Vjij urii9tSii .ib'3'~, 39002013905592 m •^y')'f^ /3« 13 'U7ia' :f^ 27-. ^'^^<*4 4'' ^ ^# ^ '4 *— * i 4 G^2^. C (^. Claiborne. MISSISSIPPI, AS A PROVINCE, TERRITORY AID STATE, WITH BIOGRAPHICAL NOTICES OF EMINENT CITIZENS, BY J". IF. H. CXi.A.ISOE,IsrDEl. VOLUME I. JACKSON, MISS.: POWER & BARKSDALE, PUBLISHERS AND PRINTERS. l8ao. Entered according to Act of Congress, in the year 1879, by Poaver & Barks- dale, Jackson, Mississippi, in the office of the Librarian of Congress, "Washington. '^¦"»'* /vi ¦ / 3 DEDICATION. TO THE YOUNG MEN OF MY NATIVE STATE, AND TO THE WIDOWS AND DAUGHTERS OF THOSE WHO DIED IN ITS DEFENCE, THESE VOLUMES ARE RESPECTFULLY INSCRIBED. INTRODUCTION. In writing this work, I have not been prompted by a desire for fame or profit, but to preserve the time-worn papers and documents confided to me by those who have long since passed away. I should have executed this trust earher, but have been prevented by the vicis situdes of war, and the demands of every-day life. I have written these volumes in dechning health, in pain and suffering, and hope that this may plead for many imperfections. Diodorus Seculus, one of the Fathers of History, introduced in his work, minute details of remarkable events, and individual adven tures and incidents, which some critics consider inconsistent with the dignity of the historic muse. I adopt his view, and have aimed to collect facts, to illustrate even the most obscure periods. Most of these facts are derived from the MS. of the prominent actors in the scenes described. I have striven to be truthful and impartial in my narrative of events and estimate of men, discarding personal or polit ical bias, in the past or the present. I have long been disconnected with parties, have maintained friendly relations with the best men on all sides, and most of those whose actions I have discussed have gone before a higher tribunal. In newspapers, in books, and on the records of the government, much has been written in disparagement of Mississippi, our people and institutions, but the facts here recorded will be their vindication. For seventy years, and more, some of these calumnies, originating with the first civil officers sent here by the United States, have stood on record, and have been received and adopted as true. They are now, for the first time, examifted and refuted. In tracing our history for twenty years preceding the civil war, I have called to my aid some of our most distinguished statesmen, whose reminiscences embrace all the material facts. This constitutes the most attractive feature of the work. The portion devoted to the Indians, who once occupied our soil, has been derived from citizens who resided among them, and from my own observations when officially associated with them. VI. Introduction. The biographical notices are, mainly, drawn from my own impres sions, for it has been my fortune to have grown up, from boyhood, among those whom I have described. I had meditated a detailed account of the civil war, to enable me to do justice to Mississippians, who won renown in so many battles. With this view, I have read most of the books that have appeared, particularly General Sherman's, Gen. Joseph E. Johnston's, Gen. Albert Sidney Johnson's — the highest authorities — and most of the magazines devoted to the subject. I find them interesting, but con flicting ; controversional, not conclusive; positive assertion and per emptory denial; full, in short, of discrepancies that must be adjusted before either can be adopted as history. A competent military critic might now write a work of intense in terest, on the errors of history in regard to the civil war. The reports of battles and campaigns, accepted in the current liter ature of our times, are, in numerous instances, grossly erroneous, and, in some, mere coinage of the brain. But the world clings, with the grip of a drowning man, to these pet historical lies. Men, who know better, continue to rehearse them, and would crucify the bold sceptic, even though he held in his hand the sacred torch of Truth ! When a favorite falsehood gets firmly planted, the conservative public does not care to have it uprooted, and, sometimes, even the author of it, when the proof is brought home to him, will not take the trouble to repair the wrong. When the Abbe Vertol had finished his work on the famous Siege of Malta, a friend furnished him the proof of material errors ; but he merely shrugged his shoul ders, and said: '^ Mon siege est fait!" The MS, went, as he had written it, to the press, although known to be a historical romance. There are many Abbe Vertols in our days. The conflicting narratives of great military operations in our times, may be traced, primarily, to the correspondents that followed the National and Confederate armies. Some of these aimed to be, and were, as accurate as possible, under the circumstances. Some were merely sensational; some were paid to make false reports, in the interest of stock-jobbers and fanatics. The reports of European battles, and the wonderful achievements of Clive, Hastings and Wellington in the East Indies, were written by the commanding general, or an officer of his staff, and accepted as authentic. But in the Crimean campaign, and in every war since the newspaper correspondents became an organized corps, moving with the army, in familiar intercourse with the officers, sending off their bulletins in advance of the official reports, and forming a public Introduction. vii. sentiment often not authorized by the facts, but very difficult to eradicate. Thus, the received opinion is, that we won a great victory at the first Manassas, and that Johnston and Beauregard might have marched into Washington, captured President Lincoln, and ended the war, but were culpably supine, and lost the opportunity. The facts are, that we fought there an army three times stronger than ours, with superior equipments. When the retreat commenced, as we had no cavalry, it was impossible to pursue with infantry, ex hausted and bleeding. "President Davis," says Gen. J. E. John son, "was present, and gave no orders to pursue, because he knew that it was impracticable." The battle of Shiloh, on the first day, was won by the Confederates against a superior force, which, notwithstanding its valor, and the ability of its generals, would probably, have been withdrawn or de stroyed the next day, but for the arrival of a powerful re-inforcement. Confronted by fresh troops and vastly superior numbers next morn ing, our diminished and exhausted army fought heroically, but not compactly or in masses, as it should have done, six hours, and was then withdrawn by Beauregard, without losing a straggler or a gun — one of the most difficult achievements in war ! Yet historians, on both sides, have given erroneous accounts of the battles, and the retreat! "Sherman was completely surprised" — "Grant routed" — " Grant victorious without Buell" — " Beauregard utterly defeated" — " His army demoralized— a mere mob ; everything lost." The actions of Gen. Bragg in Kentucky, Tennessee and Georgia, have been subjected to versions not at all to his credit. And in re turn. Gens. Polk, Hill, Hindman and Buckner, have been accused by him and his friends of conspiracy, disobedience and incompetence. Gen. Albert Sidney Johnson, at Bowling Green and at Nashville, was neither a soldier nor a hero, if the critics are to be credited, yet the same shot that killed him at Shiloh, killed the Confederacy, if we credit other statements. Gen. Joseph E. Johnston has been eulogized as the master strate gist of the war, and condemned as a timid and wavering officer, who might have relieved Vicksburg, and by his^ want of pluck, opened the way for Sherman's march to the sea. Pemberton is charged with a want of generalship in not fighting Grant, with his whole force, at Bruinsburg or Bayou Pierre; with positive disobedience in fighting the unfortunate battle of Baker's Creek, thus superinducing the fall of Vicksburg; and with a cowardly, if not treasonable, surrender of his army when he might have cut his way out and formed a junction with Johnston. On the other hand, Pemberton insists that if he had concentrated his army at or near VIII. Introduction. Bruinsburg, the iron-clad fleet of the enemy would have seized the city he had been ordered to defend; that the fight at Baker's Creek occurred under circumstances neither to be avoided or amended ; that his little army enacted prodigies of valor in the trenches ; that a coun cil of general officers, with only one dissentient (Stephen^D. Lee,) de termined that to attempt to cut- through Grant's lines was impractic able, and finally, that Gen. Johnston had it in his power to relieve him, and by his inaction and timidity occasioned the surrender. Gen. Lovell, as true a soldier 'as ever carried a sword, signalized for his personal courage in the war with Mexico, was charged with cowardice and treason for the evacuation of New Orleans, though Gen, Beauregard, and other eminent engineers, are of opinion, that the forts below were not competent to prevent the passage of iron clads, and that once passed, the city was at their mercy. Gen. Hood was called into command as the man of action and movement at a critical period of the war, who was to repair all the blunders of his predecessors, and lead his victorious arms across the Ohio. But he was soon represented as a mere dragoon ; rash, hair- brained, impetuous in the charge, with no faculty for command, who criminally failed to attack at Spring Hill, when he should have attacked, and slaughtered his army in the insane attempt on Franklin ! Longstreet ascribes the terrible defeat at Gettysburg to Gen. Lee's obstinacy, and want of precaution, and, in return, some military critics attribute it to his own disobedience of orders. The parties to these conflicting representations, arguing from their own stand-points, and summoning only their own witnesses, have made a plausible showing. But it is obvious, that a true and impar tial history of that tremendous conflict cannot be written, until further and complete testimony has been collected. I, therefore, limit myself to a few details and incidents, to illus trate the services of the volunteers from Mississippi. I am indebted to so many friends for aid and counsel, that I can only, in this way, express my grattiude to them all, and to the Press, throughout the State, and in many other quarters, for generous sup port, I trust that there will be found, in these modest volumes, materials for more comprehensive history, especially in reference to the great social, 'political and commercial changes resulting from the war. My aim has been to supply a repository of facts. Sith sails of largest size, The storm doth soonest tear, I bear so small and low a sail. As freeth me from fear. — Southwell. Natchez, April, I879. CONTENTS, CHAPTER I. Influence of ^ America ou Europe— England and Prance— The Spanish explor ers — Prince de Leon — Narvaez— DeSoto— His march through Mississippi— His battles— Where he died, CHAPTEE II. Frenchexploration— LaSalle— Tonti— Canadian voyageurs— Missionaries— In dian tribes on the Mississippi— Discovery of the mouth of the Great Eiver — Impressive ceremonies— LaSalle returns to France— Sets out to colonize the Jlississippi — His disaster.^ and death. CHAPTEE III. From the death of LaSalle to the arrival of the first French expedition, iu 1697, under D'Iberville— His illustrious family— A fillibuster of that per iod, Capt. DeGraff— Ship Island — Boat expedition to the Mississippi Eiver — Eelios of LaSaUe — Journal of D'Iberville — Ascends to the villages of Bayou Goula's and Houma's — Discovers and descends the Manchac and Amite into the lakes — Journal of Penicault — First visit of the Biloxi In dians — The Pascagoula's, Choctaws, Chickasaws and Maubilians — Bien ville's exploration — Bay St. Louis — Heron Bay — Isle au Pois — The Eigo- lets — Point Reserve — Lake Pontchartrain — Lake Maurepas — Taleatchee or Pearl Eiver — Bellefontaine — First arrival of Missionaries at Biloxi — Their route from Eoche a Davion, or Fort Adams. CHAPTER IV. The English Turn— Strategy of Bienville — The Canadians at Biloxi— First post on the Mississippi — DeTonti — Iberville, Bienville and Tonti visit Natchez — Father St. Cosme — Grand reception by the Sun and his warriors — The Great Temple — Peculiar customs — The Grand Chief and his courtiers — Morals, laws and government — The law of succession — Death of the Great Female Sun — Funeral ceremonies — The Tensas Indians — Conflagration of the Temple — Horrid sacrifice of children. CHAPTEE V. Great scarcity in the Biloxi Colony — Sickness — Death of Sauvolle, brother of Iberville and Bienville — First case of yellow fever — arrival of a fleet from France — Bienville builds Fort St. Louis de la Mobile and transfers the capital from Biloxi — Dauphin Island — Indian troubles — Supplies from France — Arrival of Priests, Sisters of Charity and young women — The first X. Table of Contents. white child— The Chickasaws and Choctaws— Massacre of the Chicka saws — They become enemies of the French and allies of the English Arrival of the Grand Vicar of Quebec— Death of Iberville— His character and services— The yellow fever— The Canadians superior to the French soldiers— Eaid on Dauphin Island— High water— DeMuys appointed Gov ernor of the Colony- Its transfer by the King to Crozat— Eesources and population in 1711 — Names of the Mississippi — Crozat's appointees — Fac tions—Seat of government re-established at Biloxi— First war with the Natchez — Bienville's expedition— Journal of Capt, De Eichebourg — Seizure of the Natchez warriors— Capitulation — Arrival at Natchez — Grand ball— Fort Eosalie— M, Pailloux, first commandant, CHAPTER VI, Arrival of a nev/ Governor and Staff — Hurricane — Ship Island fixed upon as a place of anchorage and deposit — Crozat surrenders the Colony and the King transfers it to the Western or India Company — Company bind itself to introduce 3,000 African,? — Bienville re-appointed — Fourids New Orleans — Pascagoula settled — Grant of Lands — Slave Trade inaugurated — Values — First Coast Survey — War with Spain — Pensacola capitulates to the French — Ee-taken by the Spaniards — Attack on Dauphine Island — Defeat and execution of Jayhawkers — Pensacola again invested by Bienville and the French fleet — It capitulates — Intrepidity of the Choctaws — Rivalry between New Orleans and Natchez for the Seat of Government — Hubert the advocate of Natchez — Council decides to remain at Biloxi — First cargo of negroes — Arrival of women from Paris — First plantations at Natchez — The first Drunkard — Dreadful conflagration of a slave ship — Culture and price of tobacco — Census — Land grants — Death in the Colony — Fort Conde — Mandeville de Marigny — First Coinage introduced^Desertion at Fort Toulouse — Lt, Villemont — La Harpe'e expedition — First shipment from Illinois — Negro murderer burnt — Seat of Government transferred to New Orleans and Colony divided into military and ecclesiastical districts — Choctaws bring in 400 Chickasas' scalps — Gambling — Hurricanes — The Black Code — Indigo — First shipment of lumber — Second war with the Natchez — Bienville sails for France — His services — Is coldly received — Perier appointed Governor, CHAPTEE VII, Arrival of Perier — Discontent of the Indians — The French and the Natchez — Tiie French vindicated — Massacre of the French — Father du Poisson — The massacre at Fort St, Peter — Father Doutreleau's escape — Loubois' expedi tion—Mission to the Choctaws— They attack the Natchez— Capt, Mesplex and five soldiers burned by the Natchez — Their insolent demand — The French besiege the Natchez— Journal of a FroncU officer- Narrative of Col, Hutchins— Eetreat of the Natchez— Trinity, their first halting ground — They slaughter the Tunicas. CHAPTEE VIII, Perier's expedition against the Natchez— They retreat to Sicily Island, their battle ground— Statements of Judge Taliaferro, Dr, Kilpatrick, Major Doniphan and Dr, Peck— Perier's attack— Eetreat of the Natchez— They attack the French in their fort in Nachitoches — Desperate fighting Pinal dispersion of the Natchez, Table of Contents, xi, CHAPTEE IX, Bankruptcy of the Western Company — Eeversion of the Colony to the King — Bienville re-appointed Governor — Arrives in New Orleans — The Chicka saws — Under British influence hostile to the French — Arrest of Capt, Young — Bienville's first expedition against the Chickasas — Ascends the Tombigbee — March to Chicka,sas' Old Field — The French repulsed — Valor of the officers — Eetreat to their boats — Capture and burning of D'Arta- guette and his party. CHAPTEE X. Bienville organizes a second expedition — Concentrating his forces at the mouth of Wolf river, (Memphis.) Builds Fort Assumption, Reinforced by Can adians and Indians from Illinois posts — Journal of a French gtafi' officer, CHAPTER XI. Bienville superseded and returns to France — De Vaudreuil, the new Governor, arrives — Difficulty with the Choctaws — Insurrection of Red Shoes — Civil war among the Choctaws — The French and English factions — De Vau- dreuil's expedition up the Tombigbee against the Chickasas — His precip itate retreat — Transfer to Canada — Arrival of Kerlerec, the new Governor — Horrible incident on Cat Island — Louisiana transferred to Spain by secret treaty — Spain cedes West Florida to Great Britain — The sea-board of Mississippi — Biloxi, the sepulchre of the chivalry of France — The Creoles of the coast — Defects of French colonization, CHAPTER XII, The flag of England — British possession of Canada, the Illinois and Florida — Boundaries of West Florida — Boundaries and conflicting claims and grants of Great Britain, Spain and France — Action of Georgia — She establishes the county of Bourbon — Dispute between South Carolina and Georgia — They appeal to Congress — Commissioners appointed — Amicable adjust ment — Georgia negotiates with Congress — State legislation — Georgia sells a large portion of the disputed territory to three associations or companies — Opposition of the United States Government — Sale subsequently rescind ed — Noble conduct of South Carolina — Georgia compromises with the United States — Bad faith of the latter — Spain holds the Natchez district — Builds Fort Nogales (at Vicksburg) and places garrisons at Natchez, New Madrid, Manshac and Baton Eouge — Mississippi Territory created by act of Congress — Its boundaries — Georgia and Spain dissatisfied — How the matter was settled, CHAPTER XIII, Arrival of Capt. Johnstone at Pensacola as Governor of British West Florida — Garrisons the ports at Mobile, Manshac, Baton Rouge and Natchez — Seat of government and courts at Pensacola — Common laws of England intro duced — Liberal grants of land — These grants and the troubles between the Colonies and Mother Country draw many immigrants to West Florida — These immigrants loyalists, not Tories — Many of them educated and wealthy — Gov. Farmer — Major Loftus' expedition — A fugitive slave pro tected by the British flag — The retreat — The British at Pensacola cut off XII. Table of Contents. from communication with the posts in Illinois and Canada — Great council of Choctaws and Chickasaws in Mobile— Path opened for the immigrants —British traders on the Mississippi— The slave trade— Manshac in 1777— Hon. Mountford Brown appointed Governor— Daniel Clarke, senior— Hon. Peter Chester appointed Governor — Active immigration — Large grants in Natchez district— The Ogden mandamus— Richard and Samuel Swayze— The Jersey settlement— The Lyman grant— Gen. Phineas Lyman— The Connecticut Colony— Their sufferings on the Mississippi — Capt. Mathew Phelps— His Journal— Severe afflictions — Loss of wife and children- Noble conduct of a Virginian. CHAPTER XIV. Pensacola in 1776 — Mobile — Natchez— Plantations on St. Catharine under French rule — Memoranda from Hutchins' MS. — How the immigrants came to British West Florida — How they lived — What they exported — Contrast between British and French colonization — High character of the immi gration — Natchez in 1776 — Direct trade with London and Jamaica — Louis LeFleur. CHAPTER XV. lames Willing, the Jayhawker — Is sent on a mission of peace — His speech at Big Black — The oath of neutrality — Reception and speech at Natchez — Lands at White Cliflfs — Raid on the planters — Seizure of Col. Hutchins — Robberies on the river — Statement of Sir William Dunbar — Debaucheries in New Orleans — Plans another marauding expedition — Col. Hutchins escapes and warns the inhabitants — They assemble in arms — Capt. Phelps' statement — The citizens apply to Gen. Campbell at Pensacola for aid — A company of Tories or refugees sent to Natchez — No better than the Jay hawkers — Confiicts between them and the volunteers — Gallant exploit of Felt, a volunteer — His heroic resistance and death — England, France and Spain at war. CHAPTEE XVI. Governor-General Galvez — Attacks the British fort at Baton Rouge — Col. Dick son capitulates — Surrenders the fort at Natchez and other posts — Galvez lays siege to Fort Charlotte, Mobile — It surrenders, and with it the whole district from Perdido to Pearl River — besieges Pensacola — Journal of Sergeant Matthews — Gen. Campbell surrenders the fort and the entire Province — West Florida thus passed under the Spanish flag — Spanish gar risons sent to Mobile, Baton Rouge, Manshac, Natchez, Nogales, and New Madrid — Revolt of the inhabitants of Natchez district during the seige of Pensacola — Col. Hutchins, Capt. Lyman and their friends — Get possession of Fort Panmure by stratagem — Sudden appearance of Spanish re-inforce- ments — Citizens prepare to fight them — News of the fall of Pensacola and surrender of the Province — Consternation of the citizens — Dispersion and flight — Dreadful journey of the fugitives — Famine and thirst — Heroism of Mrs. Dwight — Narrow escape of Col. Hutchins — The faithful slave — Six of his party slain — Reaches Savannah and sails for London — Col. Grand-pre, the Spanish commandant — Panton & Co., of Pensacola — Mrs. Hutchins goes to New Orleans — Lenity of Don Pedro Piernas — His uoble dispatch — Arrest of prominent citizens — Subsequent pardon. Table of Contents. xiii. CHAPTEE XVII. The Spanish Governors— Mild administration of the laws— Protect the fami lies of the fugitives— Generosity to the Lymans— Measures to encourage immigration— The Highlanders— Scotch-Irish— Eeligious freedom— No persecution— Administration of justice— Sir Wm. Dunbar's testimony- How debts were collected — Relief measures— Interest on money — Memo rial of the planters — Response of the merchants— How lands were obtained —Tobacco — Why its culture was abandoned— Cotton— The Rot— The green seed— Mexican or Petit Gulf seed— Dr. Rush Nutt— Cotton on the sea- coast — The Eoller-Gin — Price of cotton — First shipment from Natchez — Greenleaf and Carver, the first gin-wrights — Public gins — Cotton receipts the currency — The first cotton-press— Sir Wm. Dunbar— First suggestion of cotton seed oil — Negro labor— Price of slaves— Their condition and treat ment — Sir Wm. Dunbar on slavery — Laws for the protection of slaves — Public opinion — The patriarchal relation between the planter and the slave — Who is responsible for slavery iu the South — Who reaped the largest profit from his labor — The North arraigned and fouud guilty — The North ern clergy — Their relentless hate and fanaticism — Degradation of the Northern pulpit — God's ministers in the South — Eetribution. CHAPTEE XVIII. Gov. Miro — His great popularity — France hostile to the United States — Her outrages on American commerce — Mission of Genet — Eeal object recovery of Louisiana and dismemberment of the Union — President Washington — His proclamation of neutrality — Western people demand the free naviga tion of the Mississippi — Are anxious to fight^he Spaniards for it — Willing to join Genet until they discover his real design — A British intrigue — Wil liam Blount, U. S. Senator from Tennessee — Action of the Senate — His great popularity in Tennessee — May have been indiscreet, but no traitor — Georgia asserts her claim to the Natchez district and establishes it into the county of Bourbon — Magistrates and other officers appointed — High character of the appointees — Many of them old loyalists — Distinction be tween loyalists and tories — Spain in possession of tlie district — Her offi cials greatly annoyed — Zachariah Coxe — Dr. James O'Fallon — To coun teract the action of Georgia Spanish emissaries sent to Kentucky and Ten nessee, to propose a union with Louisiana — Thomas Powers — His subse quent career — The Georgia land sales — Territory covered by these lands — Effect of this transaction on Spanish jiolicy — Brings long protracted negotiations to an end, and Spain surrenders the Natchez district to the United States, and the free navigation of the Mississippi. CHAPTER XIX. Andrew Ellicott — His antecedents — Is appointed commissioner to run the line between the United States and Spain under the recent treaty — Descends the river — Low trickery at Bruinsburg — Arrival at Natchez — Assumption of authority — Quarrels with Gov. Gayoso — His suspicions and intrigues — Organizes factions — Instigates a mob — His Journal a false record — His reported interview with a nameless stranger — Perfect peace in the district until Ellicott came — Only one person in prison — No occasion for patrols or police — Conciliatory policy of the United States disregarded by Ellicott — XIV. Table of Contents. He declares that war is impending— Tries to provoke a conflict— Arrival of Lt. Pope— Ellicott attempts to bully him— Expects to be Governor- Contrast between Ellicott and Gayoso— Mobs— North and South Penn sylvania against the United States— Gov. Snyder and Gen, Bright— United States Marshal driven off' with the bayonet— Citizens of the Na,tchez dis trict alarmed by the mob, and the movements of Ellicott, organize a Com mittee of Safety— Action of the Committee— Its proposition to Gov. Gayoso —His response — Tranquility restored— Committee applies to him for the privilege to nominate their magistrates, and recommend that criminals shall be tried where the crime may have been committed — His liberal response — Having obtained these two great securities for civil liberty, the Committee of Safety dissolve — A permanent committee elected at the sug gestion of Ellicott— United States officers, Gen. Wilkinson, Maj. Guion, Lieuts. Pope and McOleary, Gen. Mathews, agent for Georgia, and Maj. Freeman, Uuited States Surveyor, hold Ellicott in contempt — The Perma nent Committee and Col. Hutchins — Falsity of EUicott's Journal — His slander of United States officers — They sustain Col. Hutchins — Gov. Gayoso transferred to New Orleans — Don Stephen Minor Governor — Col. Hutchins to Gov. Minor, for the election of an agent to the Congress of the United States to represent the views and interests of the district, and the election of a Committee of Safety — Gov. Minor's reply — EUicott's opposition — Military interference by Lt. Pope — His letter to Landon Davis — His or derly at the polls — Col, Hutchins' scathing letter to Pope — Committee of distinguished citizens elected — Their memorial to Congress — Their mes senger robbed by an emissary of EUicott's — Copy of the same sent by Daniel Burnet — Its recommendations adopted — Narsworthy Hunter elected agent to Congress — EUicott's slander of Mr, Hunter — His attacks on Gen. Mathews and Gen, Wilkinson — His treachery and meanness — The National flag — Lt, Pope's testimony, CHAPTER XX, Military occupation — Gen, Wilkinson's instructions to Capt. Guion — Caronde- let to Wilkinson-;— Voyage of Capt. Guion — Halts at lower Chickasaw bluff and builds Fort Adams — The Chickasaws — Col. Howard, of the Spanish army — Guion's letter to Secretary of War — Private letter to Daniel Carthy — To Lt. Pope — To Gov. Gayoso — First American troops — Letters from Secretary of War — Policy of the United States — Capt. Isaac Guion — His career and character — His contempt for Ellicott — Official cor respondence — Wilkinson to Guion — The Duke of Orleans (Louis Phillippe) and Marquis de Mountjoye — Wilkinson predicts that he will be King of France — Sensation in New Orleans — Ellicott leaves Natchez — Defence of Capt. Guion against Ellicott — Guion's wise and firm administration — Col. Hutchins' testimony— Maj. Freeman on Ellicott — His testimony before the Court Martial— Mr. Walker's statement— Don Stephen Minor— Gov. Gayoso— arrival of United States troops— Gen. Wilkinson, Col. Ham- tramck, Maj. Kersey— Maj. Butler— Headquarter.s at Loftus Heights — Sketch of Don Stephen Minor and Sir Wm. Dunbar. CHAPTEE XXI. President Adams recommends that the Natchez district be organized into a Territory— April 8, 1797, Territory created— Slavery sanctioned, but the Table of Contents. xv. importation from foreign ports prohibited — John Henderson — First move ment in favor of education and the support of religion — Winthrop Sar gent — John Steele — New England Ohio Land Company— Dr. Cutler, the pioneer lobbyist — Extract from his Journal — Capt. Thomas Hutchins — Liberality of the Virginia members of Congress — Sargent as Secretary of the Noi th-Western Territory — is unpopular — Nominated Governor of the new Territory — Nomination not acceptable, but confirmed — Prejudiced against the Territory — Maj. Guion exercises civil and military powers — Perfect order in the district — Sargent arrives at Natchez, with instruc tions to conciliate the good will of the people — Delivers a speech which is well received — Visits Ellicott, then on the boundary survey— Ellicott obnoxious to two-thirds of the people — Sargent's appointments — His com missions scornfully rejected — Coalition with Ellicott fatal to Sargent — His ill-temper and unpopular measures — The opposition — His official cor respondence — Misrepresentations and calumnies — Denounces the Territory and the people — Maj. Thomas Freeman, first Surveyor General — Sargent's arbitrary conduct — His measures adapted to a, penal Colony, not to a Territory of freemen — The people aroused — They petition to Congress — And are allowed to have a Legislature — Au agent appointed to represent their grievances to Congress — Narsworthy Hunter — His credentials — Elli cott and Sargent denounced — The Territory vindicated — Their scathing letter to Sargent — Col. Cato West — Mr. Hunter's first letter — Defends his constituents, points out resources of the country and exposes Gov. Sargent — Action of Congress — Abstract from the Journals — Sargent's laws and ar bitrary regulations rescinded — The opposition sustained — The Guvernor departs for Boston. CHAPTEE XXII, Thomas Jefferson elected President — Appoints Wm. C. C. Claiborne of Ten nessee, Governor of the Mississippi Territory — Gov. Claiborne's letters — Capt. Sparks — The Territorial Legislature — Its high character — General harmony and union — The Governor's recommendations and appointments — James Ferrall, the only printer — Mason, the highwayman — Little Harp — Mason killed and two of the gang executed — Swaney's narrative — Capt. Harper's account — The Choctaws — Seat of Government located at Wash ington — Death of Narsworthy Plunter — Thomas M. Green appointed — Con flicting land claims — James Madison to Gov. Claiborne — Attorney Gen eral Lincoln's opinion — Economical administration — Stationary then and now — People of the Territory want rifles, not muskets — Appqintraents — Gov. Claiborne to the Chickasaws' Agent — The true Indian policy — James Madison on land claims — The Governor's reply — The old Choctaw line — Gov. Claiborne proposes to seize New Orleans — Designs of Napoleon on Louisiana — First information given by Gov. Claiborne — President .Jefferson contemplates a British alliance — Memorial of the Mississippi Legislature — Napoleon's change of policy — Cedes Louisiana to the United States — Lausset appointed to deliver it to Wm. C. C. Claiborne and James Wil kinson, Commissioners — Eobert Williams, of North Carolina, appointed Governor. CHAPTEE XXIII. James Wilkinson — His father's last injunction — Enters the army — Canada cam paign — becomes aid to General Gate.? — Conducts the negotiations for the XVI, Table of Contents, capitulation of Burgoyne at Saratoga— Carries the news to Congress- Eulogized by Gates — Breveted by Congress — His controversies and indom itable spirit— Services on the North- Western frontier— Death of Gen. AVayne — Wilkinson becomes Commander-in-Chief of the army — Contro versies with Daniel Clark and Andrew Ellicott— Clark's charges examined — Demands a court of inquiry — Unanimously acquitted — Approval of the President — An eventful life — His memoirs — Dies in New Orleans — W. C. C. Claiborne — Clerkship in Congress — Eeads law in Philadelphia — Set tles in Tennessee — Elected to the first Convention — Appointed Judge by the first Legislature — Elected to Congress — Appointed Governor of Mis- sissipjji Territory and Superintendent of Indian Affairs — His Administra tion — Appointed Commissioner to receive Louisiana from the French Pre- ¦ feet — Appointed Governor and Intendant of the Province of Louisiana — At same time Governor of Mississippi Territory — Territory of Orleans organized — Appointed Governor thereof — Difficulties of his position — His successful administration — Territory admitted into the Union — Elected first Governor of the new State — Ee-elected — Annexes West Florida to Louisiana — Receiving the St. Domingo refugees — Co-operates with General Wilkinson and General Jackson in the defence of the city, but opposes martial law and suspension of Habeas Corpus — Elected to the Senate of the United States — Died before taking his seat — James Wilkinson appoint ed to receive it — Review of Claiborne's administration — Is appointed to administer the Province of Louisiana with the powers and authority of the Spanish Captain-General, retaining at same time his commission as Gov ernor of Mississippi Territory — Orleans Territory organized — Claiborne Governor — Eobert Williams appointed for Mississippi. CHAPTEE XXIV, Gov, Williams — Cowles Mead, Secretary for the Territory — Judge Eodney — Thomas H. Williams — Washington, the Territorial capital — Its social attractions — Jefferson College — Eev. Joseph Caldwell — The Maryland settlement — Gen. Covington — Dr. Eawlings — Wm. B. Shields — The Grav- sons — The Kemper imbroglio — The three brothers — Marquis de Casa Cal- voto Gov. Claiborne — Wm. Lattimore elected delegate to Congress — His character and career — Indian treaties — How mails were carried — First wagon road — The Spaniards on the Sabine — Action of Gov. Claiborne — His arrangement with Cowles Mead, Acting-Governor of Jlississippi — Mississippi troops under Maj. F. L. Claiborne march from Natchez — List of officers — Gen. Wilkinson takes command — His correspondence with Gen. Cordero — Spaniards retire to Nacogdoches — The American troops dissatisfied— Wilkinson suspected ot treachery— Col. Cushing's statement — Wilkinson influenced by a communication from Aaron Burr —Col. Smith's deposition— Col. Walter Burling's deposition— Geo. Poiii- dexter's statement— Gen. Wilkinson warns Gov. Claiborne of the designs of Burr— Wilkinson and Don Steven Minor— Gov. Mead's proclamation —Sketch of his career— Approach of Aaron Burr- Great excitement- Governor Mead's orders to Col. P. L. Claiborne— Mississippi troops con centrated near mouth of Cole's Creek— Burr's flotilla— He surrenders to Messrs. Poindexter and Shields, aids of t!ov. Mead— Interview.s at the house of Thomas Calvit— Burr surrenders to the civil authority- Trial at Washington— Put under bond and escapes— His affaire de coeur at Halfimy Table of Contents. xvh. HiU — Alarm and excitement in the Territory — Blennerhassot in Mississippi — Gov. Williams' proclamation — Letter from Hon. W. B. Shields— Col, O.smun — Burr's conversation with Plenry — His flight to the Alabama river — His arrest — His plans, character and career^Devotion of the people to tlie Union — Parallel between Wilkinson and Burr, CHAPTER XXV. Conflicting Land Claims— Review by Hon. W. P. Harris— Division of the Ter ritory — Various Plans — Parties Created and Affected by it — Views of Hon. Wm. Lattimore — Ship Island Harbor — Currency — The Bank of Missis sippi — David Holmes appointed Governor — His Antecedents and Char acter. CHAPTEE XXVL Insurrection in West Florida — Capture of Baton Eouge— Death of Grand-Pre' — Convention — Declaration of Independence — The Commonwealth of West Florida — their proposition to the President — His Proclamation — Gov. Clai borne ordered to take possession of the District — Natchez Eifles and Adams County Dragoons — National flag hoisted at Baton Eouge — Declared a por tion of Louisiana, and the whole District, including the Sea-board, organ ized into Parishes — The inhabitants harrassed by jay-hawkers, claiming to act under the Convention or Commonwealth of West Florida — Depreda tions on the Sea-board — Collins' and Farragut's statements — Action of Gov. Claiborne — Dr. Flood's report — Kemper's expedition against Mobile — Frontier excitements — The Creek Indians on the east fillibusters in the west — Judge Toulmin — Capt. Magee, U. S. A. — Eesigns and heads the fillibusters — Kemper, Percy and Eoss — the patriots in Texas — Eetreat of , Salcedo — Slaughter of the Spaniards — Gov. Claiborne to President Madi son — Spanish officers, prisoners, massacred — Kemper, Eoss and other Am ericans, throw up their commissions in disgust — Gen. Toledo in qommand — Defeated by Arredonda — Dispersion of the Patriots — Natchez and the Liberators — Her sympathies and motives illustrated by Daniel Webster — The South in the Civil War — The verdict of posterity. CHAPTEE XXVII. Indian troubles — Tecumseh among the Choctaws — Grand Council at Tooka- batchie — Ceremonials — Teoumseh's speech-^Col. Hawkins — Inefficiency of the War Department — Madison, a feeble President — Gov, Holmes orders a draft — Claiborne appointed Brigadier-General — March to Baton Eouge — To the Alabama river — Gens. Wilkinson and Flournoy — The SpaniaiSs surrender Mobile — Mississippi and Louisiana volunteers — List of officers — battle of Burnt Corn — Gen. Flournoy to Gen. Claiborne — Letter from Gen. Wilkinson — Gen. Claiborne's movements for the protection of the settlers — Maj. Beaseley — Fall of Fort Mims — Dreadful massacre — Alarm all over the Territory — Noble action of Tennessee Legislature — Energy ot Gov. Holmes — Col. Hinds — His splendid command — Unpleasantness with Maj. Gen. Flournoy — Correspondence — Col. Nixon — George S. Gaines, John Pitchlyn and Simon Favre — Fort Claiborne — Expedition to the Holy Ground — Destitution and suffering of the Volunteers — Gen. Claiborne's C-2 XVIII. Table of Contents. tribute t6 their patriotism and gallantry — Arrive at the Holy Ground Battle— Defeat of the Indians— Address of the volunteers to Gen. Claiborne — Distress in the Territory — Experimental Legislation — Eelief laws — Patriotism and valor of the Mississippians. CHAPTEE XXVIII. Gen. F. L. Claiborne— Enters the United States army as Ensign— Ordered to Wayne's command — Great battle with the Indians — Promoted for gallantry — Eesigns in 1805 and removes to Natchez — Elected to the Legislature — Speaker of the House — Major of volunteers — Leads expedition to the Sabine — 1813 appointed by President Madison Brigadier General of Vol unteers — Ordered to Baton Eouge — To the Alabama — Bad management of the WarDepartment — Provides money and provisions for his men — Ordered to defend Mobile against the Spaniards — The real trouble with the Indians — Battle of Burnt Corn — Measures to defend the settlements — Strongly garrisons Fort Mims — Cautions officer in command — Eepairs to the weakest and most advanced post — Fall of Fort Mims — General panic — Excitement in the Territory — Patriotic action of Tennessee — Secures co-operation of the Choctaws — Col. Hinds and Gen. Flournoy — Gen Clai borne asks orders to attack the Creeks in their strongholds — Eef used — Asks permission to attack Pensacola — Eefused — Builds a fort and collects sup plies for Jackson's army — Gen. Jackson's letter — Battle of the Holy Ground — Suffering on the march — Our brave volunteers — Expiration of service — Death of Gen. Claiborne — Gen. Jackson in the Creek Nation — Bravery of the Indians — Jackson's victories — At Pensacola — Marches for New Orleans — Trimble's narrative — Mississippi dragoons — Col. Hind's achievements — Leaping the ditch — Eeconnoissance of British line — Death of Col. Lau derdale — Major Chotard — Capt. Sam Dale — Valor of the British — Capt. S. C. Wilkins — Natchez rifles — The victory. CHAPTEE XXIX. Earthquakes — Mr. Poindexter, Delegate in Congress, proposes the admission of Mississippi as a State — Opposes its division unless the Florida parishes and the sea-board, both then included in Orleans Territory, be added to Mississippi — Evils of Territorial Government — Population of the Terri tory — Territorial parties and politicians — Cowles Mead and John W. Walker to Poindexter — Love of the Union predominant in Mississippi — William Lattimore elected to Congress — Division of the Territory — Con vention to form a Constitution — List pf Delegates — Sketches of prominent members— Judge Simpson — James C. Wilkins — John Taylor — Christopher Rankin— Edward Turner— Joseph Sessions— John Steele— H. J, Balch— .Joseph E, Davis— John Ford — Dougall McLaughlin — Noel Jourdan — Amos Burnet— Gen. James Patton— Clincli Gray— :McKay, McRae and McLeod— Thomas Bilbo— Col. Harman Runnels- Walter Leake— Thomas Barnes— Joshua G. Clarke— IL D. Downs— Anthony Glass— Girard C. Brandon— Abram M. Scott— Gen. Joor, Joseph Johnson— Messrs. Hanna, Batchellor, Torrence, Burton and Wilkinson— Gen. David Dickson— Louis Winston— The first Legislature— Walter Leake and Thomas H. Williams elected United States Senators— Judge Turner to Poindexter— Lyman Harding first Attorney General— His duty to attend the General Asseiably -Thomas B. Reid-Wm. B. Shields, John Taylor, J. P. Hampton aad Table of Contents. xix. Powhattan Ellis, the first Judges— State officers— Memoir of Lyman Harding. CHAPTER XXX. George Poindexter— His ancestry— Studies law — Becomes involved— Sails from New York to New Orleans— Settles in Natchez— Is appointed District Attorney — Elected to the Legislature — Marriage — Delegate to Congress — Ee-elected— Appointed Judge— Separation and divorce- Affair with Abijah Hunt— Controversy about his conduct on the field — How duels were then conducted — Letter from Maj. Shields— Duel between Farrar and Clai borne— Poindexter and Gen. Minor- Controversy with Marschalk — Letter to Hon. Langdon Cheves— Judge Leake's statement — Testimonial from the bar — Controversy with Brown and Percy — Charged with cowardice at New Orleans — With an attempt at rape- His vindication— Gen. Cocke aud family — Letters from Gen. Jackson— Elected to the first State Cot^vention — Master-spirit of that body — First Representative in Congress — Dis tinguishes himself in defence of Gen. Jackson — Elected Governor — Domes tic griefs — Letter from his son — Codifies the laws — Second marriage — Euns for Congress — Defeated hy Christopher Eankin — Slavery question — Eeli gious sentiment — Cause of his defeat — Emancipation in the South — Evils of outside interference — Eev. Dr. Williams — Maryland Colonization Society — Hon. J. H. B. Latrohe — Wills of James Green and Isaac Eoss — Import ant decision of Court of Appeal — S. S. Boyd — the Montgomery family — Freeman's Chancery Eeports — Gen. John D. Freeman — Poindexter in re tirement — First movement to make Jackson President — Letter from Wm. B. Leyis — Declines appointment of Chancellor — Writes to Gen. Jackson — Becomes a candidate for U. S. Senator — Defeated by E. H. Adams — Let ter from Wm. Burns — Death of Senator Adams — Poindexter elected — Let ter from Lt. Gov. Scott — Elected as an anti-hank Jackson Democrat — Takes his seat in the Senate — Joins the opposition — Singular letter to Mr. Liv ingston — Correspondence with J. F. H. Claiborne — Quarrels with President ab()ut appointments — Letter from Col. Sam. Gwin — The cry of State Eights — Personal sketch of Poindexter — His quarrels — Becomes the cham pion of the U. S. Bank — Makes pecuniary arrangements — Correspondence with Nicholas Biddle, President of the Bank — Biddle's instructions — Shameful conduct of the Bank — Distress and ruin it occasioned — Statement of Mrs. G. Hewes — Menace of the panic makers — More arrangfements with the Bank — Poindexter warms up in its defence — The Bank a gigantic swin dle — insolvency and explosion — attempt to assassinate President Jackson — His opinion — Singular lettersuto Poindexter — Becomes a candidate for re-election — Conference between George Adams, Wm. M. Gwin and Eol^rt J. Walker — He takes the field against Poindexter — Endorsement of Gwn. Hinds and Gen. Jackson — The canvass — defection of Black, Cage, Lynch, Wilkins and Plummer — Hugh L. White for the Presidency — fiesult of the election — Poindexter defeated — Termination of his political career — acci dent at Natchez — His latter days — The shadows of the past — Death. CHAPTEE XXXI. EoBEKT J. Walkee — Personal appearance — Nominates Gen. Jackson — Immi grates to Mississippi — Lawyer and land speculator — Abandons the Jack son party and goes over to the Bank — Practical repudiation — Bankruptcy XX. Table of Contents. , of the Banks— Eeturns to the Jackson party— Whitewashing— Hon. Geo. Adams and Wm. M. Gwin-A. J. Donelson— Walker and Poindexter— General H. S. Foote— Franklin E. Plummer— Walker in the canvass— Elected United States Senator— Becomes an extreme Southern ultraist Champions Texas annexation— Denies the right of petition— Separates from the Democratic party and unites with Mr. Calhoun on the slaveiy question— More ultra than native Southerners— Becomes intimate with President Tyler— Their mutual intrigues— Walker and his master— Van Buren and Clay— Their attitude on Texas question— Nomination of Polk— Cabinet intrigues— Walker, Secretary of the Treasury— His great ability— George Bancroft— How he was confirmed— Polk's duplicity —How Franklin Pierce was nominated— Walker re-sumes his prof ession— , President Buchanan— Eefuses to give Walker a Cabinet appointment, but sends him to Kansas as Governor— A dead failure— Deceives both parties — Eeturns to Washington — Denounces Buchanan — Creeps over to the fanatics — Becomes violent against the South— Seeks employment from Lin coln—Sent to Europe to defeat Confederate loan— Denounces President Davis and Mississippi — His ingratitude. Fkanklin E. Pltjmmbk — A Yankee boy — Works his passage to New Orleans — Goes to Pearlington— Settles in Copiah — Schoolmaster and man of all -vpork — Eemoves to Simpson — Turns lawyer — Eapid rise at the bar — Elected to the Legislature— His great popularity— Candidate for Congress— No money — Pays his way with practical jokes — Electioneering tactics— Hunt ing red-bugs— At the cow-pen— Plummer and Cage— Triumphantly elected — Eunnels and Plummer — Plummer hand-billed as an abolitionist — How he treated his enemies— Gen. Fox— Judge Ellis— Bull-dozing *n Natchez — His wonderful popularity — Is courted by aspiring men and by the Banks — Yields to the temptation — Becomes speculator and banker — ^Political , dictator — Nomimites State ticket — His efforts in the canvass — Elects the Governor, but loses his other nominees — Becomes embarrassed and in tem perate — Dies in poverty and obscurity. William M. Gwin — Comes to Mississippi as United States Marshal — Favor ite of Gen. Jackson — Col. Sam. Gwin and Poindexter— How their quarrel influenced parties — Party puddle stirred up — Bob Walker rises to the sur face — Pitted against Poindexter — The canvass — Walker's election due to the Gwins, and the influence of Jackson — Duel between Judge Caldwell and Col. Gwin — Large operations in land-;— How they influenced the an nexation of Texas — Gen. Sam Houston — Dr. Sam Puckett — How Walker got a residence in Madison county — W. M. Gwin becomes a candidate for the Senate — Why he declined — Democratic party demoralized by the election of Gen. Harrison — Re-organized by Gwin — His great faculty for organization — Arranges a ticket — Becomes a candidate for Congress — Whole ticket elected — Death of President Harrison — His character — Silas Wright, of New York — Tucker and Shattuck — John D. Freeman — Judge Thacher — Judge Winchester — Gwin and Calhoun — Intrigues for the Pres idency — How Calhoun killed himself — R. M. T. Hunter, of Virginia — Gen. Jackson and Calhoun — Characteristics of Old Hickory — A Presbyterian but no saint — Tom Marshall's portrait of him — Francis P. Blair — The Globe newspaper — Thomas Ritchie and A. J. Donelson — Mr. Gwin declines a re-election — Attends Baltimore Convention — How Van Buren was de- Table of Contents. xxi. feated and Polk nominated — Clay and Van Buren on Texas — Their patriotic and unselfish course — Characteristics of Polk — ^Magnanimous course of Silas Wright — His letter — President Polk's ingratitude — Walk/ er's intrigues — Bancroft set aside — Walker in the Treasury — -How he got there — The "lost commission" — Letter from Hon. Jacob Thompson — Sen atorial canvass of 1845 — Gov. McNutt — Gwin and Quitman defeated — Gen. H. S. Foote winner — Gwin removes to New Orleans to build the new Custom House — Eesigns — Immigrates to California — Is elected to the Con vention — United States Senator 12 years— His wonderful career in Wash ington, in France and Mexico. Jacob Thompson. — Born and educated in North Carolina — Moves to Missis- ippi — Opens a law office at Pontotoc — The Chickasaw district organized into Counties — Exciting issue on the right of representation — Mr. Thompson distinguishes himself in the debate — Nominated for Attorney General — Defeated by a small majority — His success at the bar — Mississippi con tested election — Is nominated for Congress — Elected — Re-nominated and re-elected — His influence and standing in Congress — Great popularity at home — The Presidential election — The Texas question — Its effect on Van Buren and Clay — Intrigues of Robert J. Walker — Honesty and firmness of Van Buren — Noble attitude of Mr. Clay — Nomination of James, K. Polk — His characteristics — His nomination due to Walker, Gwin and Thompson — How Walker got into the Cabinet — The lost commission — Thompson re-nominated for Congress and declines a seat in the Senate — Ee-elected by a large majority — Serves twelve years continuously in Con gress, holding the high position of Chairman of the Committee on Indian Affairs and Chairman of the Committee on Public Lands — Mr. Buchanan elected President — Mr. Thompson appointed Secretary of the Interior — The Eussell and Bailey affair — Great excitement — Prompt action of Mr. Thompson — His vindication^Election of Mr. Lincoln — Attitude of Mis sissippi — Delicate position cf Mr. Thompson — Eesigns his position — Cor dial reception at home — Enters the Confederate army on the staff of Gen. Longstreet — Aid to Gen. Beauregard — Battle of Shiloh — Eetreat from Corinth to Tupelo — Enters Ballentine's regiment as Lt. Colonel — His nar row escape — The battle of Coffeeville — On the staff of Gen. Pemberton — Plans the great cavalry raid— Siege of Vicksburg — With the army at En terprise — Elected to the Legislature — Called by President Davis to Eich- mond — Important confidential mission to Canada — Extraordinary dis closures — Hi" masterly plans — How defeated — Romance of the war — The St. Albans affair — Assassination of President Lincoln — Is charged by' Pres ident Johnson with complicity — Characteristics of Abraham Lincoln — Mr. Thompson appeals to the public — Is menaced with impeachment and I|pos- > ecution for the Eussell and Bailey affair- Challenges investigation 'and trial — The matter dropped. CHAPTER XXXII. Jurisprudence of 'the Territory and State— Conflict of laws and titles — Yazoo fraud — Fletcher vs. Peck — Congressional compromise — Mississippi Terri tory established— Sargent's Code— Second grade of Government— Toul- min's Code — Common law acknowledged — Turner's digest— Convention of 1817— Admission of Mississippi as a State — The first Constitution — Poin- XXII. Table of Contents. dexter's Code— First Supreme Court— Walker's reports— Decisions reversed —Montgomery vs. Ives— Decker's case— Liberal views in regard to slaves —Eights of the colored man always protected in Mississippi— Lord StoweU, Lord Mansfield and Judge Story— Bills of exchange— The Judges of the old Supreme Court of Mississippi- Judge Stockton— Judge Win chester—The common law— High character of the Judiciary of Missis sippi-Judge Hill, of the United States District Court— Convention of 1832 —Peculiar features of the Constitution— Introduction of Slaves prohibited —American Colonization Society— Pray's digest— Why it was not satisfac tory—Howard and Hutchinsons' digest— Sharkey, Ellett and Harris' digest —The High Court of Errors and Appeals— Judges Sharkey, Smith and Wright — Fisher vs. Allen — Eights of married women first recognized by the Chickasaws and Choctaws — How introduced into the laws of Mississippi- Mrs. Hadley — Conflicting State and Federal decisions on the introduction of slaves— The State Court right— Opinion of Mr. Webster— Questions growing out of the admission of the Chickasaw counties — Vice Chancery Courts — Banks — Inflation, speculation, bankruptcy and litigation — The Briscoe bill — Important decisions — Union bank bonds — The true policy of the State — The Appraisement law — Limitation of estates — How settled — Shelly's case — Conflicting legislation and decisions — Able review by Judge A. M. Clayton — The criminal law in Mississippi. CHAPTEE XXXIII. The Choctaws — Early traditions— The mysterious pole — The brothers — They separate — The two tribes — Pontotoc and Nanauy-ya — The Na-hon-la or giants — The Mammoth — Origin of the prairies — The Choctaws allies of the French — The Chickasaws allies of the English — Extinction of the Chocchumas — Great Ball Play and battle between the Choctaws and Creeks — Eeseutment of the Choctaws — Exemplified many years thereafter in a conference between Tecumseh and Pushmattaha — Social condition of the Choctaws — The wife — Criminal code — story of Pi-in-tubbe — Homicide and witchcraft — funeral ceremonies — The doom of the dead — Tribal divisions — Chiefs and Captains — How councils were convened — Ceremonies — At tachment to country — Aversion to removal — The half-breeds and full bloods — The two parties in arms — Interview between Folsom and Ne-ta-ca- cha — Treaty of Dancing Eabbit Creek — Pressure on the Indians — How their consent was obtained — How they were deceived — Puk-sha-nubbee — Push mattaha — His birth — His military exploits — His death — His last words — His defence of polygamy — Greenwood Lefleur — His reforms — The Musco gees— Their origin and power — Their towns — Peculiar customs — Visit of ?'Captain Eoman to the Choctaws and Chickasaws — Their villages — The Missionaries and their labors — Early marriages — Cheap house-keeping — Indian Cookery— Superstitions — Witches — The rain-maker — Medicine Man — Characteristics of the Choctaw warrior — Of the women — Their interest in the story of the Cross— Public worship and the Sabbath— Ancient cus toms. APPENDIX. Eecollections of Natchez in early times. The settlement and Pioneers of Vicksburg. The first steamer on the Ohio and Mississippi— Nicholas J. Eoosevelt— His preliminary reconnoisance— Discovery of coal on the Ohio / Table of Contents. xxiii. — Builds the steamer at Pittsburg — The voyage to Louisville — Bold and perilous passage of the Falls — The Mississippi— Earthquakes— Frightful eff'ects — The boat ou fire — Arrival at Natchez — First shipment of cotton by steam. , CHAPTEE 1. F it be yet a mooted question whether America ma'y not claim an older settlement and civilization than Europe, it is certain that its wars, its alliances and political com plications have often been occasioned and influenced by. events in this hemisphere. For quite a century, Eng land and France were engaged in laying here the foundation of new empires, each aiming at exclusive dominion, and their collisions frequentiy involved all Europe in war. Between these two great powers, each asserting and fighting for their title to this country, stood the natives of the soil — a patient, brave, untutored people — regarding, with amazement, these conflicts for a territory to which neither had a right, but which, with their consent, would be more than enough for both. These three parties, and what grew out of their conflicts and enter prises in the Valley of the Mississippi, will be treated of in these annals. Nor must Spain, the grandest and most heroic of the mediseval powers, the pioneer in maritime enterprise and discovery, be over looked. It was one of her sons — the gallant Ponce de Leon — who first discovered and gave name to Florida. In 15 13 he there unfurled the banner of the King. This was an assertion of sovereignty that even the Indians understood. They drove off the Spaniards, and the brave de Leon afterwards died in Cuba of his wounds.* In 1528 Pamphilo de Narvaez — the same cavalier v/ho, eight years before, had been sent by the Governor-General of Cuba to Vera Cruz to arrest the march of Cortes — obtained from Charles V. a grant of Florida, with orders to subdue and rule it as a Spanish province. He landed in Florida with five hundred soldiers. Every foot of his progress was contested, and on the 12th of April, in a pitched battie at the village of Apalache, he was severely handled and retreated to his ships, being continually harassed on the route. He, and most of his men, perished by shipwreck, near the mouth of the Mississippi, it is conjectured, from the account of the few survivors who coasted along to Mexico. Thus, it appears, that it was not by a band of social outcasts, driven «-The epitaph on his tomb is preserved by the Spanish Historian, Herrera : " Mole sub hac fortis requiescunt ossa Leonis, Qui vicit factis Nomina magna suis." 2 Mississippi, as a Province, from their country for their crimes ; not by obscure adventurers for the lust of gold ; not by a company of self-constituted saints, flying from religious intolerance, to establish laws still more exacting and prescriptive ; but a troop of cavaliers who had shivered lances with the most approved soldiers of Christendom, and had planted the Cross, with their victorious swords, on the bloody altars of Montezuma, and in the temples of the Incas. These were the men who first trod the soil of Mississippi, and dipped their oars in the waters of our imperial river. A race of heroes, bold, arrogant and generous, who believed it their mission to carry the religion of Christ, by conquest, into the territories of the Infidel, If the age of chivalry had passed, the spirit of the Crusaders yet survived, and wherever the Spanish war riors unfurled their banner, they displayed, at the same moment, the symbols of their faith. Side by side, with the noblest of their knights, stood the consecrated priest, patient of suffering, fearless of danger, sublime in his enthusiasm. When they dragged a barbarian prince from his throne they overthrew his idols, and substituted the mass and the sacrament. If carnage and devastation attended their miraculous march, they subdued a dynasty the most despotic, released a people ground to the dust in bondage, and extirpated a worship whose altars perpetually flowed with human blood. They seized upon treasures, but they were the spoils of tyrants, who had coined them from the sweat and labor of the poor. They fired palaces and tore down gor geous fanes, but they never burned the granaries of the peasant or destroyed the palms that supplied food' for the family. This achieve ment of modern warfare, illustrated in the "march to the sea," and the wanton devastation of the Valley of Virginia, was unknown to the Castilian chivalry. Cruel and remorseless they may have been, but they were above all meanness. If they loved gold and scrupled not to seize it, it was not for sordid speculation, monopoly and usury, but because it supplied resources for magnificence, for princely expendi ture, for the endowment of cathedrals, and the equipment of expedi tions for other fields of glory. Of this gallant race of men was Ferdinand DeSoto.* He was the son of a Squire of Badajoz, in Spain. He went to Cuba when Peter Arias was governor, with no endowment but his sword and tar get. His good conduct soon placed him at the head of a troop of horse, and he accompanied Pizarro to the conquest of Peru. In that campaign — in the capture of the Inca, and in the assault on the city of Cusco, and at every post of peril, his valor was pre-eminent. He amassed immense treasure, a part of which, on his return to Spain, he loaned to the Emperor. Attended by a retinue of officers, who had served with him in Peru, he presented himself at court, where his high bred manners, his grave demeanor and lavish expenditure* recom- *The most that we knoiv of DeSoto is from the chronicle written in 1577, by "A Portuguese Gentleman of Elvas," who accompanied him on his expedition and was with him when lie died. This was translated and publislied by Kichard Haklot, London, 1609 ; and from a work written by La Vega, who conversed with surviv ing ofi-icers of the expedition, and had before him the diaries of Alonzo de Car- mona and Jules Coles, followers of DeSoto. Irving, Monette, Pickett, Flint and Meek had no other data for their narratives. They all conflict, more or less, in their tlieory as to his route. Without adopting their views, I base my coniecture ot his line of march on the received opinion of the people who now inhabit the district he is supposed to have traversed. Territory and State. 3 mended him to majesty. After his marriage with Donna Isabella de Bobadilla, daughter of Governor Arias, he was appointed governor of Cuba and Adelantado or President of Florida — a country then only known by the disastrous expeditions of Ponce de Leon and Narvaez. Inflamed by the spirit of adventure, he at once proclaimed his inten tion to invade and evangelize the territories that had been placed under his jurisdiction. Eight hundred veterans, numerous cadets from the noblest famihes in Spain, and a detachment of priests ready for mar tyrdom, repaired to his standard. On the 30th of May, 1539, he landed at Tampa bay with the strongest force and better equipped than any that had appeared in the new world. Remembering their victorious achievements in Mexico and Peru, they anticipated an easy conquest. But everywhere on their route — on the surf-washed sands of Florida, in the cane-brakes of the Tom bigbee, amidst the hills of the Coosa, on the prairies of Chick-a-sa, and in the swamps of the great river, they encountered a race of men as patient, subtle, remorseless and intrepid as themselves. Their march was one protracted conflict, interrupted only bj battles as obstinate and bloody as any recorded in history. No soldiers ranked in those days with the iron-clad cavaliers of Spain. The savages who fought them at Maubila and Chick-a-sa, opposed their naked breasts to the shining armor and terrible lances of veterans, and died as nobly as the men of Thermopylse and Marathon. Then, and ever since, in conflict with trained armies, this heroic race of southern red-men have resisted the invaders of their country with a constancy and courage "above all Greek, above all Roman fame." Numerous historians, in their narratives of DeSoto's expedition, have graphically and with much research followed him on his march, but they all conflict in their view of the localities. ABSTRACT PEOM THE JOUENAL OP THE PORTUGUESE GENTLEMAN. DeSoto left Tampa bay June, 1539. Twenty-six horse and sixty foot the advance guard. Marched westerly, then N. E. to an Indian village. Marched across swamps and rivers to the village of Etooole ; halted eight days. Went west toward the coast and arrived at Aquacaleum ; halted six days. Journeyed seven days, crossed a river, and entered the province of Veachile. Marched to x?Lquile on the frontier of Apalachie ; crossed a river and arrived at a village called Ivalachuco. Traveled 110 leagues to Iniahaco, and then towards the sea to the place (St Marks) where Narvaez built his sloops, which we recognized by the remains of smithery and workshops, horses, bones, etc. Here the brig- aritines arrived with Donna Isabella. DeSoto ordered them to return to Cuba. Marched, north, from the sea, and after five days crossed a rapid river' and entered the province of Acapacheque. Extensive swamps. Marched five days to the province of Otoa ; several large villages. In six days entered the pro vince of Chisi. Three days to province ot Atapaha ; large villages. At the towns of Ocute and Cofaque the chiefs detailed 800 men to carry our baggage. A party of our men dispatched to explore the river up N.N. E., and to descend S. S. E" After ten days set out for Cofitachique, on river St. Helen, 30 leagues from the sea. Eeraained there twelve days and marched for province of Xuala, Land sterile. Ascended river St. Esprit to its source. In five days reached Guanta. The town of Chisca is built on an island in river St. Esprit. Ee- mained there twenty-six days. Moved along the river to province of Estohee, then to province of Coca, one of the best in Florida. Halted six days and then marching W. and S.W., entered province of Italese. From this province marched to province of Tuscaluza, and crossed a river to Mauvila, which is built on a plain, and is defended by walls. Fought a 4 Mississippi, as a Province, great battle. Remained twenty-eight days. Indians said it was forty leagues from the sea. Marched north twelve days. Suffering from cold. Reached the province of Chicasa; passage of river obstinately disputed; severe battle in which we lost 4 men, 57 horses and 300 hogs. (Here if the Indians had not suspended the fight, DeSoto would probably have perished.) Marched for the province of Alabama; entered the village of Quis-Quis, built on the bank of St. Esprit river and tributary to the chief of Pacaha. Halted twenty-eight days to build pirogues, the river being a league wide and twenty fathoms deep. Passed up to Pascaha, reached a village in a plain surrounded by walls and a ditch filled with -^vater. Returned south towards the sea, and south-west tothe province of Qusgata, ou one of the arms of the great river. Halted eight days. Set out for tlie province of Colequa. Crossed swamps, plains and high mountains, and reached the town of Coligoa. Went S. S. \V. to some vil lages, and there found a large river said to empty into Eio Grande. Ascended the river to province of Cayas and to province of Tula, crossing mountains and very cold. Marched, in a southeast direction, to province of Quipana, situated at the foot of high mountains. Thence, crossing the mountains, we went east and descended into a plain and to a village on a river which is said to empty into the Rio Grande. This province is called Vicanque. Very cold, snow. Went into winter quarters. Resumed our journey in March ; passed through several inhabited provinces, and arrived at Anicoyanque. A cacique called Guacheyunque came to see us on the banks of the great river. We set out for his town and found it surrounded by walls and other defences. Here DeSoto died. Moscoso (his successor) set out for Mexico ; we marched westerly twenty- seven days ; reached the province of Chavite, where we made halt ; thence marched three days north to Aguacy. Thence through the provinces Nissone, Naponis, Nandaco and Lacarme. The country becoming more barren, and water more scarce, pushed on through the province of Hais to province of Xacitan, southward and S. S. E., and returned to Guaehe^-unque, aud then went further up the great river to two villages thereon, where we consumed six months in building brigantines. On the second day after we set out we were attacked by savages who continued to pursue us to the sea which we reached in twenty-nine days." On this digest of the narrative the ingenious historians referred to have constructed their programme of the march of DeSoto. They differ materially in their conclusions. Pickett, in his history of Alabama, has an elaborate and intensely interesting account of this extraordinary march, after a careful study of all the authorities, comparing them with the traditions of the Indians. DeSoto landed at Tampa bay. May 30th, 1528. From Tampa to the modern Tallahassee. Thence entered the present State of Georgia, crossed the Okmulgee, Oconee and Ogechee, and halted on the Savannah river opposite what has since been known as Silver Bluff. Marched up that river to a town, in the present county of Haber sham, then due west until he struck the waters of Coosa river ; thence through the present Murray county to Chiaha, (the present Rome) the most important town he had met with. After a halt of thirty days, and a week's march, he entered the town of Coosa, on the river Coosa, in what is now Cherokee county, Alabama. Thence to the capital of the province of Coosa, which embraced the present counties of Cher okee, Benton, Talladega and Coosa, the most populous and opulent district they had yet seen. After a halt of twenty-five days he. march ed on through numerous villages, and arrived at Tallase, on the Talla poosa river, the capital of a very rich district. Here he was waited on by a young warrior, the son of Tuscaloosa, who had been sent by that great chief to invite him to his capital. Passing through the modern counties Montgomery and Lowndes, and the south-western part of Dallas, they arrived at Piache, a strongly fortified town on the Ala- Territory and State. 5 bama. Crossing this river they proceeded through the present Wilcox county, a populous and productive country, and on the iBth October found (1540) themselves before Maubila, the capital of the great Mau- bilian chief Tuscaloosa. It stood on the north bank of the Alabama river at a point since known as Choctaw Bluff, Clarke county, twenty- five miles above the confluence of the Alabama and Tombigbee. The town was not built in the usual style, but was an extensive barrack of sixty or eighty buildings constructed of clay, strongly fortified by a palisade of trunks of trees, deeply planted in the ground, supported by cross timbers, with towers on the wall at intervals of fifty feet. Here occurred the great battle which has been described by many writer/, but more graphically and minutely by Pickett, in the History of Alabama. This great battle, though it ended in the destruction of Maubila and the flight of the Indians, was disastrous to the Spaniards, and the general sentiment was for proceeding to Ochus. the modern Pensacola, with the view of returning to Cuba. Suddenly, on the I Sth November, DeSoto gave orders to march, turning his steps to the north, and denouncing death to any one who hinted at retreat. Passing through the modern counties of Clarke, Marengo and Greene, he struck the Black Warrior near the present town of Erie. Here a severe conflict occurred which lasted several days and nights before the Spaniards could cross the river, and effect a lodgment on the west ern bank. This was their last battle in what is now the State of Alabama. After a march of five days, they reached the little Tombigbee, in the present county of Lowndes, Mississippi. The country between the Warrior and Tombigbee was occupied by the Choctaws, but they were much more numerous west of that river. DeSoto probably entered the present State of Mississippi at Columbus, and followed an Indian trail or buffalo path some five miles up to Lincacum's shoals, just above the mouth of the Tibbee and a little below the present town of Wav- erly. The Tombigbee here is bifurcated by an island, the first obstruction below Butahatchie. The gravel discharged from this Stream lodged against the island and rendered both channels fordable a great part of the year, and this is the only point where the Spaniards could have forded in December. It was the crossing used by the Choctaws when going to their villages and hunting grounds east of the Tombigbee. The trail struck here a stretch of prairie, between Tibbee and Hanging Kettle creeks, and crossed the present Mobile & Ohio Railroad at Lookhattan, thence a little west of the railroad by jNIulden, Prairie Station and Egypt. The early settlers of this portion of Missis-sippi remember the well worn, beaten trail, long disused but distinctly defined, and can to this day trace it from plantation to plantation. On leaving Egypt the trail tended northwest up the ridge known as Featherstone's ridge, through a series of glades three or four miles west . of Okolona, and up the second bottom on the east side of Suckar- tonchee creek. There it struck Pontotoc ridge, four milSseasfof the ancient Chickasa Council House. Near this point stood the first Chickasa town, and in this vicinity the Spaniards went into winter quarters. At that period a portion of the Chickasas still resided in the mountain 6 Mississippi, as a Province, region of East Tennessee, but a large body of them had taken posses sion of the territory where DeSoto found them, and their principal set tiement or town, or series of villages, was on the ridge from the ancient Council House (near Redland) north fifteen miles (near Pontotoc) and northwest, on the "mean prairie" eight or ten miles, within a fewmiles of Tallahatchie river. On the southern bluff was the Alabama fort or town, the stronghold of the tribe of that name, in alliance with the Chickasas.* Four miles east of the ancient Council House, on the Pontotoc ridge, near the source of Suckartonchee creek, are the vestiges of a fortified camp, evidently once strongly entrenched, after the European style of that day, with bastions and towers. Leaden balls aAd frag ments of metal have been often found in these ruins. The enclosure was square, and the whole area, as evidenced by the remains, would have afforded shelter to the Spaniards and their live stock. The ancient chronicles describe the Chickasa town near which De Soto halted, as containing two hundred houses, shaded by oak and walnut trees and with rivulets on each side. These requisitions are filled in the locality referred to. Beautiful groves of oak and hickory (which the Spaniards called walnut) abound, and living streams run ning west to the Vazoo and east to the Tombigbee. For a winter encampment, to recruit their exhausted energies after severe battles and a tedious march, no place more appropriate could have been selected. Water at hand, abundant mast for their hogs, cane for their horses, game in abundance, and the Chickasa towns near by well stored with corn, beans, pumpkins, nuts and dried meats. The Chief of the Chickasas resided about two miles southeast of the present town of Pontotoc, on the head-waters of Coonawa, now- called Pontotoc creek. Here was then, and for many years after wards, a large town.f The Pontotoc Chief often visited DeSoto, and, on one occasion, asked his co-operation in subduing a rebellious neighbor — no doubt the leader of a Tennessee band who had located, with his followers, as described in the note, in what are still called the Chickasa Old Fields. The Spaniards gave him the desired aid, and his village was burned. The chronicles relate that DeSoto was in the habit of regaling his visitors on fresh pork — a flesh they had never before tasted. They soon commenced stealing his hogs, no doubt by order of the Chief, and whenever the thieves were caught the Spaniards chopped off their hands and let them go; a punishment the Chickasas deeply resented. 1541. The winter was unusually severe, and it was not until March that DeSoto thought of leaving his comfortable quarters. He then demanded two hundred men to carry his baggage. This ended the ¦•^'Information derived from J. N, Walton, Esq., a much respected citizen of Aberdeen, Miss,, who in early life was secretary of Levi Colbert, head chief of the Chickasas, familiar with their language and with all their traditions, fThis was an old town, and one of the brothers Colbert resided there afterwards with a stock of goods. This town must not be confounded with the Chickasa Old Fields, some ten or twelve miles ea.st, settled bv the Chickasas when they finally left East Tennessee, BienviUe found a large town there, which he attacked. It was some five miles northwest of Tupelo, on the Mobile and Ohio K, R., and on the old Natchez trace, which crossed the railroad about one mile south of Saltillo station aud north of Tupelo. Territory and State. 7 truce. One dark, tempestuous night, his camp was suddenly attacked. The Chickasas rushed upon it, in four detachments, on each side of the square, with j'ells and clamor that rose above the fury of the ele ments. With burning arrows they set on fire the thatched huts within the walls, and the roofs of the stables where the horses were sheltered. It was a complete surprise. DeSoto was the first to mount. He charged, attended by a solitary soldier, but they were soon followed by the rest, and it was difficult to distinguish the roar of the tempest from the clamor of the battle, a lurid light streaming from the burning camp over the wounded and the dead. At length the Indians with drew, pursued by the Spaniards as far as they could see how to "slay them by the blaze of their burning fortress. Day dawned upon their disasters. Forty cavaliers and troopers lay dead. Fifty horses had been burned or killed. The swine had mostly perished in the flames. The remnant of their baggage, saved at Maubilla, and most of their clothing, was here lost.* The exact position of this entrenched camp is still indicated by the vestiges that remain. Some persons contend that DeSoto left this stronghold, advanced to Chickasilla, one mile northwest from where Pontotoc now stands, and commenced the attack on the Chickasa towns. This would reverse the detailed accounts of the writers that accompanied him, who must be accepted as the best authority where their statements can be reconciled with probabilities. It is not prob able that DeSoto would have sought a battle with the warlike Chicka sas, in the heart of their territory, where they could concentrate their entire strength against him. He had no intention to continue in their country ; was, in fact, preparing to leave it ; they had nothing to tempt his ambition or cupidity; and he had no motive for seeking a battle, which, whether victorious or defeated, must materially cripple him. His terrible fight at Maubila, and on the Black Warrior, where the Indians attacked him three times in his intrenchments, was sufficient proof of their prowess, and beyond a doubt he was preparing to get peaceably out of their country, when they assaulted his camp. History records no bolder enterprise. A fortified camp, defended by the best soldiers of Europe, armed with what the Indians called "thunder and lightning," attacked by naked savages, with bows and war clubs! All honor to this noble race of warriors — these native Mississippians — who, subsequentiy, in defense of their homes and firesides, defeated "For these interesting details, specifying the localities and tracing the Spanish march, I am indebted to my correspondence with W. B. Wilkes, Esq., of Aber deen, Miss., whose tastes incline him to archseological studies, and fortunately has the means to pursue them. He has contributed many valuable papers on this subject to the Aberdeen Examiner, all which he generously placed at my disposal, and which I would gladly introduce into this work if my limits permitted. From one of his letters to me I extract the following : Historiansaredecidedly wrong when they report DeSoto as spending the winter on the Yazoo. The Chickasas never claimed as far south as the confluence of tlie Yal obusha and Tallahatchie. The line between the Chickasas and Choctaws left the Tom- ligbee at the mouth of Tibbe, up that stream and Trim-Cane and Line Creek, then due west to the Mississippi river, passing near Grenada. Before the introduction ot firearms among them, their only town, or towns, was on the present route of the Mobile & Ohio Eailroad, commencing five or six miles north of Tupelo and extending to Red Land, on Pontotoc Ridge, and was called Long Town. There was a path from Long Town to Natchez, long known as the " Old Natchez Trace." After their war with the French, the Chickasas ceased to trade at Natchez, and extended the trail to Nashville, crossing the Tennessee river at Colbert's ferry. Mississippi, as a Province, and disgraced three French armies, sent to subdue them. And may this ever be the fate of the invader of the territory of a free people !¦ Thus far the route of DeSoto has been traced, in conformity with the prevailing opinions in the district traversed. The geographical features accord with the narratives of the writers who were with him. The jury of the vicinage, the early settiers, those that resided among the Chickasaws since 1775, particularly the Colberts, who were so long the rulers of the tribe, substantially agree as to the route from the ford at which he crossed the Tombigbee, until he went into winter quarters near the present Pontotoc. And this judgment tallies with the account of his own chroniclers. Some writers insist that the Span iards wintered on the Yazoo; others say in Tallahatchie county. The Chickasa district never, at any time, extended to the Yazoo river, and as far as tradition runs, they never had a town or village in that quarter. Nor is the " open, champagne country" he traversed, to be found there. After the concentration of the tribe by the last migra tion from Tennessee, the bulk of the people resided in their towns in what have been long known as the " Chickasas' Old Fields," in Lee county. There Bienville attacked, and was defeated by them, in 1736. The town, or chain of villages, extended from the Old Fields, along the old Natchez trace, some fifteen miles, to what is now known as Red Lands. The English traders called this Long- town. The Indian name was Chick-wah-fallaha. After the destruc tion of their camp the Spaniards moved three miles to the village of Chickasilla, where they were annoyed by desultory attacks. 1541. April 25, "^DeSoto resumed his march in a northwesterly direc tion, through a populous country, and, after traveling some twelve miles, halted in a plain near the town of Alibamo. Pickett, following LeClerc Milfort, who wrote a book on Indian history in 1802, places this town on the Yazoo or Tallahatchie river. It was strongly fortified after the Indian manner. When the advance guard approached the town, the savages presented themselves in force, in their war paint. DeSoto appeared at this moment, and the Indians came rushing through. their three gates to the attack. They were driven back and after an obstinate resistance, effected their escape by scaling the walls in the rear. This fort was a quadrangle, 400 paces long on either side, constructed of pickets. It wis divided into a number of compart ments, to enable the besieged to retreat, when hard pressed, from one to the other. It was the strongest fortification encountered since they left Maubila. The site of this town or fortress, is a matter of dispute. The Rev. Dr. Patton, in his learned and eloquent Centennial discourse, places it in Lee county, near Tupelo. It was DeSoto's last battie on the soil of Mississippi, Still shaping his course to the northwest, he struck the great river at the lower Chickasa bluff, just below old Fort Pick ering, in May, 1541, Any route from the Chickasa Old Fields south of the one assumed, would have carried him into the impenetrable swamps of the Yalobusha and Tallaliatchie and their tributaries, where there were no paths and no footing for men or horses, _ From the Mississippi river we follow him no farther. A hundred historians have recorded his melancholy story, and eulogized his valor and military talents. That he was personally brave to audacity, per severing even to obstinacy, and a stern disciplinarian, is unquestionable. But the record shows no extraordinary military abilities. He had ther Territory and State. 9 experience of Indian warfare in his Peruvian campaigns, and yet he allowed himself to be deceived by the Maubilians, and was surprised, and near being destroyed in his intrenchments, by the Chickasas. In their conflicts with our Indians, the Spaniards had the advantage of discipline, skilled and veteran officers, defensive armor, cavalry, swords and firearms. The Indians were naked, with bows and clubs for weapons, fighting, not compacfly under trained leaders, but as individuals, without concert, or knowing when to charge or when to retreat. At first they regarded the Spaniards as demi-gods or centaurs, armed with thunder and lightning. But when they discovered that they were subject to infirmities like themselves; that they were more susceptible to suffering from exposure or wounds; that they were mean, lustful and sordid, they recovered their manhood and deter mined to fight them. In three pitched batties, though thousands of Indians were slaughtered, the Spaniards were virtually defeated. And at last, the wretched remnant, under Moscoso, were only saved from extermination by the rapid current of the Mississippi river. The natives, from Florida to the Mississippi, were divided into separate and hostile tribes, too jealous to combine against the invader. Had any two of them united before he crossed the Alabama, or had the Choctaws reinforced the Chickasaws, the Spaniards would have perished. The whole march of DeSoto exhibits an eccentricity, a want of design, a dilatoriness, not characteristic of military ability. If he was searching around for an El Dorado, or for de Leon's fountain of life, his wanderings may be understood. But even with these objects, a wise leader would have cantoned his army in some well-provided and healthy position, and dispatched scouts and experts for information. No military man, in ancient or modern times, no explorer, ever con ducted his followers through an unknown country, in the circuitous style adopted by DeSoto, and few marches, over such a vast distance, and occupying so much time, have been so barren of results. Had he been a Roman general and lived to return, it is quite certain the Republic would have decreed him no triumph ! Tlie fame he acquired in Peru, he lost in Alabama and Mississippi, and neither as general or explorer, has he a title to be classed among the great. His accidental discovery of the Great River, and his sub sequent death upon its shore, and burial in its waters, have associated him with it forever, and it is this, and not his talents as a soldier, that makes his name historic. 1542. After wandering about, in what is now Arkansas, without any results, DeSoto returned to the Mississippi at the place, it is probable, where Helena now stands. Here he determined to build a flotilla to transport his troops to the mouth of the river, with the hope of reaching Cuba. Learning that on the east side of the river there was a rich and cultivated country, he dispatched a detachment to procure supplies. They were driven back. Ascertaining that this people worshipped the sun — no doubt a branch of the Natchez family of Indians — DeSoto sent a message to the Chief, that he and his men were children of the sun. The haughty savage thus replied : " That whereas he said he was the Child of the Sunne, if he woidd drie vp ihe River he would beleeue him : and touching the rati, that hee was wont to visit none; but rather that all those of whom he had notice did visit him, serued, obeyed and paid him tributes 10 Mississippi, as a Province, willingly or perforce: therefore if he desired to see him, itioere best he should come thither : that if he came in peace, he would receiue him with speciall good will ; and if m warre, in like manner hee woidd attend him in the tovme where he was, and tliat for him or any other hee would not shrink one foote backe." This review of DeSoto may be appropriately closed by an account of his death, June sth, written by one of his followers, the " Portu guese Gentieman of Elvas," translated and printed by Richard Hac- luyt, London, 1609: Chap. 30. Of the death of the Adelantado Fernando de Soto : and how Luys Moscoso de Aluarado was elected Gouernour in his stead. The Gouernour felt in himselfe that the houre approached, wherein hee was to leans this present life, and called for the King's officers, Captaines and principall persons, to whom he made a speech, saying : That now he was to goe to glue an account before the presence of God of all his life past : and since it pleased him to take him in such a time, and that the time was come, that he knew his death, that hee his most unworthie ser- uant did yeeld him many thankes therefore, and desired all that were present and absent, (whom he confessed himselfe to be much beholding vnto for their singular virtues, lone and loyaltie, which himselfe had well tried in the trauels, which they had sufiered, which alwaies in his mind he did hope to satisfie and reward, when it should please God to glue him rest, with more prosperitie of his estate,) that they would pray to God for him, that for his mercie he would forgiue him his sinnes, and receiue his soule into eternall glorie : and that they would quit and free him of the charge which hee had ouer them, and ought vnto them all, and that they would pardon him for some wrongs which they might haue receiued of him: And to auoid some diuision, which vpon his death might fail out vpon the choice of his successour, he requested them to elect a principall person, and able to gouerne, of whom all should like well; andjwhen hewas elected, they should sweare before him to obey him: and that he would thanke them very much in so doing ; because the griefe that he had, would somewhat be asswaged, and the paine that he felt, because he left them in so great confusion, to wit, in leaning them in a strange Countrie, where they knew not where they were. Baltasar de Gallegos answered in the name of all the rest: And first of all comforting him, he set before his eies how short the life of this world was, and with how many troubles and miseries it is accompanied, and how God shewed him a singular fauor which soonest left it : telling him many other things fit for such a time. And for the last point, that since it pleased God to take him to himselfe, although his death did iustly grieue them much, yet as wel he, as al the rest, ought of necessitie to conform themselues to the will of God. And touching the Gouernour which he commanded they should elect, he besought him, that it would please his Lordship to name him which he thought fit, and him they would obey. And presently he named I/injs de Moscoso de Aluarado hia Captaine generall. And presently he was sworne by all that were present and elected for Gouernour. The next day, being the 21. of May, 15i2. de parted out of this life, the valorous,virtuous, and valiant Captaine,i)o«FeTOa)idode Soto, Gouernor of Cuba, and Adelantado of Florida : whom fortune aduanced, as it vseth to doe others, that hee might haue the higher fai. He departed in such a place, aud at such a time, as in his sicknesse he had but little comfort: and the danger wherein all his people were of perishing in that Countrie, which appeared before their eies, was cause sufiicient, why every one of them had need of comfort, and why they did not visit nor accompanie him as they ought to haue done. Luys de 3Ioscoso determined to conceale his death from the Indians, because Ferdinando de Solo had made them beleeue. That the Christians wereimmortall ; and also because they took him to be bardie, wise and v.aliant : and ifthey should know that he was dead, they would be bold to set vpon the Christians, though they lieued peaceablie by them. Iu regard of their disposi tion, and because they were nothing constant, and beleeued all that was tolde them, the Adelantado made them beleeue, that he knew some things that passed in secret among themselues, without their knowledge, how, or in what manner he came by them : and that the figure which appeared in a glasse, which he shewed them, did tell him whatsoeuer they practised and went about ¦ Territory and State. ii and therefore neither in word nor deed durst they attempt anything that might be preiudiciall vnto him. As soone as he was dead, Luis de Jfo.at flows from the hills, which M. de Bienville named Belle Fontaine.'-' We hunted several days around this bay and filled our boats with venison, buffalo and other game." Father Davion and Martigny arrived at Biloxi in a pirogue. Father 'Davion had originally settled at Natchez for a year, but making'no converts he went to the Tunicas, and erected a cross on the highest bluffs, where he said mass every morning. It was called Roche a Davion until 1764, when it became known as Loftus Heights, and afterwards and ever since as Fort Adams, f To this remote chff, con ciliating the various tribes as he traveled, the devoted priest had come bearing upon his shoulders the sacred symbols, with no hope of earthly reward, sustained only by the sublime faith that triumphs even over the terrors of death. J Father Martigny had come from the posts on the Illinois to inquire for him, and to take his place if he had perished ; and hearing from the Indians of the colony at Biloxi, they journeyed thither — down the Mississippi — down the Manchac — along lakes Maurepas and Pontchartrain— through the Rigolets and along the Mississippi Sound, under the burning sun and profuse dews of July — camping on the desert shores at night amidst myriads of mos quitoes — with no refreshment but a calibash of tepid water and a littlfe dried meat or parched corn ! Ten days only they allowed themselves to commune with their countrymen, and then these devoted men set out, as they came, the one to resume his labors among the Tunicas, the other to establish a mission on the Yazoo, or river of death. *The present beautiful residence of W. A. Whitfield, Esq., known as the ¦"Shelly Nurseries." fFort Adams was constructed by Maj. Isaac Guion, who had been sent by Gen Wilkinson, with a detachment of American troops, to occupy Natchez prior to its evacuation by the Spaniards. About the same time the Americans occupied Nogales, (Walnut Hills, near Vicksburg,) and the Bluffs of Margot, ("VVolf,) near Memphis ; the ofiicers at Margot were Capt. Pierce, Capt. Lewis, Lieut. Steele, Ensign Fero. At Nogales, Major Kersey, Capt. Eichard, Capt. Wade, Lieut. Marschalk, Lieut. Davidson. At Natchez, Capt. Guion, Capt. Heth, Capt. Dern ier, Lieut. Pope, Lieut. Bower, Lieut. Gregg, Ensign Clary, Ensign Scott, Surgeon Pfeifer, Qr.-Master Evans, Commissary Quin. Col. John F. Hamtramck, 1st regiment U. S. infantry, soon after arrived, con centrated the troops at Fort Adams and assumed command. tin 1701, Father Francois Joliet de Montigny had visited the Natchez and Tunicas, but making no converts, returned to Quebec. OHAPTEE IV ^3X|^^^ BOUT this time Bienville, on a reconnaissance in one !^i^m)S'S of the bends of the Mississippi, fell in with an Enghsh ship. Captain Barr, who had been sent to explore the river and make a settiement. The Frenchman very coolly informed the Englishman that the Mississippi lay much further to the west, that this stream was a dependence of Canada, and that it had been for some time occupied by the forces of the King of France, Capt. Barr thanked him for the information so politely given, and sailed westward in search of the great river ! To this day the bend is known as " the English Turn." 1699, December 7th, M. d'Iberville and M. de Surgere, with two frigates, arrived for the second time at Biloxi, bringing supplies and reinforcements, including sixty Canadians, who, nothwithstanding the cold climate in which they had been bred, seem to have been alvvays relied on here, for all service demanding exposure and privation.* ^ The moment Iberville was informed of the visit of the English ship, he dispatched Bienville to ascertain from the Indians the point most exempt from inundation. He was conducted to a ridge some eighteen leagues above the Passes, and there they built a fort. 1700. On the i6th February, while engaged in its construction, the French were surprised and cheered by the arrival of the veteran de Tonti, from his distant post on the lUinois. He had been here with the illustrious La Salle. He had returned here in search of him. And now, hearing a rumor of a French settiement, he had made his third voyage. No character in the romantic history of French exploration in North America, is so uniformly perfect and admirable as Henri de Tonti. His coolness and constancy, discretion, courage, fertility of resource and devotion to duty, never failed. His influence over the fierce tribes of the northwest, which he maintained in his remote and isolated post, even when the government at Quebec had lost its control over them, exhibits an extraordinary faculty for command, aided by great moral and personal qualities. In early life he had lost one of his hands in battie. On one occasion, when some savages were about to kill him, he expressed his surprise that they should slay one who car- •*-Thia is a practical refutation of the notion that white labor is not available in the South, Territory aniJ State. 23 ried their images in his heart. Throwing open his bosom, where a small mirror was concealed, they beheld their own faces and were subdued. The one-handed chief was ever afterwards obeyed not only as a great warrior, but as a great " Medicine-man," or magician, whom it was dangerous to offend. This distinguished officer was induced to remain on our coast, and was constantly employed on important ser vice until his death at Biloxi, in September, 1704. 1700. Iberville, Bienville and Tonti ascended the river to the Natchez villages, where they arrived February nth. They were charmed with the country. It was determined to post a garrison there, and lay out a town which should be called "La Ville de Rosalie aux Natchez." They found here Father St. Cosme, recently arrived from Canada.* The great chief or. "Sun," with a train of six hundred followers, received the visitors. They had been, according to their own account, a numerous and powerful people, holding in subjection many other tribes. Father Le Petit, Superior of the Jesuits, who was a long time stationed in New Orleans, says : "They inhabited a beautiful country, and were the only tribe that seemed to have an established worship. Tney had a temple filled with idols, rudely carved. This temple resembled an earthen oven, or the back of a tortoise, and was one hundredfeet in circumference. They entered it by one small door and there was no window. Above, on the outside of the roof, were three wooden eagles, painted red, yellow and white. In front of the door was a shed where the guardian of the temple kept watch. All around was a circle of pointed pickets, capped with the skulls of their enemies who had fallen in battle. The interior was lined with shelves on which were baskets holding the bones of their most renowned chiefs, while beneath these were piled the bones of their favorite followers, who had been strangled, to attend their masters in the spirit world. In the temple they kept a small, but perpetual fire, made of bark, pro vided by the patriarchs of the tribe. No woman, except the mother and sis ters of the Great Sun, was allowed to enter the sacred edifice. The common people dared only approach the threshhold. The sun was their deity ; their great chief was called by the same name, and he, in turn, called the sun his brother. Every morning at dawn, attended by his retinue, the chief ascended a mound to converse with his celestial brother. As soon as the sun appeared in the heavens, the chief saluted with a long howl, and then waved his hand from east to west, and directed what course he should traverse ! " Chateaubriand, in his charming romances, and some of the early French writers, who often drew upon their fancy for their facts, have thrown an interest around the Natchez, as a semi-civilized and noble race, that has passed into history. We find no traces of civilization in their architecture, or in their social life and customs. Their religion was brutal and bloody, indicating an Aztec origin. They were per fidious and cruel, and if they were at all superior to the neighboring tribes it was probably due to the district they occupied — the most beau tiful, healthy and productive in the valley of the Mississippi — and the influence of its attractions in substituting permanent for temporary occupation. The residence of the grand chief was merely a spacious cabin, of *Killed by the Chittimaches, three years afterwards, on his way to the fort on the Mississippi. Three Frenchmen were murdered at the same time. One of these Indians was subsequentiy captured and carried to Bienville at Mobile. He was tied on a wooden horse and beaten to death with clubs. The Chittimaches lived on the Lafourche and the murder took place where Donaldsonville now stands. 24 Mississippi; as a Province, one apartment, with a mat of basket work for his bed and a log for his pillow. In the middle of the room was a square stone. Those of his courtiers who entered to pay their compliments, made the circuit of this stone three times before they dared to look towards the royal couch. Then they saluted by howling three times. The chief responded with a grunt, and the degree of his favor was measured by the emphasis of his response. The gratified courtier acknowledged the royal courtesy by another prolonged howl. Whenever the chief condescended to ask a question, the etiquette was to howl before an swering. When retiring the visitor howled at every step, until he crossed the royal threshhold. From this "hnked sweetness long drawn out," Campbell, many years afterwards, probably derived his musical hne, "the wolf's long howl on Oonalaska's shore." He who howled longest and loudest stood highest in the favor of the great chief of the Natchez ! * "When this personage dies," says Father Petit, ' 'they demolish his house and throw up a mound, and on that they build a dwelling for the new brother of the sun." Their notion of a future life — one of the best tests of civilization — was as low as the rest of the barbarian tribes. They believed that the good would enjoy a perpetual feast of green corn, venison and melons, and the bad be condemned to a diet of aligators and spoiled fish. What their notion was as to the distinction between the bad and the good, does not appear. ¦ Their government was an absolute despotism. The supreme chief was master of their labor, their property, and their lives. He never labored, and when he needed provisions he issued invitations for a feast, and all the principal inhabitants were required to attend, and to bring supplies sufiicient for the entertainment and for the support of the royal family, until he chose to proclaim another festival. He selected his servants from the highest circles, and when he came to die, they felt it an honor to be strangled by their nearest relatives, to howl for him in the other world. When an heir presumptive was born, each family that had a new born infant appeared in the royal presence, and a certain number vsere select ed to be his attendants. When this heir died, Avhether in infancy or in manhood, the persons thus selected were strangled. The same cere mony was observed in the families of the brothers and sisters of the chief The government was hereditary, with, however, this remarka ble peculiarity. It was not the son of the supreme chief who got the succession, but the son of his eldest sister, or, in default of a sister, *This singular conrt etiquette was not more absurd than that which prevailed in France and Spam at the same period. In the former the honors of the Fauteuil, or elbow chair, at the king's receptions, was the ]irime object of ambition among ministers and marshals. And in Spain the privilege of the Chapeau The dis tinctive privilege of a grandee of the first class was the right to put on his hat, in the King s presence, Je/ore he spoke. The second class could not put ou their hats untd the King addressed them. The third class of grandees remained bare headed until the Ivmg had spoken and lliey had ansu'ered him. This old etiquette IS still traceable in Spam, in the civility shown to tlie hat in all circles of society. A -visitor IS not permitted to hold his hat in his liand even for a moment, nor to put it down. It IS the privilege aud the duty of the best to recieve it reverently, and deposit it in a conspicuous place. On rising to go the same etiquette prevails. The host takes It up daintily and with a profound obeisance presents it to his guest. ' Territory and State. 25 the son of the nearest female relative of the blood royal. This custom implies a rooted want of confidence in the virtue of the royal ladies. The most rational custom among them — one peculiar to the Natchez — was one prohibiting a princess from inter-marrying with a member of the blood royal. No mingling of kindred blood, no husband brought up in indolence and effeminacy, but one chosen from the ranks of the people for his vigor and courage. The princesses were thus restticted in their choice from motives of state, but they had the right to dismiss him and choose another as often as they pleased. If the husband, poor fellow, had indulged a f enchant for one fairer and fonder, the noble dame very coolly ordered his head cut off" ! She herself, how ever — and in this the Natchez, perhaps, exhibited the nearest approach to civilization — was not subject to the same retribution. She inight have as many lovers as she fancied, and the husband had no right to complain. In the presence of- his wife, and even of her lovers, he was required to exhibit the most profound respect and satisfaction ; never dared appear at her table, and howled with all his might when ever he met her ! Penicault, whom we have already quoted, was at Natchez, in 1703, when the Great Female Sun died: "She was really the Great Sun, in her own right. Her husband, who was not of the blood royal, was strangled by their eldest son, so that in death, as in life, he might be her submissive attendant, and howl to her ghost ! On the outside of her house they placed all her eflects on a scaflbld, and on these they deposited the two corpses. They likewise put there the bodies of twelve chil dren whom they had just strangled. These children had been brought by their parents, by order of the eldest sou of the deceased, who had the right, as her successor, to put to death as many as he thought necessary to wait on her in the land of spirits. Fourteen other scaffolds were erected decorated with vines and rude paintings. These were intended for the bodies of the victims, whose nearest relatives, dressed in festive robes, surrounded them, with looks and ges tures expressive of satisfaction. They then in procession marched to the great square in front of the temple and began to dance. Four days thereafter they again formed in procession and began what is called the "March of Death," from the square to the house of the deceased. The fathers and mothers of the strangled children held the bodies in their arms. The oldest of these did not appear to be over three years. The relatives of these infants, with their hair closely shaven, began to howl in the most frightful manner. But the adults, who were about to die, danced around the house of the dead princess, until finally it was set on fire by her eldest son and successor. All then marched to the great temple. The parents who carried their strangled infants, then threw them on the ground and began to dance. When the body of the deceased prin cess was deposited in the temple, the intended victims were undressed and seated on the ground. A cord with a noose was passed around each of their necks, and deer skins thrown over their heads. The relatives who were the execution ers, then stood to the right and left of each victim, and at a given signal all were strangled. The bodies were placed on scaffolds, and the bones when dry were deposited in baskets in the temple, and this constituted a sort of patent of nobility. It was a privilege and an honor to die with the Sun." The Natchez consisted exclusively of two classes — the Blood Royal and its connexions, and the common people, the Mich-i-mioki-quipe or Stinkards. The two classes understood each other, but spoke a dif ferent dialect* *In 1771 Bartram, the naturalist, describing the several towns that composed the Creek or Muscogee confederacy, notes that they spoke diii'erent dialects. Two of these towns on the Talladega waters had been founded by fugitives from the Natchez — (Abecouche audNatche) when they fled from the Chickasaw country on the second invasion of BienviUe. Bartram refers to several of these confederated tribes as speaking the "Stinkard tongue." 26 Mississippi, as a Province. Their customs of war, their treatment of prisoners, their ceremonies of marriage, their feasts and fasts, their sorceries and witchcraft, differed very littie from other savages. Father Charlevoix, who visited Natchez in 1721, saw no evidences of civilization. Their villages consisted of a few cabins, or rather ovens, without windows and roofed with mat ting. The house of the Sun was larger, plastered with mud, and a narrow bench for a seat and bed. No other furniture in the mansion of this grand dignitary, who has been described by imaginative writers as the peer of Montezuma ! The people were all off at a feast, and the door of the palace was open. There was no fear of thieves, since there was nothing to steal. No chimneys and no windows to any of the dwellings. Even the temple itself was without a guardian. He had thrown aside his bark, and put three substantial logs, end to end, and gone off, doubtiess, to the feast. The 'boasted temple' was a rude structure ; the eagles looking like rough weather-cocks — no ornaments, only a few baskets of bones. In one corner was a rickety board table which romance writers have called an altar. A dirtier place the rever end father had never seen. In their outward appearance, dress and manner, there was nothing, says this shrewd observer, to distinguish them from other barbarians. 1700. February 13th, Iberville and his party left Natchez for the villages of the Tsensas, near lake St. Joseph, in the present parish of Tensas, Louisiana, an offshoot of the Natchez, with the same customs and faith. They had been visited by La Salle and Tonti twenty-eight years before. During this second visit, as though foreshadowing the doom the pale-faces were to bring upon the red-men, their temple was struck by lightning and consumed. To appease the Sun God the women threw their infants into the flames. Perricaul, who was of the party, thus describes this horrible incident : "We left the Natchez and coasted along to the right, where the river is bor dered with high gravelly banks for a distance of twelve leagues ; at the extrem ity of these bluffs is a place we called Petit Gulf, on account of the whirlpool formed by the river for the distance of a quarter of a league. Eight leagues higher up we came to Grand Gulf, which we passed a short distance above on the right hand side. We landed to visit a village four leagues in the interior. These Indians are called the Tensas. (They were a portion of the Natchez nation, were never converted by the Catholic Fathers, but scrupulously observed all the religious ceremonies of the Natchez). We were well received, but I never saw a more sad, frightful and revolting spectacle than that which hap pened the second day, 16th April, after our arrival in the village. A sudden storm burst upon us. The lightning struck the temple, burned all their idols and reduced the whole to ashes. Quickly the Indians assembled around, mak ing horrible cries, tearing out their hair, elevating their hands to heaven, their tawny visages turned towards the burning temple, invoking their Great Spirit, with the howling of devils possessed, to come down and extinguish the flames. They took up mud, with which they besmeared their bodies and faces. The fathers and mothers then brought their children, and after having slrangled them threw them into ihe flame.'!. M. d'Iberville was horrified at seeing such a cruel spectacle, and gave orders to stop it, by forcibly taking from them the little innocents ; but with all our efforts seventeen perished in this manner, and had we not restrained them, the number would have been over two hundred." 1701. Soon after the party returned to Biloxi. Bienville was sent to command the fort on the Mississippi. Sauvolle was left as governor of the colony. Iberville himself sailed for France. OHAPTEE T. |UCH distress in the colony, owing to the failure of supplies expected from St. Domingo. The French had not learned to look to the soil for subsistence. D'Iber ville had been specially instructed, on his second voy- [age, "to breed the jBiiffa/o at Biloxi;* to seek for pearis; to examine the wild mulberry with the view to silk ; the timber for ship-building, and to seek for mines ;" but not a word said about planting grain. The colonists were almost famished and much sickness pre vailed. The accomplished Sauvolle died August 22d, and his dust now lies among the ruins of old Fort Maurepas, on the eastern extremity of the Bay of Biloxi. His brother Bienville took com mand. f In December news came that two ships, commanded by his brothers Serigny and Chauteaugue, had anchored off" Dauphine Island, and brought orders to Bienville to evacuate Fort Maurepas, at Biloxi, and , remove to Mobile river. Leaving M. de Boisbriant in command, he * In the 9th Annual Report of the U. S. Geological and Geographical Survey, published in 1877, there is appended an elaborate and interesting memoir on the American Bison, or Buffalo, by Prof. J. A. Allen, in which it is assumed, not from actual testimony but from the absence of testimony, that this species never inhab ited the lower or seaboard portions of the Southern Gulf States, the principal reason assigned being, that the animal did not incline to a densely wooded or swampy country. Tlie existence of vast meadows, salt marshes and prairies, ex tending from Florida to Texas, covered, the year round, with succulent grasses, and abounding' with saline and brackish water, would seem to be the true pasture of the buflalo. Besides, a large area of the entire pine district in this quarter was very thinly timbered, abounding in grass and shrubs. Capt. Eoman, a British oflicer who explored Florida in 1776, says that at the head of the Manitee river he saw the foot-prints of buffalo. Perricaul, an officer who came with Bienville to Biloxi in 1701, says, in his journal, that he camped with a party several days on the east shore of Bay St. Louis, near a beautiful stream flow ing from the hiUs, which Bienville named Bellefontaine, and tliat they laid in a large supply of bufl'alo meat and venison. CThe instructions to D'Iberville, quoted in the text, would seem to be conclusive. If he was to " breed the buftalo," it is apparent he must procure the stock in the district he occupied at Biloxi. He could not transport them from Missouri. t Sauvolle and others most probably died of yellow fever. The colonists kept up a frequent intercourse with St. Domingo, then a colony of France. Every ship for Biloxi touched at St. Domingo, and brought its fevers to the healthiest coast in the world. At a later period, a direct intercourse was opened with Africa, equally pernicious. Ignorant of the nature and treatment of these fevers, but for the extreme salubrity of the sea-coast, the whole colony would have per ished. 2 8 Mississippi, as a Province, proceeded to Mobile. His brothers were constructing a magazine on the island for the stores from France, and he laid the foundations of the new Fort, St. Louis de la Mobile, at the mouth of Dog river. This continued to be the official centre of the colony for nine years, when, owing to inundation, the fort was removed to the present site of the city of Mobile. 1702. Fathers Davion and Limoge, missionaries, brought word that M. Foucalt, a priest and three Frenchmen, had been murdered near the mouth of the Yazoo. 1703. The Enghsh traders, from Carolina, were busy fomenting jeal ousies among the Alabama and Muscogee Indians against the French. The Alabamas induced Bienville to send a boat expedition after corn. The men Avere all massacred, save one, who was badly wounded, but escaped. He then engaged a party of Choctaws to make war on the Alabamas, thus introducing a practice which has been fatal to the red race. 1704. Great scarcity of provisions in the colony and much sickness. An arrival from France brought rehef, and on the 22d July the frigate Pelican arrived, bringing a detachment of soldiers, and a large cargo of supplies. Father la Vente, who proved to be an intriguer and mischief-maker, came out as Vicar-General of the colony, and with him four priests, four Sisters of Charity, and twenty-three young girls certified by the French minister, in a dispatch to Bienville, to be of irreproachable character. They were specially under the charge of Sister Jeanne Morbe, and were all married soon after their arrival. As their descendants are yet on the seaboard of Alabama and Mis sissippi, their names are here recorded : Francoise de Boisrenard, Jeanne Catherine Bereuchard, Elizabeth le Penteau, Marianne Decoudreaux, Marie Noel, du Mesnil, Gabrielle Sanart, Marie Therese Brochou, Angelique Fayard, Marguerite Fayard, Marguerite Tavenier, Elizabeth Deshays, Marie Philippe, Louise Housseau, Madeline Duane, Marie Dufesne, Marguerite Geuchard, Eeine Gilbert, Francoise La Fontaine, Gabrielle Binet. 1705. The first white child born in the colony, says Mr. Gayarre, in his Colonial History, was named Claude Jousset, the son of a Canadian trader in Mobile. On the same ship came the Sieur Etienne Buree and family, five families of laborers and the first sage-femme, Madame Catherine de Mouthon. About this time the Chickasaws seized several ChoctaAv families and sold them to the English traders, to be carried to Carolina as slaves. This caused a rupture between these tribes. There happened to be a party of some seventy Chickasaws in Mobile when this news arrived. Being afraid to undertake to pass alone through the territory of the Choctaws, they begged Bienville for an escort. He dispatched M. de Boisbriant with twenty-five Canadians. On arriving at the first village of the Choctaws, the chief said he would not oppose their passage through his country, but he desired to reproach them for their treachery, in presence of the French. He then took his stand in the centre of the square, having in his hands a pipe and a plume of eagle feathers. The Chickasaws were invited to sit around him in a circle. A cordon of Choctaws formed around them. The chief then said, " the^ French, who are proctecting you, are certainly not aware how perfidious you have been, and what injuries you have inflicted Territory and State. 29 upon us. You have raided into our country — murdered our kindred — burned their dwellings and sold their wives and children into slavery. Instead of permitting you to pass as peaceful strangers or as honored guests, you deserve to die" He then dropped his plume, which was the signal to strike. Most of the Chickasaws were slain before they could rise. Boisbriant was accidentally wounded. He was carried on a litter to Mobile, attended by three hundred warriors, to manifest their regret. 1706. The war continued between the two tribes, the Choctaws in vading the territory of their enemy, burning several towns, and carry ing off many prisoners. Notwithstanding this, the warlike Chickasaws, under the lead of an English trader, sent a party against the Tunicas, on the Mississippi, below Fort Adams, allies of the Choctaws and the French. The Tunicas not finding themselves strong enough to fight, abandoned their villages and sought refuge lower down among the Houmas. While there enjoying their hospitality, these refugees rose upon their entertainers, seized the village and killed more than half the tribe. The survivors fled to the shores of Lake Pontchartrain, and we see their descendants now in the markets of New Orleans, where they carry on a small traffic in herbs, roots and berries. The Chickasaws, after this massacre of their warriors in presence of a military escort, and as they believed with its connivance, became the deadly enemies of the French. They were encouraged by the English traders from Georgia and Carolina. They watched the river and murdered numerous voyagers, descending from the Illinois to the lower colony. Nor was the internal condition of the colony satis factory. Relying entirely on the mother country and on Mexico for bread, they were often in want. La Salle, the commisary general, an ill-tempered and jealous man, occupied himself chiefly in denouncing Bienville and his brothers, to the minister, and in this he was backed by Father La Vente, a cunning and malignant malcontent. 1707, January ist. The Grand Vicar of Quebec arrived, and brought news of the jnurder of Father Cosme, of Natchez, and three Frenchmen, by the Chittemaches of La Fourche. Bienville induced the Natchez, Biloxis and Bayou-goulas to attack them, and they were nearly exterminated. The sad intehigence came of the death of Iberville, father of the colony, and by far the ablest man that had appeared in it. Neither exposure, which had cut off many, nor famine, nor Indian hostilites, nor opposition or apathy at home, discouraged this great man. His energies never drooped. He had sounded the passes and personally explored the Mississippi as far as the Tensas ; coasted and measured the bays and lakes ; had erected forts on the river, at Biloxi and Mo bile; had explorations made, by Bienville and St. Denys, of the La Fourche, Achafalaya, Red river, Ouachita, Arkansas and Yazoo ; had opened communication with the posts on the Illinois by the new route of Manchac ; and by the most indefatigable exertions, had organized a system of supplies and re-inforcements for the colony, without which it must have perished, from hunger and its enemies. Soon after his last return from the colony, (1702) war was declared by England against France and Spain, and her cruisers swept the ocean. But he dispatched his brother Chateaugue, a skillful seaman, who succeeded in landing large supplies at Dauphine island. In 1704 30 Mississippi, as a Province, he made preparations to sail from Rochelle, but was disabled by severe and protracted illness. In 1706, in command of a formidable squad ron, he sailed for Mobile, intending first ta attack Charleston. He touched at St. Domingo, to take a number of soldiers, and there died of yellow fever on the 9th July. About the same time it was announc ed that M. de Noyan, brother-in-law of Iberville and Bienville, com manding the frigate Eagle, had died at Vera Cruz, of the same fatal disease. In his dispatches to the minister this year, Bienville complains that his French soldiers are too young ; that they sink under exposure and often desert, and he insists that his Canadians "are the pillars of the colony" — a striking illustration, that should be noted, of the ability of white men, nurtured in northern latitudes, to endure exposure and hard service in this climate. They were, too, it must be remembered, a temperate race, of primitive habits, simple in their diet and rarely given to excess. 1708. An English privateer made a descent on Dauphine island, the chief depot, and carried off and destroyed valuable stores. This year the fort was inundated, and it wsls decided to move it eight leagues higher up. It vras built according to a plan of Bienville, a bastioned square, containing the governor's house, the king's warehouse, the mag azine, the barracks and the prison. Outside there was a hospital, a school, a cemetery, and a house for the priests. Near by were quarters for the principal officers, M. de Bienville, M. de Chateaugue, de Boisbriant, Marigny de Mandeville, de Blondel, de Valaguy, de Pailloux, de St. Denis, de Chilen ; M. Duclos, commisary charged with the sale of land and the administration of pofice ; M. Jean Mache, armorer. There were other residences for people in the service, and a house for the accomodation of strangers. At this period inundations were frequent, and it was customary to seek temporary refuge on Massacre and Dauphine islands. These islands aremere sand banks on which grow a few dwarfish pine trees, creeping vines and stunted palms. Dauphine is about seven miles in length, averaging a mile in width. The harbor in those times was at the east end, formed by a sand bank known as Spanish island. The depth of water was four to five fathoms, and afforded excellent anchor age. On approaching this harbor it was necessary to pass a bar, where M. de Iberville found, on his first visit, from twenty to twenty- one feet water. In 1706, owing to hurricanes and shifting sands, it had shaUowed to fifteen feet. This anchorage could also be reached by a smaller class of vessels, by steering for Mobile bav, and crossing the bar, where the depth was about twelve feet. ^ The port of Dauphine was defended by a fort, under whose protec tion the government Avarehouses, and a number of private dwellings, had been built. There were some two hundred small houses enclosed in an entrenched camp surrounded by palisades. These buildings were subsequentiy destroyed by fire about the same time that the old fort at Biloxi burned. ^M. Pouissin, formeriy French Minister at Washington, says : ""When I visited this island in 1817, it was a perfect desert. It had become what nature intended it to be, the rendezvous of sea birds, and the resort of fr^^?, /if' '° .='^'^"/?"' °" tlj^it <^oa''t- A single individual had built his hut among the rums of the old fort. He was an old pilot, brave and intelligent Territory and State. 31 whose heart was the seat of those noble sentiments of French honor, which one is always happy to speak of wherever they are exhibited. In the year 1814, during the last war with England, Damour, the Mobile pilot, had been sought after by the commanding officer of the English squadron then on the coast. His reputation was well known from New Orleans to Pensa cola. He alone was able to pilot the ships of this squadron through the wretch ed islands and difficult channels that abound along the coast of Louisiana. The party in pursuit of him. searched the whole of Dauphin Island. They found his hut, turned his humble furniture upside down, and, after having despaired of securing their object, set fire to his property. In the meantime, Damour, his hatred of the English unmitigated, remained concealed in the foul water of one of the ponds on the island, in the midst of rushes and crocodiles, his head alone above its surface. Iu this position, he witnessed the destruc tion of his dwelling, debarred the means of vengeance. But the brave French man was afterwards revenged, for, at the attack of Fort Boyer, on the very point of Mobile Bay, the English met with a shameful defeat before the feeble bastions of a eand redoubt, defended by a handful of brave Americans under their intrepid commander. Major Boyer. 1708. The Chevalier de Muys was appointed to supersede the inde fatigable Bienville, and Diron d'Artaguette commisary general in place of La Salle, with special instructions to investigate the conduct of Bienville. The new governor touched at Havana in July, and died there of yellow fever. D'Artaguette, a man of sterling character, after a thorough inquest, reported that the charges against Bienville were false and malicious. 1709. In his correspondence this year with the home government, Bienville insisted that the supplies of the colony should be made on the rich soil it possessed ; but that it was impossible to make the French work, and the Indians, whom they had subjected, deserted to their villages. He proposed to send Indians to the West Indies, and exchange them for slaves. This the minister pronounced impractica ble, and recommended a direct importation from Africa. 1 7 10. On the return of D'Artaguette to France, although he vindi cated the veteran Bienville, he did not present a flattering report of the colony. It had thus far been a heavy charge to the crown, with out contributing either revenue or glory, and the king was glad to turn it over to Antoine Crozat, an eminent merchant. The grant was for fifteen years, with exclusive right to the commerce, navigation and occupation of the whole colony of Louisiana, from the sea to the Illi nois, inclusive of what is now Missouri and Texas. He conceded likewise to Crozat forever all the lands he might open and cultivate, the proceeds of the mines he might discover, and stipulated to pay 50,000 livres per annum for the maintenance of troops in the colony. Crozat, in return agreed to pay to the king one-fourth of the proceeds of his mines, and to bring annually a cargo of slaves from Africa, and two ship loads of emigrants from France, and, after the first nine years, to pay the salaries of the king's officers and employees in the colony, reserving to himself the right to nominate these officers to the King. In the proces verbal making this grant the name of the Mississippi was changed to the "river of St Louis," the Missouri to the "river St. Phillipe," the Wabash to "St Jerome."* ¦*The Indians of the sea coast called the Mississippi, Mal-bou-chia, according to Iberville. DuPratz says the Indians of the west called it 3Ie-ac-cha-si]}pi, Me-she-o-be and ,2 Mississippi, as a Province, 1712. The colony consisted of about five hundred persons, of whom there were about fifty white women and children and some eighty In dian slaves. They had a few cattie, hogs, goats and poultry. The colonial expenses for the year 171 1 are thus reported m the archives : MVKES. Workmen on public buildings _ |i480 Twenty-three naval officers, marines and cabin boys lonao Superior officers 1^'°°° Medicine chest °"^ Wax candles in Chapel f'i^ Presents to Indians *.^"" Military companies ... .J/,o»s Total ^'^'^^ In the instrument transferring the colony to Crozat, who, like all successful merchants, was a man of comprehensive views, we find the first conception of that great center of trade which New Orleans has since become, but, owing to adverse circumstances, not to the extent that belongs to her unrivaled position, combining more_ natural re sources than any other in either hemisphere. Crozat's main object in accepting a grant of the colony, was to inaugurate a trade with Mex ico, Pensacola, Tampico, Vera Cruz and the coast of Campeachy— a projet full of profit, and entirely practicable had it not been defeated by an unexpected commercial treaty between England and Spain, whom Crozat had calculated on as beligerents. This treaty, and the compe tition it opened, was the prime cause of his ultimate failure. 1713. Early in May the frigate de la Fosse arrived off Dauphine island, bringing N. de la Motte Cadillac, the new governor, M. Du clos, Intendant Commisary, de Richebourg, Le Bas, Dirigonin, and d'Ursins, directors, all the nominees of the great merchant. _ Cadillac, like most of the French officers in the colony, had served in Canada, and had been commandant of Detroit ! He now styled himself "An toine de la Motte Cadillac, seigneur of Davaguet and Monderet, Governor of Dauphine island. Fort Louis and Biloxi, and of the pro vince of Lomsiana." The first party organization known in this country sprung up after the arrival of Crozat's appointees. They were jealous of the popular ity of Bienville, and of the enterprising officers he had about him, who were chiefly Canadians, like himself and his distinguished brothers. "On one side," says Gayarre, the brilliant historian of Louisiana, "was the new governor, the Agamemnon of his party, backed by Mandeville de Marigny, Bagot, Blondel, Latour, Villiers and Terrine, scions of noble houses, and the fanatic curate de la Vente, who stim ulated them to the contest. On the other side was Bienville, the Mcc-n-she-be, all signifying the "Father of waters." By some tribes it was known as Chi(-ca-fiiuf, Mal-bok-a and Namese-sipon, river of fishes. By the S|ianiardsit was known, at different tinies, as Bio Grande, Bio dclEspir- ito Santo, Kio Eseonnido. By the French as i(( Palisade, from the number of upright snags and young cotton-wood trees on the bar and passes ; subsequently as jiio Colbert, after the great minister, and then as the river St. Louis, after the King. Coxe, in his map published in London, 1741, designates it as Mec-a-she-ba. Territory and State. 33 Hector of the opposition, Duclos, Boisbriant, Dutisme, Chateaugue, Serigny and others, fully a match for their antagonists."* The new governor, chiefly because Iberville and his brothers prefer red Mobile, determined to transfer his official residence to Biloxi and to make Ship Island his place of deposit. The old fort had been burned. He built another fort at what was thenceforth called New Biloxi, upon the point of land to the right of the bay, immediately fronting Ship Island. He seems to have been greatly soured and dis appointed, and his whole correspondence was in disparagement of the colony, his predecessor and friends, and must have been very discour aging to Crozat. He said he found priests without a church, officials without integrity, military men without experience, women without beauty or virtue, a people who preferred Indian mistresses to Euro pean wives, and a country without mines, without commerce, improve ments or capacity for production ! 1 7 16. When Bienville was superseded he retained his commision as King's Lieutenant, and was directed by the minister to place a garrison of eighty men at Natchez, where M. de Ursins had the year before established a trading post in the interest of Crozat. Frequent robber ies and murders of Frenchmen on the river had occurred. The governor interposed objections, and Bienville set out with only thirty- four soldiers, commanded by Captain Richebourg (whose unpublished journal we follow) and fifteen marines. Arriving at Bayou Tunica, Father Davion, the Missionary there, warned him that the Tunicas could not be relied on. He therefore took position on an island and erected a palisade. He dispatched a pirogue with orders to pass Natchez at night, and proceed as far as the Illinois and give notice that there was war between the French and the Natchez. April 24th a deputation of Natchez warriors approached and offered the calumet. He haughtily told them to share their pipe with his soldiers, that he, the great chief of the French, would only smoke with the Great Sun and his brothers. They retired and a few days thereafter four large pirogues appeared. Eight gigantic warriors stood up and chanted the song of peace, and three chiefs, richly dressed, landed from the boats. Bienville conducted them within his defences, where they were instantiy seized and bound. The Grand Sun and his brothers, the Angry Ser pent and the Little Sun, were the prisoners. He informed them that the surrender of the chiefs who had instigated the murder of his country men, would secure their release and their lives. He allowed them that night to deliberate. Next morning they represented very plausi bly that, in their absence, there was no one of sufficient authority to enforce such a demand, and they entreated that the Angry Serpent might be liberated for that purpose. Bienville allowed the Little S#n to go, and sent him with a guard, who landed him six miles below the town. In five days he returned with three heads, two of which were identified as chiefs who were parties to the murder, but the third was the head of an unoffending man, brother of the murderer who had *The Governor, in one of his first dispatches, reports the colonists as "a miser- ble collection of the scum of Canada, fit only for the hangman, insubordinate, without religion, addicted to all sorts of vice, and to the Indian squaws, whom they prefer to the French." This is almost as bad as the dispatches of Governor Sargent, 86 years afterwards, about the people of the Natchez district. 3 34 Mississippi, as a Province. fled. Bienville reproached them for this act and sternly demanded the head of the guilty chief. White Earth. He dispatched the High Priest of the Temple, and two warriors, for the head of that chief. The High Priest returned and reported that White Earth had fled the coun try. High water and sickness intervening at this juncture, the French general determined to release his prisoners on condition that they would capture and execute the refugee ; return all the goods they had taken, or the value thereof; and by the first of August, cut and place at a point to be designated, 2500 pickets, and furnish the bark of cy press trees, to cover the fort and barracks to be erected at tiieir vil lage. M. Pailloux, and two soldiers were sent with the Great Sun and his attendants to Natchez ; the Angry Serpent and the Little Sun being retained as hostages. Four of the warriors in custody had been iden tified as parties to the murder of the Frenchmen. Two of these he executed forthwith and the other two a few days later. They died, as the American savage always dies, chanting their death-song _ and yell ing defiance. The Grand Sun, on his return, convened his people, and they approved the compact, and proceeded, in masse, under the direction of de PaiUoux, to supply the timber, and labor on the earth works. Bienville arrived August 2d, .and his men soon completed the fort. He then liberated his prisoners, and was welcomed by a grand dance in which 60® warriors and 300 women took part — a grander ball than the proud city of the bluffs has ever witnessed since, even in her palmiest days of opulence and splendor. Thus ended the first war with the Natchez — ended by the strategy of the French leader dealing with a perfidious enemy. The fort was placed on an eminence, some 670 yards from the river, overlooking a beautiful country of hills and dales. It was an irregular pentagon, without bastions, built of durable timber. Within the in closure there was a magazine, store-house and barrack, the whole enveloped by a deep ditch and earth work. It was called Fort Rosa lie, in honor of the wife of the Minister of Marine, the Count de Pontchartrain. M. Pailloux was left in command.* Bienville returned to headquarters where he learned that a new governor, L'Epinay, had been appointed and that until his arrival, the administration of the colony was confided to him. Thus the mills of the gods, that grind slowly but surely, had, at last, crushed Cadillac, his inveterate enemy, and the persistent reviler of the colony. *He had early come to the colony with the rank of Aid-Major. Returning to France he came back in 1702 as Sergeant of a company raised by M. de Chateaugue, Jgpther of Bienville. In 1718 he was commissioned Major. In 1719 he was sent jTOTa Biloxi to prevail on the Natchez and Yazoos to make war on the Chickasaws. In 1721 he was in command of the post of New Orleans. In 1722 he was again sent on a mission to the Natchez; before the great massacre, to quiet the distur bances between the French and the Indians. OHAPTEE Tl D'EPINAY, the new governor, Hubert of St. Malo, commisary general, three companies of infantry and a number of laborers, with three ships loaded with pro visions, merchandise and military stores, arrived at Dauphine island, which it was determined to fortify. But towards the last of August, 1717, a hurricane swept over ^' the island and choked up the harbor with sand, and Ship Island was selected as the future place of anchorage and deposit, and there a fort and warehouses were built. Headquarters re-estab lished at Biloxi. Crozat, finding himself unable to conduct the colony any longer, was permitted to surrender it to the king, who transferred it- to a new association called the Western, or India Company, with extraordinary and exclusive privileges, for a term of twenty-five years. In this char ter the company bound itself to introduce 3000 Africans. The famous John Law, the director of the Bank of France, D'Artaguette, Re ceiver-General of France, Duche of Rochelle, Moreau of St. Malo, Pion of Nantes, and Costaignes and Manchard of Rochelle, were the first directors. They immediately dispatched a fleet with merchandise and emigrants, and with a commission reinstating Bienville in his old position as governor. His first act was to carry out his long cherished design, to transfer the capital of the colony to the bank of the Missis sippi, and in March, 17 18, he selected the present site of New Orleans, between what are now Canal and Esplanade streets, and set fifty men to clear away the timber. He likewise built and garrisoned a fort on St. Joseph's bay, in a district claimed by the Spaniards. Ships from France continued to arrive in rapid succession, bringing large parties of immigrants, sixty of whom settled in the old Indian village of Pascagoula, which had been granted to M. Paris Duvernet. Grants of land were made and plantations opened upon the Yazoo, at Natchez, on Red river, at Baton Rouge, on the lower Mississippi, and on the Arkansas. The slave trade was inaugurated and the company fixed the value of negroes. One from seventeen to thirty years, free from bodily defects, male or female, was worth 660 livres, Three children, from eight to ten, 660 livres. Two over ten and un der fifteen, same price. Half in cash and the remainder in twelve months. The wages of good laborers were ten to fifteen livres a day. 36 Mississippi, as a Province, 1 7 19. M. de Serigny, brother of Bienville, arrived with instruc tions to make a thorough survey and soundings of the sea board of the colony. This work was well done, and the charts of that day are still remarkable for their accuracy, except where the channels have been affected by hurricanes. He brought the startiing intelligence that France had declared war against Spain. Bienville was emphatically "a fighting man," prompt and energetic, and fond of glory. He im mediately convoked the Council, and decided his plans. He despatch ed Serigny, with two vessels and one hundred and fifty soldiers, for Pensacola bay. He ordered the Canadians and Indians to rendezvous on the Perdido river, whither he went by water with a detachment of fifty men, and marched for Pensacola. The Spanish commandant capitulated, and was sent with his garrison to Havana, where the Spanish governor perfidiously seized the ships and threw the officers. and crews into prison. He manned the ships with Spaniards, and sent them with fifteen hundred soldiers and a man-of-war, to recapture Pensacola. Chateaugue was in command and preferred to resist, but at that juncture the garrison, seeing the overwhelming superiority of the enemy, refused to obey his orders. Fifty of them marched out of the fort. The commandant was allowed to surrender with the honors of war, and was sent to Spain. The Spanish general then sailed for Dauphine island where the French ship, St. Phillipe, was anchored. Serigny commanded the fort, and, refusing to surrender, the Spaniards opened a furious cannon ade which they continued several days, but finally bore away for Pensacola. A marauding party sent up Mobile bay, was severely chastised by a party of Canadians and Indians, en route for the relief of Serigny. Eighteen of the French who, deserted at Pensacola were here captured. Seventeen of these were beheaded in Mobile, and the other gibbeted on Dauphine island. 1719, September 2nd. Three. French men-of-war escorting a large convoy for the colony arrived. Bienville and Serigny induced the admiral to join them in an attack on Pensacola. They followed the .former route, and on the 17th invested it by sea and land. Admiral Champmeslin, after a well fought engagement of three hours, cap tured the entire Spanish squadron of four ships and six gunboats, and the fort on Santa Rosa island. Simultaneously Bienville stormed the defences of Pensacola. His Choctaws acted like veterans, and boldly tore down the palisades that encircled the fort. In two hours the commandant capitulated and the flag of the silver lilies was again (hoisted on the fortress. The sword of Don Alphonso, the Spanish Admiral, was returned, with many compliments upon his valor, but the military copimandant, Matamora, was denounced for his perfidy at Havana, and was disarmed by a common soldier. Forty of the French, who had mutinied the year before, were here captured. Twelve were hung at the yard-arms of the fleet, and the others were condemned to servitude. _ The Supreme Council of the colony did not support the governor in his policy, as to the seat of government. Bienville and Hubert both favored a change, with the view to agriculturaladvan tages, but differed in their choice. The first was wedded to New Orieans, but Hubert urged its liability to overflow, and recommended Natchez, as free from this objection and combining all the other advantages claimed by Bien- Territory and State. , 37 -ville for his favorite site. The fact that Hubert owned there the valu able concession of St. Catherine, detracted from his argument, when really it should have given force to it. He was a merchant of St. Malo and strictly a man of business, with all the qualities that the name implies — shrewd, sensible, discerning. He had the whole vast col ony to choose from for his private grant, and after balancing all the advantages and drawbacks, commercial and agricultural, he gave the preference to Natchez, and obtained a concession on the St. Catherine's, three miles from the river. The same considerations recommended it to him as the proper site of the colonial capital. In the heart of the richest agricultural district in the world, based upon a stratum of marl, and therefore inexhaustible — elevated, healthy, picturesque, contiguous to the alluvions on the west of the river, and offering the best and nearest approaches to the highlands beyond, sufficiently removed from the sea to be inaccessible to an invader when its own position, and the Tiluffs below, are properly fortified — near enough for all commercial purposes, and three hundred miles nearer the posts of the Illinois ! These were the recommendations that presented themselves to his practical and comprehensive mind, and it is a great misfortune that they did not prevail. The proudest city of the new world would now have stood on the ancient vihage of the Natchez. Bienville was ob stinate. Hubert would not surrender his conscientious convictions, formed after long consideration and personal reconnoisance. The ¦deliberation resulted in a compromise — a term that implies many things, but which really means a concession of right, in a greater or less de gree, and generally ends in successful fraud. The Council decided to continue at New Biloxi. They, at the same time, passed ordinances forbidding all vessels, not sailing under the permits of the company, from entering the colonial posts ; fixed the price of peltries and produce, and the price of merchandise at the different posts by a sliding scale proportioned to the distance of transportation. In other words, the ¦colony had the worst government on earth — an odious monopoly of absentee speculators with a subservient council and soldiery at hand to enforce their regulations. 1720. The Chickasaws massacred several Frenchmen, and, under the influence of English traders, took up the hatchet against the colony. In July the first cargo of negroes arrived ; several French vessels .appeared, bringing with them the fever of St. Domingo. Chateaugue, the brother of Bienville, liberated from a Spanish prison in consequence of peace between the two countries, now returned. Numerous immigrants arrived for the plantations at Natchez, Pasca goula, Red river and Arkansas.* ¦*The first planter who settled at Natchez was M. de la Houssaye, who with fif teen laborers opened a farm on St. Catherine, in 1718, some two years after fort iosalie had been built. He subsequently obtained a concession on the Ouachita and sold this farm to Perricaul, who was residing there when the massacre occur red, but whose life was spared on account of his skill as a boat builder. In 1719 Messrs. Pellerin and BeUecourt, with a number of laborers, opened a plantation on St. Catherine. In 1720, M. Hubert, Director-General of the colony, arrived with sixty hands to improve his concession. Perricaul says, "he took lodgings with M. de la Loire des Ursines, director of the "Western Company, and after ex amination located his plantation on St. Catherine, about a league from the fort, and there built a large dwelling house. There was some prairie land on this con cession, which he plowed and sowed in French wheat. He erected a grist mill, forge and machine shops, to manufacture arms and implements. He allowed M. de Montplaisir to locate on land about a league from his settlement, to plant to- 38 * Mississippi, as a Province, Thirty girls from the Saltpetriere in Paris, arrived in the colony. The priests complain of the propensity of the colonists, and especi ally the Canadians, for Indian wives. The dusky maidens of Missis sippi, with their flashing eyes, and their voluptuous forms, and their delicate hands and feet, and their merry laugh^ and their raven hair that brushed the dew-drops as they walked, modest, chaste, drooping their glances at the approach of a warrior, were preferred to the pale- faced, conventional women of Paris, and the simple minded fathers were astonished ! As a general rule the French officers were abstemious and temperate, but this year several of the diaries record that two officers of infantry, Macarty and Maisonnoeuve, died at Ship Island, soon after their arri val of excessive intemperance. The first victims ! 1 72 1. The slave trade, with all its horrors, was under full headway. A ship of war arrived with one hundred and twenty, having lost one hundred and eighty on the voyage. Three other vessels followed. They were half starved on the passage and put on short aUowance after their arrival, there being a great scarcity of provisions in the colony. The ship St. Charles, with a cargo of slaves, took fire sixty leagues from the coast. The crew took to the boats, leaving most of the negroes to burn with the vessel. The Council promulgated an ordinance that a negro, a good subject, should be rated at 680 livres ($176,) and sold for tobacco and rice, payable in three annual payments. In default of payment the com pany seized the negro, and sold the effects of the planter to make up the deficiency. The price of leaf tobacco, delivered at New Biloxi, New Orleans or Mobile, was arranged at twenty livres per quintal ; wine, one hundred and twenty livres per cask. Merchandise sold at New Orleans and Mobile at fifty per cent, advance on the original cost; seventy per cent, at Natchez and Yazoo, and one hundred per cent, in Arkansas. By census taken this year there were 5420 whites and 600 negroes in the colony. Its expenses were 474,274 livres. The exportation of negroes from the colony was prohibited. The principal concessions at this date were held by John Law, 12 miles square on the Arkansas, 30 miles above its mouth. One on the Yazoo by Le Blanc and others. One at Natchez by Hubert and Colly. One on Red River, above Na-tchitoches, by M. de la Harpe ; at Pointe Coupee by de Meuse ; at Tunicas by St. Reine ; at Baton Rouge by Dirond d'Artaguette; at Bayougoula by D. Duvernois; at Tchopitoulas by de Muys ; at Cannes-brule by d' Artagnac ; on Black river by d' Villemont; at Pascagoula by Madame d'Chaumont; at Bay St. Louis and Old Biloxi by Madame d'Mezieres; on Ouachitta by de la Houssaye ; at the Houmas by M. de Ancenis. 1722. The chevalier D'Arembourg, a Swedish officer of distinction, bacco, which succeeds admirably after the first year. In 1721, Hubert sold his. concession to M. Colly, whose' agent was M. Dumanoir. They retained all the hands. All afterwards perished m the general slaughter." Hubert found that his ownership of a large and valuable grant at Natchez, im paired the force of his recommendation of that point as the proper site of the colonial capital. He therefore sold out, and afterwards sailed for France to ad dress his recommendation in person to the Ministers. Being a man of wealth, energy and talent, and Bienville's influence being on the wane, this early friend of Natchez would probably have succeeded, but,"unforunately, he died soon after his arrival, and with him perished the scheme of transferring the capital. Territory and State. 39 with a colony of Germans, arrived, who were soon followed by other immigrants of the same race, constituting the best element of the agricultural population. Fort Conde, at Mobile, was substantially built of brick, and Ma rigny de Mandeville returning from France with the Cross of St. Louis, took command. The same mark of distinction was conferred on Boisbriant, St. Dennis and Chateaugue. The news of the failure of the Bank of France, and of the famous I^aw and all his financial enterprises, created consternation in the colony. Provisions became scarce and Bienville was compelled to billet the garrisons at Biloxi and Mobile, upon the Indians of Pearl river and Pascagoula — a striking illustration of the unaccountable neglect of agriculture by the French, and of the absolute control they exercised over the natives. A ship arrived from France bringing a consignment of copper money, coined expressly for the colonies the preceding year. At Fort Toulon, on the Coosa, which the French occupied as a garrison and trading post, the troops, pressed by famine, attempted to desert to the British settlements of Carolina. While the officers were at breakfast the mutineers attacked them. Captain Marchland was killed. Lieut. Villemont and Ensign Paque escaped through a port hole, and fled to a Creek village that stood on the lower limits of the present city of Wetumpka. The mutineers having plundered the fort, marched in the direction of Charleston. Villemont* having enlisted a number of warriors, intercepted and attacked them while they were fording Line creek. Eighteen fell in the conflict; two escaped, the rest were captured, taken to Mobile and executed. This year, in September, a violent huricane swept along the coast. M. de la Harpe, one of the most enterprising and intelligent officers' iij the province, was sent on an exploring expedition. He arrived at Natchez, January 20th, (1722,) and found M. de Barnaval in command of Fort Rosalie. La Harpe did not consider the fort judiciously located. Near the mouth of the Yazoo he met two large pirogues, from the Illinois, with 5,000 pounds of salted meat — the hardy prede cessors of our western boatmen ! He ascended the Yazoo as far as the villages of the Karoos and Chocchumas, who built their cabins upon mounds. There was every indication of there having been a numerous population, but reduced by contagious diseases and perpetual war. A negro who had killed a Frenchman was publicly burned in New Orleans. August nth. A violent hurricane along the coast that sunk a number of vessels. Those in Ship Island harbor rode out the gale in safety. 1722. Bienville, at length, induced the council to declare New Orleans the seat of government. The colony was divided into nine civil and mihtary districts. Ala bama (Fort Toulouse,) Mobile, Biloxi, New Orleans, Natchez, Yazoo, Illinois, Wabash, Arkansas and Natchitoches. A commandant and judge were appointed for each district, with an appeal to the Supreme Council. Three ecclesiastical divisions were organized. The first ¦^Ancestor of the Villemont family at Point Chicot, Arkansas. 40 Mississippi, as a Province, extended from the mouth of the Mississippi to the Ilhnois, and was confided to the Capuchins. The Jesuit fathers filled the missions from the Ilhnois to the Wabash. The Carmelites were stationed at Biloxi, Mobile and Fort Toulouse. Pensacola was restored to Spain. War between the Choctaws and Chickasaws continued. The former encouraged by the French. Bienville, in one of his dispatches, states that his allies had burned three Chickasaw towns, and brought him one hundred prisoners and four hundred scalps. 1723. Gambling was carried to such an excess, that an ordinance was passed prohibiting games of chance and betting. A dreadful hurricane, the last of September, that overthrew the hospital, church and thirty buildings in New Orieans, swept away the crops on Mobile river and Pearl, and occasioned general distress. On this, as on all previous occasions. Ship Island harbor was found a secure refuge. A company of Swiss soldiers, ordered from Biloxi to New Orleans, seized the brig and compeUed the Captain to steer for Charleston. 1724. The famous " Black Code" was promulgated in the name of the king. It expeUed the Jews from the colony; required that slaves should be brought up in the Roman Catholic faith; that no other rfeligion should be tolerated ; that if the owners were not true Catholics their slaves should be confiscated for public use, and that no amalga mation of races should be aUowed. It was made death to maim or kUl any horse or cattie belonging to another. On several of the plantations indigo was being successfully cultivated. The first saw mUl on our sea-board must have been in operation about this time. A vessel loaded with pine plank, was dispatched from Ship Island to Cape Francois, and was ordered to bring back a full supply of indigo seed for the planters. From the same port many vessels now clear for our eastern cities, for Vera Cruz, Central America and the West Indies, Europe and Australia, with sawed and square lumber. 1725. M. Dutisme arrived from Fort Rosalie; reported that a French sergeant, in an altercation, had kUled a son of one of the Natchez chiefs. Next day the Indians attempted to seize a wagon of prisoners, but were repulsed by the guard. They then attacked the French settiements on St. Catherine's, (Look-fe-a-koola), but were driven off. They ambushed and shot M. Guenot, superintendent of the plantation, and kOled a number of horses and cattle. A temporary reconciliation was had, but Bienville determined on sterner measures. He repaired to Natchez with all practicable dispatch, with five hun dred men, attacked the savages wherever he could find them, burned their villages and wasted their fields, until they sued for peace. He granted this on their surrendering one of the Suns, who had been prominent in the insurrection. His execution terminated the second, Natchez war. 1726. And now this devoted friend of the colony took leave of the people, whom he had served so long, and sailed for France, to con front his enemies and vindicate his official conduct.* He had assisted -*Thus far, in this record, I have relied mainly on the journal of La Ilarpe, a French oificer of education and.^talents, who came to Biloxi in 1718 mainly to Territory and State. 41 his illustrious brother at the very foundation of the colony. Fie had been busy in the work of exploration until the death of his gifted brother Sauvolle, when he became head of affairs. He had concili ated the savages by his diplomacy, or conquered them with his sword. He had established numerous posts, and opened therewith regular routes of inter-communication. Fie had constantly, but vainly recom mended the cultivation of the soil as the basis of colonial prosperity, and it was in reference to this policy that he so persistently urged the establishment of the capital in the rich alluvions of the Mississippi. He spent liberaUy in the service of the king, but accumulated no wealth for himself During his whole administration he had been more or less embarrassed, sometimes paralyzed, by a factious, jealous and incompetent council, and was feebly supported, and often censured by the authorities in France, who cherished mean suspicions, and attached undue weight to the calumnies of his enemies. But under all these drawbacks, he left the colony in a better condition than it enjoyed under any of his successors. He was coldly received at court, and was soon notified that his services were no longer needed. M. Perier was appointed his successor. Chateaugue, his brother, who had fought with Bienville on so many fields, was removed from his position as royal lieutenant, and his two nephews. Captain and Ensign Noyan, gaUant officers, were excluded from the service. The anti- Bienville faction had a complete triumph, and the veteran soldier went into strict retirement. establish a colony on Eed Eiver, then called La Sablioniere. In 1719 he built a fort near the present Natchitoches; subsequently another one in north latitude 33°, 30\ to mark the territory and jurisdiction of the French. France then claimed the whole of Texas, and St. Dennis was instructed to build a fort on the Colorado, but his force was too feeble for the enterprise. In 1723 La Harpe's health failing, he returned to France and there published his Journal. His statements are always reliable, and generally sustained by the ofiicial dispatches of the period, but there are some inaccuracies and confusion of dates. OHAPTEE VII. I HEN Perier reached the colony, (1727,) he found the Indians discontented and threatening. The absence and removal of BienviUe, whom they dreaded, encouraged this feeling. The new governor found himself com pelled to urge, at once, the pohcy recommended by his "predecessor, of incessant vigilance, stronger garrisons and prompt retaliation. The Natchez had never forgiven the severe but proper reprisals of BienvUle in 1716 and 1722. The Chickasaws, ever the enemies of the French, and much under the influence of the Enghsh, artfully fomented these discontents and projected a general confederation of the tribes, such as was sub sequently conceived by Pontiac and Tecumseh, to exterminate the French from the Illinois to Biloxi. 1728. These discontents, on the part of the Natchez, have been attributed, by most writers, to the harsh and oppressive measures of the French, including the planters as well as the military. Du Pratz, a pleasing writer, who even reports, at length, the speeches made by the Natchez chiefs in their several councils, though not within three hundred miles of the theater of action, takes this view of the case. We have found no evidence to authorize such a conclusion. It is probable that the commandant, Chopart, was exacting and brutal, es pecially when under the influence of liquor.* But generaUy the ¦*'Chopart, the French 'commandant, it is charged, determined to seize their village, to convert it into a plantation, and menaced the Natchez with vengeance unless they removed by a certain day. The chiefs replied that their corn, at that time, would be in the milk and not fit for harvesting, and supplicated for more time, but he refused, and they determined on revenge. A parallel case, (if this be true,) occurred in the early settlement of Tennessee. In 1797 a number of families, under grants from North Carolina, had settled in Powell's VaUey, and, in the uncertainty of boundaries, some of them had opened farms and planted their crops ou land to which the Cherokee title had not been extinguished. Some had settled there iu ic;norance ot the true boundary, but others believed that by the 31st article of" the Bill of Eights of the State, the people re,5iding south of French Broad and Holston, between the Tennessee and Big Pigeon, had the right of occupancv, and that Congress, (having admitted Tennessee as a State, without exceptions to that bill of'rights,) would not dis turb them. The Senators, and Ropreson tative (Gen. Andrew Jackson) made an inef fectual eflbrt for their relief. The Governor and Legislature of Tennessee remonstra ted in their favor, showing the extreme hardship of the case and deprecating the mili tary intervention then threatened. The settlers were summarily removed. Col. Butler, in command of United States troops, and three United States Commis sioners, were then appealed to by the State authorities, to allow the settlers to return simply to gather their corn, to feed their sufl'ering families, but this was Territory and State. 43 officers were kind and conciliatory. The French, above aU other people, succeeded in fraternizing with the Indians. Singly, and in companies, they penetrated the wilderness among the most savage hordes, and seldom failed to win their confidence. They adopted the habits, customs and costumes of the tribes — acquired their language and taught them their own — ^joined them in their sports and on their .expeditions — became as expert and Is daring on the water, in the chase, and on the war-trail, as the best of the warriors — intermarried with their daughters, and exerted, everywhere, extraordinary influence. A gay, obliging, amiable people, instinctively brave and liberal, cruelty is no part of French nature. The atrocities perpetrated by the Natchez were, doubtiess, prompted by their own vindictive resent ment of the punishment, inflicted by BienviUe, for their crimes. The universal maxim of the savage races is, blood for blood, and they never forgive. Cruelty and oppression uniformly create hatred on the part of the oppressed, and suspicion and precaution on the part of the oppressors. But the French, at Natchez — a very feeble and helpless band in com parison with the Indians — maintained only a small garrison, and the planters were living on isolated farms, with no suspicion of hostility — a condition whoUy irreconcilable with the assumption of cruelty or the fear "of retribution. The accounts given of the origin of the trouble, by contemporary writers, none of whom were present, and who had not even the op portunity of interrogating either the whites or savages who were present at the massacre, are, no doubt, in a measure, sensational and fictitious, but most historians have adopted these romances as the basis of their narratives. Very few whites escaped to tell the story ; the savage actors in the tragedy afterwards fled and were kiUed or dispersed, and all the facts, as they really occurred, can never be known. 1729. From the numerous accounts and legends of the bloody affair, it seems propable, but is by no means certain, that an under standing had been come to between the Natchez and the Chickasaws, for a joint attack on the French, on a given day, and an equal distri bution of plunder. But on the 26th November several barges arrived at Natchez with provisions, liquors and merchandise for the garrison and the planters ; and the appropriation of these without a division with their allies, no doubt tempted the Natchez to anticipate the day agreed on for the attack. On the morning of the 28th, before daylight, the Natchez divided themselves into three bands, and just as the French drum was beating the reveille, one of these bands appeared at the fort, one in the con tiguous viUage occupied by the whites, and one at the concessions or farms near by. Each band represented that they were going out on a grand hunt, and had come to exchange their corn, vegetables and poultry for guns, powder and lead. Having thus introduced them selves in the fort, and in the dweUings and store-houses of the French, obtaining arms, and seeing no one on guard, at nine o'clock the pre- peremptorily refused. And these settlers were the men who had fought at Kings Mountain, and who defended the frontiers of Virginia and Carolina from these same murdering Cherokees ! What difference is there between the conduci of the U. S. authorities and the conduct imputed to Chopart? 44 Mississippi, as a Province, concerted signal was made and the massacre began. More than two hundred and fifty perished, including Chopart, de Corderi, comman dant of Fort St. Peter on the Yazoo, then at Natchez on a visit, M. de Ursins, CoUy, father and son, d'Longrenil, des Noyers, BaUlie, etc. Father Du Poisson, who resided among the Arkansas, had arrived at Natchez on the 27th. Next day, the first Sunday of Advent, he had said mass and preached in ike absence of the Cure. He was to have departed in the afternoon, but was detained to administer the sacrament to some sick persons. On Monday, the 29th, while going to administer the sacrament to one whom he had confessed during the night, he was seized by a chief, who threw him to the ground, and cut off" his head by repeated blows with a hatchet* M. de Corderi, commandant of St. Peter, drew his sword to assail this chief, but was instantly shot through the heart. They spared but two white men ; most of the women and half grown children, and the negroes, were reserved for slaves, but they ripped open those that were pregnant, and killed all the infants. While the slaughter was going on, the Great Sun took his place under the tobacco shed of the Company, and the heads of the victims were piled at his feet. Their bodies, after being mutilated, were left to the dogs and buzzards. They next proceeded to seize and appor tion the spoils. While the liquors lasted, the whole body of the Indians were helplessly intoxicated. A band of the Karous or Yazoos chanced to pass at this time. They had long been affihated with the Natchez, and a portion of the plunder was allotted to them. When they reached their viUage, it was determined to attack fort St. Peter. December nth, the missionary priest. Father Souel, returning from a visit to the chief of the Yazoos, while crossing a ravine, was shot dead. The savages rushed to his cabin to plunder it, but his faithful negro bravely fought them at the door; he wounded several, but was finaUy killed. "Fortunately," says Father Petit, Superior of the Jesuits, whose journal we mainly follow, "this brave man had received baptism a month before, and was leading a most Christian life." Early next morning the Indians presented themselves at the fort, and were received without suspicion by the temporary commandant, the Chevalier des Roches. In a few moments the whole garrison was butchered, except a few women reserved for slaves. Father Doutreleau, missionary among the lUinois, his Indians being •on their winter hunt, had set out in a pirogue for New Orieans, to consult Father Petit, the Superior of his Order. January ist, 1730, he landed with his crew, at the mouth of the Yazoo, to say mass. A party of Indians approached who said they were Yazoos, friends of the French. At this moment his men fired the only two muskets they had at a flock of geese that were passing over, and did not re-charge, "»In Kip's book on the "Early Jesuit Missions," there is au extract from the Journal of Father Du Poisson: "June 13th, 1727," says he, "we arrived at JNatchez. We immediately made our visit to Father Philibert, a Capuchin, who IS tne cure, lie IS a man of good education, who was not frightened at seeing me as some of his brethren had been, in New Orleans. (There was rivalry and jealousy between the orders.) He was a man of worth and very zealous. ine i rench settlement here has become important. They raise a great deal of JnnLf'P''""'' /"/'SO. The excessive heat and the necessity of repairing our ^^UoZ' .P"""^"'^*! "'^ ,f™m goiiig to the concessions or to the Indian village. This "Ullage IS distant one league from that of the French " Territory and State. 4.5 because mass was about to commence. Just as the Father was saying the Kyrie Eleison, the treacherous savages fired. The missionary, perceiving himself wounded, one of his followers killed, and the four others flying, feU upon his knees to receive the fatal blow, which he regarded as inevitable. But they stood at a distance and fired on him twice. He then fled, and plunging into the water reached the boat in which were two of his men. Turning to look for his pursuers, he received in his mouth a discharge of small shot that flattened against his teeth. One of his men had his leg broken by a musket ball Making their escape with difficulty, they expected to obtain relief at Fort Rosalie, but perceiving no flag flying and several houses smoking, and no persons visible, they hurried by to the French post at Tunica. Several Frenchmen on the Ouachita, and a number of traders de scending the Mississippi, were ambuscaded and slain. This dreadful massacre spread consternation throughout the colony, and roused the authorities to the necessity of action. Gov. Perier dispatched couriers to aU the posts, even to the Illinois, not by the direct and ordinary river route, which was too hazardous, but on one side by Red River, and on the other side by MobUe. He armed the planters and exhorted them to incessant vigilance. He stationed twa ships, the Due de Bourbon and Alexandre, at the mouth of Bayou Tunica, to serve as fortresses, and, in case of emergency, as asylum.s. for women and children. He caused a ditch to be dug around New Orleans, and erected block houses at the four angles. He organized, for its defense, several military companies, who mounted guard every night. Block houses, well manned, were erected at Tchopitoulas, Cannesbrule, AUemandes, Bayougoulas and Point Coupee. A general insurrection of the Indians was apprehended. The home govern ment was urgently appealed to for reinforcements. M. le Seur, one of Bienville's most trusted agents, was dispatched to the Thacta (Choc taw,) villages to solicit their co-operation. Having taken these pre cautions, Perier intended to lead his army, in person, against the Natchez, but an outbreak among the negroes, and the general appre hension of an attack upon the city, determined him to confide the command to the Chevalier de Loubois, a veteran trained in the wars of France, and an approved officer in the colonial service. While Loubois, with his command, was pursuing his way by the river to Natchez, Le Seur, with seven hundred Choctaws, was marching through the country for the same point. His scouts reported that the Natchez seemed ignorant of the movement against them, and were- chiefly occupied in feasting and dancing. Le Seur considered it pru dent and proper to await the arrival of Loubois, but the Choctaws could not be restrained, and on the 27 th January, before daylight, they surprised the Natchez in their principal village. They slew and scalped sixty warriors, and rescued fifty-nine women and children, and one hundred and fifty negroes, all of whom had been held as- slaves since the massacre, and subjected to extreme ill-usage. But for Le Seur's injunction to make the rescue of the prisoners the m.ain object, this attack would have been still more disastrous to the Natchez. The Choctaws lost but two killed and seven or eight wounded. They encamped, after the battie, on the farm of St. Malo, on St. Catherines, in an open field enclosed with stakes. The Natchez, awakened by this unexpected and bloody assault, to- 46 Mississippi, as a Province, the perils gathering around . them, retreated to their forts and passed their nights in dancing the death dance. Three days before this surprise, Loubois had dispatched the Sieur Mesplex, and five soldiers, to ascertain the temper of the Natchez, and submit overtures for the captives in their hands. At the landing, while in the act of leaving their boat, they were fired on and three of the party fell. The survivors surrendered; one of these the Natchez dispatched to Loubois, offering to return all their prisoners on the receipt of two hundred muskets, two hundred barrels of powder, two hundred barrels of baUs, two thousand flints, two hundred knives, two hundred hatchets, two hundred pickaxes, five hogsheads of brandy, twenty casks of wine, twenty barrels of vermillion, two hundred shirts, twenty pieces of linen, twenty pieces of cloth, twenty laced coats, twenty plumed chapeaux and one hundred overcoats. They required, likewise, as hostages, M. de Brontin, ex-commandant of Fort Rosalie, and the chief of the Tunicas, then with the army of Loubois. On the same day that this impudent demand was made, with every preliminary of torture, long protracted, they burned the unfortunate Mesplex and his comrades. We now quote from the MS. journal of a French officer, who ac companied the expedition from New Orleans to Natchez :* 1730, February Sth. This morning we arrived at Natchez with one-half of the army, and landed on the western bank of the river. Dispatched a captain and thirty men to reconnoitre the landing opposite. Some Choctaws presented themselves and reported that on the 27th January, before day-break, they had surprised the Natchez, who had ever since been shut up in their forts. Upon this news we crossed over, and camped with them on the concession of St. Catherine, a league inland, and not far from the strongholds of our enemy. The Choctaws declared that they meant to assault the forts that night, but no movement took place. Pleavy rain all night. 9th. — Moved our camp fifty yards above on the bank of the creek. The Choctaws asked of us ten men to aid them in seizing the great chief of the Natchez, with whom they proposed to hold a parley. A band of the Natchez came out for the conference, but a Choctaw recognizing among them a warrior who had killed one of his kinsmen, instantly shot him down. They returned the fire and retreated into the fort. In this melee one of our men w"as slain. 10th. — This afternoon the other division of the army arrived, with two pieces of cannon. _ Returning to camp, had the pleasure of finding the head chief of the Choctaws in full possession of my tent and very drunk. Went with a detachment to superintend the landing and removal of the ar tillery. 12th.— Eejoined the command .and skirmished with the enemy all day. In cessant rain all night. 13th.— A parley, but without results. Eeconnoitered the ground and selected the so-called "grand temple," as a post. Have thrown up au entrenchment and mounted our cannon. 14tli.— Opened on the fort, whieh they returned with a heavy fire. During the night charged my pieces ;with grape, and trained them on the cane-brake. Soon afterwards the Natchez came stealthily forward, under cover ot the cane, intending, doubtless, to drive us from our position. Drove them back with my grape shot. 15th— 19th.— Frequent parleys. Our'men making gabions for assault. Four more cannon put in position. 20th, 21st.— Mining. n,L^;^a?^ I? ¦" "Vl^y ^°}- ^- ^- French, of New York, who copied it from the rlafo^ti r 'I' , }>as been translated as literally as the old Trench of that date can be rendered, by Fernand Claiborne, Esq., of New Orleans. Territory and State. 47 22d, — Mining continued. Last night, for four hours, we resisted a desperate attack. Two hundred men advanced, under cover of the cane, and a band of one hundred, a forlorn hope, made a rush at our battery. They penetrated our works, overthrew the mantelets and got as far as the last retrenchment. The}' carried guns covered with wool — " convertes de laine el pedes."" They attacked the battery and the temple at the same moment. We received them -with musketry and grape shot. After a sharp combat, we drove them from the retrenchment, and they re treated into the canes. We repaired our works during the night. 23d. — The Choctaws informed us that they desired to withdraw. We have erected a battery within eighty yards of the fort, and put in position three four- pounders ; have opened the trench fifteen yards further, and have there put two mantelets, and a gun charged with grape. Opened fire upon Fort de la Valeur,t which was promptly returned, and our cannoneer, and three men at the battery, were wounded. Our fire being so ineffectual, that of the enemy so spirited, our ammunition failing and our allies having withdrawn, it was deemed expedient to take position on the bank of the river. I set out, with two engineers, to make a reconnoisance. Reported in the afternoon. I found our commander holding a parley with the Natchez of Fort de la Farine,; which had hoisted a white flag early in the forenoon, and had kept it flying while we were firing upon them. They offered to release the captive women and children and negroes, on the condition that we should withdraw our batteries. A suspension of arms was agreed to. 24th. — In the morning we dismantled our batteries and the captives were delivered. Recognizing among the negroes three that had united with the Natchez in the night attack on the 22d, I ordered them to be tied. Two "vvere seized, but, as we were in the act of binding the third one, he placed a knife between his teeth and leaped into the river, when he was shot." Father Petit, Superior" of the Jesuits, referring to this campaign, says, the impatience and impracticability of the Choctaws, who, like all other Indians, strike one blow and then disperse; the small number of French, who found themselves rapidly diminishing from sickness and fatigue ; the scarcity of pro visions, which our allies wasted and pilfered ; the failure of ammunition, which the Choctaws wasted, one-half in useless firing and the other half in hunting ; these considerations, with the stubborn resistance of the Natchez, who were fortified after our own models, with the guns and ammunition of the former garrison, decided M. Loubois to listen to their overtures. They threatened, if we persisted, to burn all the prisoners, while, on the other hand, they should be liberated if our batteries were demolished. These, for the want of good artil lerists, had in fact, proved very inefficient. We accepted the proposal to save the captives, and a truce of five days was agreed upon. The batteries were withdrawn and the prisoners delivered. But on the morning of the 26th it was ascertained that, during the night, the entire body of the Natchez had with drawn from their defences. They had crossed the river or sought the cover of swamps and cane-brakes, and were beyond pursuit." Loubois then constructed a strong earth-work on the bluff, garrisoned it with a hundred and twenty men, and returned to New Orleans. || In this the last struggle for their beautiful country, the Natchez made a heroic resistance, as the red men of this continent always have made against the invader. No race in modern times, nor Greek nor Roman, in the grand old historic days, have more bravely defended *This must mean that, as it was raining, they protected their fire-arms with skins with the wool or fur on them. fName given by the French to the fort occupied by the Natchez. JName given by the French to the fort occupied by the Natchez. IIThis was the earth-work, long visible and known as "the old fort," until it went down in the great land slide, commemorated in a series of brilliant historical sketches by the Hon. J. D. Shields, of the Natchez bar. Itmustnot be confound ed with the original Fort Rosalie, built by Bienville, in 1716, and occupied by the French when the massacre occurred. 48 Mississippi, as Province,, their homes, and exhibited more constancy and fortitude when driven from them. Had the Chickasaws united with the Natchez, as seems at one time to haYe been contemplated, all the interior posts and set tiements would have been destroyed and the capital itself been in jeopardy. For some unexplained reason the Chickasaws, who had used aU their arts to stimulate the Natchez against the French, and perhaps promised their co-operation, faUed to appear. It is probable they were wiUing to see both the French and the Natchez perish. The Choctaws advanced under the banner of a French officer, and struck an unexpected and terrible blow. These defections have occasioned many conjectures, and many legends. We adopt the version of Father Petit, that the seizure of the richly laden barges on the 26th November, to divide the spoils among themselves, induced the Natchez to precipitate the day agreed on for the massacre. But we give, among many simUar narratives, the foUowing from the notes of Col. Anthony Hutchins, who visited the district in 1772. He selected a settlement on St. Catherine creek. Soon after he fell in with, and secured the attachment of an Indian, who claimed to be of the Natchez tribe. He advised the Colonel to give up his settlement, and offered to show him "a sacred place, guarded by good spirits, where the water was always sweet." He conducted hhn through the cane, over hills and slopes timbered with magnolia, walnut, sassafras and mulberry, treUised with grape vines, to the White Apple vihage, the hereditary residence of a chief of that name. It stood twelve mUes south of Fort Rosalie, three mUes east of the river, on a beautiful stream new known as Second creek, on what is now caUed the Homochitto or WoodviUe road. A large field had been cultivated by the Indians, and on a spacious and commanding mound had stood the wigwam of the chief The Indian then conducted him to the White Cliffs, (since known as Ellis' cliffs) on whose lofty brow, frown ing over the whirling waters beneath, had been the village of the noted chief, Terre Blanche, or White Earth. "When the French first came," said the guide, ' 'they were welcomed; and the white and the red men were brothers. But after a while the French, not content with the use of what land they desired and a liberal share of the crops, coveted even the fields where these crops were grown. They ordered the chiefs to abandon their villages and fields, that the white people and their slaves might occupy them. Dreading the power of the French and frightened by their menaces, our chiefs consented to go, but beg ged for tirne to harvest their crops, then not matured. The command ing officer granted only a month. Finding that they were to be starved as well as exiled, my fathers resolved on resistance. They dispatched runners to the Chickasaws and Choctaws, to invite their co-operation against a common enemy. Twenty days were to transpire before the three tribes, having united, were to make a simultaneous attack. That no mistake might be made a quiver of twenty arrows was sent to each tribe. One was to be withdrawn and broken every morning before they resumed their march. At day-break on the morning when the last of the twenty arrows should be broken, the three tribes would commence the attack, and equally share the spoils. The quiver of the Natchez was deposited in the Temple of the Sun, and it was the duty of the guardian to withdraw an arrow every morn ing and consume it in the sacred fire. Only the great chiefs and the Territory and State. 49 princesses of the blood royal had the privilege to enter this consecrated edifice. One of these princesses, Stel-o-na, the beautiful daughter of White Apple, loved the Sieur de Mace, a heutenant of the French, and hoping to save his life and not dreaming of the destruction she was bringing upon her people, she disclosed to him the fatal secret. He communicated it to the commandant, who rejected the story, and put de Mace under arrest. The Princess then entered the temple, and clandestinely abstracted two arrows from the quiver. This precipitated the attack before the Choctaws, who were on the march, could arrive at the point of rendezvous. A general massacre of the French en sued. The Natchez monopolized all the rich spoUs themselves. This disgusted the Choctaws and they united with the French to exterminate the Natchez." Bartram,^ the naturalist, in his travels through Florida, says that in 1777, he visited an [aged French planter at Point Coupee, who said he was residing on a plantation, near Natchez, when the massacre com menced, and was one of the few that escaped. His narrative coin cides with the one given to Col. Hutchins. Bossu, an early traveler in Louisiana, mentions the incident of the young Natchez girl and her French lover, de Mace. Du Pratz professes to have had an interview in New Orleans, with the female Sun, "Stung Arm," an aged woman, who told him what she had done to save the French, and that, at the risk of her life, she extracted two arrows from the quiver in the temple. A young girl, like the princess Stel-o-na, might have done this for such a lover as de Mace, but not an old woman with one foot in the grave ! Du Pratz was a man of influence, and if he credited the story of the "Stung Arm," it is singular he did not report it to the Governor, and prevent her being deported and sold, with her brethren, into slavery. It is not at all probable that the Choctaws ever entered into an alli ance with the Natchez. There was no affinity between these tribes, and they were jealous of each other. The Choctaws had been always the allies of the French, who had encouraged them in their wars with the Chickasaws. Delegations of their warriors constantly visited Fort Toulouse, Mobile, BUoxi and New Orleans, and were kindly enter tained. And the first step that Perier had taken, when he determined on war with the Natchez, was to dispatch Le Seur, a favorite with the Choctaws, to solicit their co-operation. The Natchez had an exagger ated notion of their own prowess and felt themselves able to contend with the French, without allies, at least none other than the Chicka saws, whose assistance, it is probable, had been promised. The sudden retreat of the Natchez cannot now be explained. They had succesfuUy resisted the French, who having obtained the prisoners' had dismantled their batteries and withdrawn from their position on the hill to the bank of the river. They had been, in fact, defeated, and were preparing to retire, when to their astonishment, it was found that the Natchez had fled. The flight of 'the Natchez and the surrender of their country, by no means subdued their animosity against the French. They assembled near what is now known as Trinity, in the parish of Catahoula, La. , just above the junction of Littie river with the Ouachita, which is then styled Black river. There stands an imposing mound, regularly ter- 50 Mississippi, as a Province. raced, monument of the pre-historic race, environed by smaller tum uli, by whom built or for what purpose was not known to the fugitives •who halted there, nor is it known to us of the present day. There are no ditches, no circumvallations, nothing to indicate a battle-ground, only these mysterious remains of an unknown people. The fugitives halted there because it was the first high ground sufficientiy remote from the French ; it was a pqint accessible to the scattered remnants of their tribe ; and convenient to retreat from in the event of pursuit. Most writers assign this as the place where they were, subsequently. beseiged and defeated, but no evidence of such a battle has ever been found there. On the battie-fields of BienvUle and De VaudreuU in the Chickasaw country, and on the trail of De Soto, from Florida to the Mississippi, fragments of armor, copper breast-plates, lance-heads, broken swords, balls of iron and lead, have been frequently found, but no such relic hasbeen discovered at Trinity. The Natchez remained there, however, long enough to make a descent on the Tunicas, the allies of the French, and nearly extermi nated them. They likewise closely watched the Mississippi and Red rivers, and ambushed many Frenclimen going to and from the different posts. Governor Perier had been steadily making arrangements for a deci sive campaign against these unrelenting enemies, and was only waiting for re-inforcements from France. He occupied this interval in a war upon the Choacas, a tide water (and now forgotten) tribe, whom he strangely suspected of complicity with the Chickasaws ! Very injudi ciously he organized a battalion of slaves, and led them to the slaugh ter of the Indians. Having tasted blood these Africans, like other carnivora, relished the flavor and plotted an insurrection, which Perier summarily suppressed by impaling the leaders. CHAPTEE Till. I ITH 650 men, collected from the several posts, and 180 French marines, Perier set out, November 15th, 1732, from New Orleans, to pursue the Natchez, whose bloody onslaught on the Tunicas had revealed their hiding place. He was joined on the route by 400 Choctaws. The Natchez, duly apprized of his movements, abandoned Trinity, and retreated to what is now known as SicUy Island, in the present parish of Catahoula, La. In locating the battie- ground on Sicily Island we adopt the views of Judge J. G. Talia ferro, of Louisiana, a close observer who had studied all the authorities on the subject, and personaUy inspected the ground We are indebted to his son, D. W. Taliaferro, Esq., for the foUowing interesting paper : THE NATCHEZ INDIANS — MISTAKES OE HISTORY. It is a commonly received opinion, based upon the conjectures of several authors, that the Natchez tribe of Indians, on leaving the eastern side of the Mississippi, established themselves at the mouth of Little river ; that the an cient works, such as mounds, ditches, levees, etc., seen at that point, were made by the Natchez to serve as a fortification by which to protect themselves against their deadly enemies, the French. The accounts w-e have of the war of extermination waged reciprocally against each other by the early French settlers of Louisiana and the Natchez Indians, are in the main no doubt correct. From these accounts we suppose it true that at no great period of time after the taking of the French fort Rosalie, on the eastern bank of the Mississippi, where the present city of Natchez stands, and the butchery of the French, a large portion of the Indians retreated west of the Mississippi, upon the appearance of a reinforcement on the part of the French. Their departure, it is stated, occurred on the 25th February, 1730; that about two years after, in January, 1732, they were attacked by the French in their strongly fortified position at the mouth of Little river, and completely routed, many of them being taken prisoners, and afterwards made slaves. We may bear in mind that before they left the eastern side of the Mississippi the Natchez had been weakened by a bloody war against the French and Choctaws combined ; that a part of the tribe did not cross the Mississippi, but joined the Chicka saws who were friends of the Natchez. Now, it is exceedingly improbable that a fragment of an Indian tribe, ex hausted by a war they were unable to maintain, without means of any kind, and dependent upon hunting and fishing for a subsistence, could, in the short space of two years perform works of the magnitude and extent of those at the mouth of Little river. No indications, we believe, have ever been discovered .at that point making it probable that a battle was ever fought there. True, a mass of human bones lies on the margin of Little river, within the supposed 52 Mississippi, as a Province, fortification, but human bones are frequently found in masses in small rnounds making it evident that it was a custom of the mound builders to deposit num bers of their dead in the same spot. Monette, in his "Valley of the Mississippi," following Martin and Stoddard, has propagated pretty widely this statement of the fortification and battle at the mouth of Little river. The account is entirely erroneous. It was not at the mouth of Little river that the Natchez made their stand. They posted themselves on the elevated table land of Sicily Island, on the spot now included within the plantation of Dr. Henry I. Peck, on the margin of the bluff, about three miles from the upper end of Lake Lovelace (or Lake Louis). It was there that the Natchez had their encampment, and as we believe, without any forti fication, as nothing now exists that indicates that they had an intrenched camp. It was there that the battle was fought ; for there grape-shot, and cannon balls and leaden bullets have been picked up. These indications have been numerous and are still found there. That the place last named is the spot where the Natchez were encamped, and where the confiict between them and the French occurred, we have long been satisfied. This view is confirmed by "The History of Louisiana, or of the Western Parts of Virginia and Carolina," translated from the French of M. le Page Du Pratz, published in London, in 1774. This work is embellished with two maps, one of a large portion of the Continent, the other of Louisiana alone. The author, it seems, was a resident planter in Louisiana for sixteen years, about the period of the war between the French and the Natchez Indians ; he was moreover, an owner, or director, of the public plantations in Louisiana during his resi dence here. Pie states, specifically, that he was continued in the inspection of the Natchez colony, post or plantation, in 1730, "as before." This man's posi tion gave him an intimate acquaintance with the stormy events that occurred in that colony at that time, and afterwards. A few extracts from this work will tell the story as to the place of the battle. In his account of the Ouachita he calls ii. throughout its whole extent "Black river." He says, "it is called the Black river because its depth gives it that color, which is moreover heightened by the woods which line it. It is some times called the river of the Ouachita's because its banks were occupied by a nation of that name who are now extinct. I shall continue to call it by its usual name." "After we had gone up the Black river about thirty leagues, we find to the left a brook of salt water, which comes from the west. In going up this brook about two leagues we meet with a lake nf saltwater which may be two leagues in length by one in breadth. A league higher up to the north we meet with another lake of salt water, almost as long and broad as the former." This "brook, about thirty leagues up Black river, coming from the" west," is clearly Little river. The lake about two leagues up it is the Catahoula Lake, which the indistinct knowledge of that day described as two lakes. The water at times may have been brackish, as it is well known there are saline springs on Little river above the lake. The author proceeds : "Ten or twelve leagues above this brook is a creek, near which those Natchez retreated, -(vho escaped being made slaves with the rest of their nation, when the the Messrs. Perier extirpated them on the east side of the river, by order of the Court. " In his account of the retreat of the Natchez, the pursuit of them by the French, etc., he says : "M. Perier, Commandant General, zealous for the service, neglected no means whereby to discover in what part the Natchez had taken refuge. And, after many inquiries, he was told they had entirely quitted the east side of the Mississipni, doubtless to avoid the troublesome and dangerous visits of the Choctaws ; and'in order to be more concealed from the French, had retired to the west of the Mis sissippi, near the Silver Creek, about sixty leagues from the mouth of Red river." And afterwards he continues : "The Messrs. Perier set out with their army in very favorable weather and ar rived at last, without obstruction, near the retreat of the Natchez. To getto that Territory and State. 53 place they went up the Red river, then the Black river and thence up the Silver ereek, which communicates with a small lake at no great distance from the fort which the Natchez had built in order to maintain their ground against the French." This Silver creek is Bayou Louis. The "small lake it communicates with," is Lake Lovelace (or Lake Louis) — and the fort "at no great distance" from the lake is Dr. Peck's plantation, where the Natchez were encamped and where the battle was fought. We may add that upon both the author's maps the place of encampment of the Natchez is conspicuously marked and designated "Ft. of the Natchez destroyed." And this "fort destroyed" on the map is on the east side of the "Wachitas," or Black river, and by the apparent ^scale of the map, about .twenty miles from it. The following letter, written by the la^e T. A. S. Doniphan, of Natchez, in 1859, gives some interesting detaUs, as to SicUy Island: I have made some inquiry as to the settlement of this comparatively old country. I find that at the time of the surrender of the Spanish government .at Natchez, to that of the United States, there was a large American population already settled and living upon this island. This pioneer community was com posed of gentlemen of respectability, easy fortunes and cultivated tastes and manners. They were the Holstiens and Lovelaces from Virginia; the Kirk- lands from South Carolina, and the Leightnors from one of the New England States. They came here with many negroes, and large grants of land from Governor Gayoso. The descendants of these people are still here occupying the places their fathers died on and own nearly the whole landed property of the Island. The manner of immigration hither was over the mountains to the head waters of the Ohio and down the Mississippi, in the ancient "broad horn," to the Natchez country. The eastern margin of the island is an abrupt bluff bank about ten feet above the spring floods, washed at that season by the turbid waters of the Mississippi, which find their way here through Bayous Magon, Tensas and Fool rivers; and pass off by Lake Louis and Bayou Louis to the Ouachitta and thence to the Mississippi again. Upon this bluff bank, at a point where the waters of the Mississippi first strike it, there are the evidences of a great battle or a large military encampment. These evidences consist of the remains of arms, accou trements and projectiles scattered, within the recollection of many now living, in great profusion over quite a large area. Bomb shells from fifteen to sixteen inches in circumference, cannon balls and grape-shot, ounce leaden balls, flints of large sizes, broken swords, ^muskets and pistols, with various other imple ments of war, have from time to time been picked up. This encampment or battle ground is on the land of Dr. H. I. Peck, who has many of these relics, among them a bomb shell fifteen and a half inches in circumference. Large ¦quantities of broketi bomb shells are still to be found, and in early times it was so prolific in lead that but little was bought by the citizens here, most of them preferring to pick it up from the battle ground. Those now picked up are so •corroded by time and weather as to leave, on being melted, a shell like that of an egg. DR. KILPATRICK'S STATEMENT. Dr. Kilpatrick, now of Navasota, Texas, a close observer, visited the pla,ce in 1851, and says : "When the Lovelace family first settled up Sicily island in 1802, they found ihe remains of an entrenchment on the border of King's lake, at the foot of ihe hluffs. The breast-work was about four feet high. Dr. Kilpatrick found there ihe remains of a gun lock, some gun flints, a number of ounce balls, all more «r less flattened and battered, a piece of iron rod, u, copper arrow barb having a socket to fit on, a large arrow, with many of the ordinary Indian flint arrow- points. Many gun and pistol barrels, fragments of bomb shells, and some can- "non balls have been picked up on the same ground. Pigs of lead, two feet long were found there in digging a ditch, and several bars of iron, which Mere sub- 54 Mississippi, as Province, sequently used by Edward Lovelace in building the first gin erected in the- parish. The musket balls were coated with a thick oxide, and were so plentiful that the early hunters used to resort there for a supply of lead. A spherical ball was found, having a loop for a handle, and a rattle inside. Its tone was very clear. Musket balls were found imbedded in an aged cypress tree that stood within the entrenchment. The Indian tradition was that their fathers said a great battle had been fought there, between the white and red men many years before. (Catahoula should read Catahoula ; Tenas R. should read Tensas R.) statement of dr. henry i. peck, a. b. Battle Ground Plantation, 1^ Sicily Island, Catahoula Parish, La., March 0th, 1S78. j The last stand of the Natchez was made here, on the south-west end of a small lake, which makes part of tho eastern boundary of Sicily i.sland. The bluff, at this point, is some thirty feet above the level of the lake, with a deep ravine on the south and west. They threw up an entrenchment which could be traced as late as 182.5, The position is just forty miles from Natchez across the swamp. To reach them Perier asci'iided the Mississippi to the mouth of Red river; up it to the mouth of Black river. Up Black river (which is really the Ouachita) to the mouth of bayou Louah, twenty-three miles above Trinity and three above Iliirrisonburg, Up bayou Louah to lake Louah now styled Love lace's lake. He disembarked his troops at the present steamboat landing on Lovelace's lake, and marched due north, up the bluff' of the island, to the Indian entrenchment. From their strong position, and the skill they had acquired. Territory and State. 55 from the French, in the construction and defence of fortified positions, he found he could only carry it by regular investment or by strategem. By a shameful act of perfidy he got possession of the Natchez chief, and then opened n furious attack on the camp. The details of the fight and its sequel have often been re corded. It is to identify this point as the last great battle ground of the Natchez to which you have directed j'our inquiries. The war material found here is conclusive as to its having been the scene of a great conflict, in which European soldiers took part. Fragments of shells, indicating a diameter of from four to six inches, were profusely scattered over the field ; the outer plates of gun locks, almost destroyed by oxidation ; fragments of pistol barrels, great numbers of gun flints of very fine silex ; a chain shot that still weighs three pounds, eleven ounces, and musket balls so numerous that our early hunters obtained their lead on the premises. These balls were so encrusted with oxide that when melted each one left a white shell like an egg-shell. Many irons resembling mill irons, fragments of crockery and pottery, ordinary Indian arrow-heads." Dr. A. H. Peck, of Claiborne county. Miss., a gentieman of culture, who has often examined the field, has many of these relics in his possession. Some writers, who contend that DeSoto died near the mouth of Red river, conjecture that Sicily island was on..; of his battle fields; but the few fire-arms he had were matchlocks; and on this field were found very many musket flints, not in use in the time of DeSoto, nor for many years afterwards. In this stronghold, about the 20th January, 1732, M. Perier found the Natchez. He planted his batteries, and for three days kept up a regular fire. On the 25tli the besieged proposed terms which were declined, unless they first surrendered the Great Sun and the principal war chief This was, in their desperation, acceded to, not at all in consonance with that devotion to his person, and his authority, they have been accredited with. Perhaps he was a second Curtius, and foreseeing the butchery that would follow the storming of his camp, offered himself a sacrifice to save his people. Surprised at this con cession, Perier, with bad faith, demanded more ; and they agreed to surrender to him sixty men and two hundred women and children, on condition that their lives should be spared, and that he withdrew his artillery. This proposition was answered by a renewal of the cannon ade, which was vigorously kept up, until terminated at nightfall by a terrible storm of wind and rain. Under cover of this, the Natchez abandoned their position. The Indian auxiliaries of the French captur ed a number, but the greater part escaped into the adjacent morasses. Perier returned to New Orleans, with numerous prisoners, who, by instructions from Maurepas, prime minister, were shipped to St. Do mingo, and sold. He wrote to Perier that there was no other way to pay the expenses of the expedition. Those that escaped, and many who were scattered through the country, assembled, in the course of the year on Red river and soon after attacked the French post of Natchi toches, then under command of St. Denys* — Fort St Louis de Car- borette, built 17 19, (under the American dominion known as Fort Claiborne). For three hours they assailed the defences, but, after a bloody fight, suUenly withdrew and took possession of the village of the Natchitoches Indians, who had sought shelter in the fort. There ¦¦•¦St. Denys came to Biloxi from France in 1699 ; was sent to explore the Ou.i- chita, Red river, Yazoo and Arkansas, and to watch the ojierations of the Span iards and Mexicans to the westward. His adventures in Mexico; marriage, im prisonment, escape and return to Biloxi iu 1719, have the interest of romance. He was a man of liberal culture, brave, enterprising, gallant and gay. 5 6 Mississippi, as a Province. St. Denys, in turn, attacked them before they could complete their preparations. They resisted, with all the fury of despair ; the French, with a determination to conquer or perish. Not until the houses were all on fire, and most of their warriors had fallen, did the Natchez think of retreat, and then they plunged into the swamp, this remnant of a once powerful people. Their story has been perpetuated by many historians, and in the romances of Chateaubriand, and their peculiar name by the historic city that sits in sadness and beauty on the site of their ancient capital.* "*"The Natchez were at the head of a confederacy which, at one time, embraced the Tensas, Yazoos, Kourous aud other tribes. They claimed to have had sixty villages, eight hundred Suns or princes, and flve thousand warriors. But these had greatly diminished before the advent of the French. The few that escaped found refuge among the Chickasaws and the Muscogees or Creeks, where they could be traced for many years, and produced the "great Natchez chief," (so styled in various treaties,) and other renowned warriors. OHAPTEE IX. Cy\^-;:— 1^ BOUT this time (1732) the Western Company, which /5-?^^/S)"S had controUed the colony since 17 17, having become bankrupt, surrendered its franchishes, and the King took it under his charge. 1735. The veteran Bienville, who had been residing in retirement in France, was reappointed civil and military fy^ governor of Louisiana, and early in the fall he arrived in New Orleans. Though old and infirm he still coveted glory, and came resolved to strike an effective blow against the Chick asaws, the prinle instigators of the Natchez massacre. British traders from Charleston and Savannah had penetrated their country at a very early period. Their villages extended from the Cumberland to the Tennessee, and thence to the Mississippi, and the head-waters of the Yazoo and Tombigbee, then abounding in game, now one of the finest agricultural districts in the world. They were an aggressive and martial people, frequently at war with the Choctaws, Cherokees and Creeks, their neighbors, and occasionally undertaking expeditions against the Shawnees, and other remote tribes. They were not so numerous as their neighbors, owing to their incessant conflicts, but as warriors they were most renowned. Though ostensibly at first friendly with the French, and occasionally sending delegations to Biloxi and Mobile, they early fell under British control, and may be almost claimed as a British colony. British traders, chiefly Scotchmen, who had served in the army at an early day, estabhshed there depots of merchandise, which they exchanged for peltries carried on pack horses to Charleston. These traders usually married into the famUies of the chiefs, and soon established a controUing influence. In 17 15, Captain Young, a British officer, visited the Chickasaws, and had a grand council with the chiefs, in the interest of the king, his master. He passed through the territories of the Chocchumas, Tchulas, Kourous or Yazoos. to the Natchez villages, where he halted a week. During that time M. de Ursins receivetl orders from Gov. Cadillac to arrest the traveler. Perricaul says, M. de Ursins dared not execute this order in the village of the Natchez, for fear of giving offence, and it was determined to ambuscade him on the river. Before leaving the viUage, M. de Ursins resolved to have an inter view with him, in order to discover his designs. Having approached him, he asked him, if he had come to make any purchases among the 58 Mississippi, as a Province, Natchez. He replied, very frankly, that he with two other EngUsh men, had visited the Natchez for the purpose of purchasing peltries, and that it was his intention to go among the Colapissas on his way down the river, thence among the Choctaws, where he had a depot of merchandise and peltry, and from thence would return by land into Carolina in company with the other Englishmen, who were, like himself, engaged in traffic with the Indians. Perricaul further relates how M. de la Ursins said nothing to the unsuspecting Englishman at the time, but allowed him to take his de parture unmolested, after which he stealthily descended the river, and laid in wait for him at Manchac, where, with the assistance of some Tensas Indians, he overpowered and arrested him. He says : ' 'We found him oc cupied in sketching, and he was much surprised to see us approach, armed with muskets, and yet more when M. de Ursins informed him that he had an order to arrest and conduct him to Mobile. He observed that the two countries were at peace ; that they could find nothing to re proach him for ; and that if it were exacted of him to go, it must be done by force. M. de Ursins, who had orders to take him dead or alive, replied that he arrested him in the name of the King, and at the same time seized hold of him. He endeavored to make some resis tance, but uselessly. We embarked him in one of our canoes, and gave up the merchandise found in his canoe to the Tensas. Then we conducted him to Mobile without stopping, where we delivered him up to M. de Bienville." The hapless English officer was after three day's detention liberated by the French authorities, and on his return trip to Carolina, while passing through the country of the Ahbamions, was slain by the Indians. "I found among the Natchez," Perricaul further says, "some Indians belonging to the nation of the Chaounons (Shewanees,) who had been captured by a strong party of Chitachas, Yazoos and Natchez, "ivho under the pretext of visiting their viUage for the purpose of dancing the calumet of peace, had attacked them in the most base and treach erous manner, and killed their Grand Chief, with most of his family, took eleven prisoners, among whom was the wife of the chief, and brought them to the Natchez, where they were treated as sla-^'es. I used all the efforts in my power to have them liberated but was unsuc cessful. I was very much astonished to meet three Englishmen there who had come with the intention of purchasing them as sla-ses. They are the cause of exciting these savages to war with each other, as it enables them to purchase a large number of slaves, whom they con vey into Carolina to work on their plantations." A few years afterw-ards the Chickasaws made a persistent effort to organize a coalition of the tribes against the French, which culminated in the massacre at Natchez, and on the dispersion of that tribe they received the refugees, and united with them in pillaging and murder ing every Frenchman they could intercept on the river. The Chickasaws, on their part, complained that the French had instigated the Choctaws to attack them, and strongly suspected them of comphcity with the Choctaws in the treacherous murder of their party in 1705, when under a French escort; and they insisted that in giving asylum to the Natchez refugees they had only exercised a cus tom universaUy practiced by Indian communities. Six days after Bienville landed, he dispatched an agent to the Chick- Territory and State. ^g, asaws, to demand the delivery of the refugees. The noble answer was : "They have come to us for shelter, and cannot be surrendered." 1735. The French commander instantly determined on war. Hi&. plan was to penetrate the heart of the Chickasaw nation by the Tom bigbee river, and to caU a co-operative force from the posts of the Illi nois, to form a junction at a point to be agreed on. He dispatched Capt. de Lvsser with sixty men to (what is now caUed) Jones' bluff on the Tombigbee, to erect a fort and depot and to coUect supplies for the expedition. And he sent Capt. Le Blanc Avith orders to M. d' Artaguette, commandant of the Illinois, to descend the river with as. many French and Indians as he could muster and meet him on the I Gth May. 1736. BienviUe left New Orleans, March 23d, with an army by no means well organized, including one company of negroes commanded by Captain Simon, a free mulatto. After many delays he reached Jones' bluff His force consisted of some six hundred whites and five hundred Indians. He set out both by land and water. May 4th, and halted on the 23d at what is now known as Cotton Gin on the Tom bigbee river. Here he erected a stockade and threv/ up some en trenchments.* A temporary halt at Cotton Gin was perhaps necessary, but it was too protracted, and gave the Chickasaws ample^time for preparation. He finally advanced in two column.s, in a north-easterly direction with the Choctaws on his flanks. The weather was wet and the nature of the prairie soU made his march slow and fatiguing. May 20th he found himself near an Indian town, caUed Ackia, strongly fortified. with palisades and earthworks and the British flag displayed. He camped that night on a small lake near the mouth of Yahnubbee creek, in the present county of Lee, where he threw up an entrench ment, which may still be traced. Early next morning the Choctaws,, eager for plunder, made a rush upon the town without orders from- Bienville, but were driven back by a galling fire and so demoralized that they rendered no further assistance. The French general seeing the strong character of the works, and know ing that the Indians were directed by English traders who had experience in war, was disinclined to attack until reinforced by d'Artaguette, but he reluctantly yielded to his young officers, and particularly to his nephew, the Chevalier de Noyer, who thought not of hazard but of -•¦ Jlr. J. H. Bailey, of Monroe county, Mississippi, informs me that Cotton Gin was called by the Indians Tollama-ioxa, signifying where "he first strung the bow," and in reference to Bienville there beginning his expedition. The name of Cot ton Gin was given to it from a gin having been erected there by the U. S. for the Chickasaws. The vestiges of three fortified positions may yet be seen at this point on the Tombigbee, erected doubtless by Bienville and Vandreuil. One on the left bank, one oa the right bank and another on the right some three hundred yards to the southwest and about the same distance from the bank of the river. it stands on what was probably an ancient mound, some seventy feet square, and .still three or four feet above the general level. The entrenchment might be dis tinctly traced a few years since, though large trees were growing on it. The fort on the right bank has caved iu, though it is within the recollection of the early citizens that the entrenchment enclosed an area of some six acres. The fort on the east bank has suffered in the same way. About a mile south of this entrench ment there was found, in 1833, two large boxes of ounce balls imbedded in the mud. Near by is a deep place in the river called the Cannon Hole, into which, it is said, the French threw several pieces of heavy cannon. Northwest of the fort is a place known as the Boneyard, from the human bones found there when the country was first settled. 6o Mississippi, as a Province, glory. At two o'clock the assuaUing party, consisting of fifty men from each of the companies, fifty Swiss, a company of French gren adiers, and thirty volunteers, led by de Noyer, advanced to the assault with loud cries of "Vive le Roil" The Indians had enclosed their building with a palisade of stakes driven deeply down. Inside of this palisade was a pit deep enough to protect the men who stood there to defend it. Loop holes to fire through were cut in the stakes. The tops of their houses were plastered with mud, to prevent the French firing them. Thus each house constituted a separate fortress, and they were so placed as to throw a converging fire. The advance was made under the protection of a sort of portable breastwork, called mantelets, carried by negroes, who at the first fire seeing several of their number fall, fled in dismay. The chevalier de Centre Coeur waved his sword and placed himself at the head of the grenadiers, but was instantly kUled. Capt. de Lusser fell about the same time, and the dead and wounded lay thickly around. The troops, panic-struck, sought shelter in two houses they had taken. The officers having vainly attempted to raUy them, formed themselves into a forlorn hope, with a small party of grenadiers, and rushed within the works. They were met by a terrible fire. De Noyer, Grondel, D'Hautrive, De Velles, Ville mont, Montbrun, were severely wounded. De Juzan, aid to de Noyer, was killed. A party of Chickasaws rushed out to scalp Grondel. Five grenadiers dashed forward to defend him, but were instantly killed by a volley from the nearest Indian cabin. But at the moment, and before the smoke of the voUey cleared away, Regnisse, a French sergeant, had siezed the wounded officer and carried him to a place of safety. The French now fell back under cover of the few cabins they had seized, and De Noyer despatched an officer for reinforcements to carry off the wounded, while he kept the enemy at bay. The Chev alier Beauchamp came with two companies, and rescued many of the wounded, but owing to the severe and concentrated fire from the for tified houses was compelled to leave a nuinber behind. The conflict had lasted from noon till sunset ; only four of the houses had been stormed, and more than one hundred and fifty brave men had fallen. Bienville, notwithstanding this disastrous repulse, did not forget the gallantry of Regnisse. In his own tent, in the presence of his surviv ing ofiicers, he applauded his intrepidity and offered him the commis sion of lieutenant. The gallant fellow modestly declined. He said he could not read or write, and was therefore not fit for an officer, and had only done what all of his comrades were ready to do. Next morning a ghastiy spectacle was seen. The dead and wound ed left on the preceding evening had been quartered and their man gled members hung on the points of the palisades. The French offi cers clamored for vengeance, but BienviUe, having left his heavy pieces on the Tombigbee, and finding the Choctaws unreliable, ordered an immediate retreat, but they made only four mUes that day, May 27th. They had neither wagons nor ambulances, for their provisions, and there were many wounded to be carried by the soldiers. The Choc taws, who had precipitated the attack and done littie of the fighting, complained of this dilatory march, and refused to assist in bearing burdens or the wounded. In this they were encouraged by Red Shoes, a chief of the Six Towns, one of the most treacherous leaders Territory and State. 6i of the tribe, with a strong inclination for the British alliance. By ex erting his personal influence to the utmost, Bienville prevailed on the head chief of the Choctaws to remain and assist his wounded. Had the Chickasaws pursued at this juncture, the French would, in all probability, have been annihilated. May 28th, when the fugitives reached the Tombigbee they were dismayed to find the river so reduced by a rapid fall that it would soon apparently cease to be navigable. They cast their heavy cannon into the river, hurried on board, and about the 2d June reached Fort Tom- becbee at Jones' bluff. Thus closed this ill-planned, ill conducted and inglorious expedition, only redeemed by those acts of personal gallantry for which the French in all ages have been distinguished. The most distressing portion of the story is yet to be related. D'Artaguette had set out from Fort Chartres, on the Illinois, with one hundred French and Canadians and a strong detachment of In dians and arrived at the Chickasaw bluffs on the 9th May, one day before the time designated.* He had expected to be reinforced there by Grand-pre, from the post of Arkansas, but by some inadvertence this junction did not take place. Hearing nothing from BienvUle, and his Indians becoming impatient and threatening to withdraw, and being in want of supplies, he advanced into the nation, and on the 20th May attacked a village supposed to be occupied by Natchez refu gees, and to be well stored with provisions. WhUe assailing the ene my in front a detachment of five hundred Chickasaws, supported by thirty Englishmen, attacked him in his flank and rear so suddenly and fiercely that most of his Indian aUies fled from the field. His gaUant officers, D'Essarts, St. Ange, De Conlanger, De la Graviere, De Cour- tigny, Langlois and Levieux, fell at the first fire, and orders were given to fall back to camp. But the enemy, in vastiy superior numbers, rushed upon them with their tomahawks. D'Artaguette fell severely wounded, and Capts. Dutisme, Lalande, Vincennes, Father Senac, their chaplain, and fourteen soldiers were captured. The few that escaped were led by Voisin, a youth of sixteen, who having bravely fought until the retreat was ordered, now took command of the fugi tives and succeeded in reaching the boats. The Chickasaws treated their prisoners kindly, intending to use them to secure terms with the great French general then advancing into their country, from whom they had everything to fear. With the arms and ammunition captured on the field and in the camp of D'Ar taguette, they fought and defeated BienvUle six days later. This seal ed the fate of the prisoners. Ten days afterwards, all but one, who was permitted to go to BienvUle to relate the horrid event, were strip ped and pinioned to stakes and roasted to death by a slow fire. _ They chanted the miserere, and Father Senac to the last moment of his mar tyrdom whispered the consolations of religion. ' 'The ashes of these "»A11 the writers on this subject assign the lower Chickasaw blufl' as the point where D'Artaguette landed and from which he marched. But the Rev. Dr. Pat ton, a distinguished scholar, in his centennial address at Tupelo, Miss, says : "He landed at the mouth of Bear creek, a tributary of the Tennessee." Dr. Patton resided in Lee county, has made the Chickasaw traditions a study, and is a recog nized authority in all such matters. -62 Mississippi, as a Province. young heroes, and of this devoted priest," says Dr. Patton, "now -mingle with the soil of Lee county." Bienville's battle occurred on what was afterwards known as the ¦Chickasaw Old Fields, thirty miles northwest of Cotton Gin and about three mfles northwest of Tupelo, only a few mUesfrom the Great Council House of the tribe. When repulsed his troops retreated along the ridge, where Tupelo now stands. A fragment of cannon, and of •other weapons, have been found to indicate the line of retreat. "The Chickasaws," says Dr. Patton, "pursued them as far as Chiwappa creek." CHAPTEE X, AD he been wise, with this disastrous campaign, the veteran BienviUe would have closed his military career. But, if his energies were impaired, he had retained his tenacity and pluck, and he forthwith applied for leave to organize another expedition. 1737. The Chickasaws, on their part, sought a close alliance v.-ith the English, and sent a large delegation to Gov. Oglethorpe at Savannah, with the bloody credentials of their recent victory. ¦y 1738. The year was chiefly spent by BienviUe in organizing his forces for the coming campaign. His plan was to ascend the Mississippi to the mouth of the St. Frances, which was to be the gen eral rendezvous and depot of supplies, and thence cross to the Margot (Wolf) river, and attack them in the heart of their country. The jDlan was exceUent, but no proper estimate seems to have been formed of the difficulties of transportation in open boats, of the sickness sure to follow exposure, and an imperfect commissariat. 1739. Towards the last of June, BienviUe landed at the depot at the mouth of St. Francis, the best point and period he could have selected for malarial fevers, which soon decimated his army. Soon afterwards the Chevalier de Boursoniere, commandant at Fort Chartres (St. Louis,) with a troop of Canadians and Indians, arrived, foUowed by M. Celeron and M. Laurent, with a detachment from the Illinois. " His force," says Martin, " was about 1200 whites and 2,500 Indians and negroes;" an array, properly directed, sufficient to expel the Chickasaws from the country they occupied. It was the last of August before the French general concentrated his army near the mouth of the Margot, and where he built a rough structure called Fort Assumption. And by this time sickness and death were mowing down his men. His provisions failed, and new supplies had to be obtained from New Orleans and from Natchitoches before a movement could be made. There were scarcely well men left to guard the fort and the hospital. 1740. About the 20th March, whUe the army stiU lay inactive at the fort, M. Celeron, an enterprising officer, was sent out with a strong detachment of Canadians and Ilhnois Indians, ostensibly in search of the enemy, but, doubtless, with secret instructions to make terms, if practicable. The Chickasaws, considering this merely the advance 64 Mississippi, as a Province, guard, estimating the strength of the army by the strength of the advance, and that its whole force would be hurled against them in a few days, made overtures for peace. Upon the invitation of M. de Celeron, a delegation of war-chiefs accompanied him to the fort, where a formal treaty was made. We insert here the journal of an officer who arrived from France in 1739, with the troops under M. de Nouaille, and accompanied the expedition to the Chickasaw bluffs, which has been translated from a MS. obtained in Paris by Col. B. F. French.* It gives interesting de tails of the tedious voyage up the river, and an inside view of the management (or rather mismanagement) of an army at that period, and sheds much light on the customs of tlie savages and their conduct in war. JOURNAL OF THE CHICKASA WAR. Monday, June Sth, 1739, the fourth day of our arrival at the " Balize," at the mouth of the Mississippi, the companies of Pepiret, Poulcury, Vileon and Frederre embarked in different conveyances at the bar. Tuesday, the 9th, Mons de Nouaille also set out in a separate transport; the sick, together with the commands of Tremigon, Gouyon and du Theafant next embarked for the city of New OrleanSj the point of rendezvous, distant about forty leagues from the Balize. The same day, at three o'clock in the afternoon, we moved just above the Bayou Marogue, where we experienced a most awful rain squall. Wednesday, the tenth of June, we set out at break of day and moved with might and main to stem the terrible current of the Mississippi; a storm coming up from the northwest at about 7 A. M., we made a second landing, having gone three leagues of our route. At 9 o'clock we again set forth on our journey, nor stopped till six of the evening when we moored our vessels ashore. 'Tliursday, the 11th, we pursued our course, starting at half-past five in the morning, and. having encountered several boats descending the , stream, we enquired where they were going ; to which they answered they were going after such of the. troops as were still on the " Athlas." We proceeded and finally landed, at six in the evening, one league above the small prairie on the port side of .the river. Friday, the 12th inst., we crossed the river at two in the morning to avoid the rapidity of the current, and to seek a less strong one. At 9 in the evening we moored our vessels at the first plantation yet seen, belonging to Mr. Pinot. Saturday, the 31st, we cast off at 4 A. M., and passed by the Royal Transport, the same which we found a little above the plantation of Mr. Robin, having previously been summoned to arms and hoisted our flags, the compliment being returned by the royal vessel and the troops placed under arms. At 10 o'clock at night we stopped at the plantation of Mr. Barre. Sunday, the 14th, we set out at half-past three in the morning, when j\Ion- sieur de Nouailles, having directed us to take the lead along the left bank of the river, we arrived by 8 A. M., at the plantation of Mons. de la Pomeraye, Royal Treasurer, where all the |troops were rallied !in obedience to a signal from the Colonel. The entire force having been under arms since half-past 9, Mons. de Nouaille, the Colonel in command, passed it in review. At 10 o'clock we re-embarked and proceeded on our course as far as the Brewery, which is within cannon reach of the city. There we landed, it being a quarter past twelve, and having been drawn up in line of battle, marched forthwith toward the city, where we arrived at 10 o'clock and were sent to the barracks to estab lish our lodgings and repose from the fatigues to which we had been subjected, both by the heat and the swift currents of the river which we had been com pelled to stem. At four in the afternoon our detachment was dispatched with the colors to the residence of Mons. de Nouaille. Our two companies from •^Translated by Fernand Claiborne, Esq., of New Orleans. Territory and State. 65-; Rochefort, which had arrived before us, having informed us they were detailed, for guard duty, it was not until the 16th that we furnished six men per com pany for that purpose, the balance of the command being in the meantime reviewed togetherwith the troops of the colony, the Swiss being on the right of all. On the evening of our arrival, we transferred our sick, at least such as were taken with the scurvy, and numbering about thirty, to the hospital on. the opposite side of the river, to which they were transported in such boats as were destined for the general use of the army. After pushing off from the bank, we lost our third surgeon, wlio was knocked overboard by the tiller. He- was never more seen, and was regretted not only by the officers, but generally even among the privat;.s. The rest of the ill were'carried to the city "hospital. They numbered about twenty, but about fifteen dav.s afterwards, the number had increased to 84. _ On Saturday, the 2,5th of July, Messrs. de Nouaille and Bienville, seeing that sixty of the soldiers had died, and that more were falling sick every day, resolved todispatch the first convoy to the fort called Assumption. It was-, composed, in all, of eleven boats, in which were distributed three companies commanded by Mr. de ^'ieuchatel, Lieutenant of Artillery, who, himself, was. in charge of a vessel pverdecked and loaded with powder and other munitions. The crew consisted, in part, of slaves and of Indians belonging to various petty tribes iu the neighborhood of New Orleans. The 11th boat (Note — The translation here is faithfully preserved — from which it would appear there were more than nine boats as before mentioned.) manned by Colonial troops and in command of Mr. Tavrot, Lieutenant of the- said troops, was placed in the lead. On the day of the departure of this convoy,, the three companies composing it were reduced "from fifty to forty -one men each,-, the total sick now amounting to one hundred and forty."* On the 22d July, intelligence was received that a number of travelers,, amounting to sixteen, and six negroes, who had started in pirogues one month since, had been attacked by a body of twenty-five or thirty savages, supposed to be Tchatchoumas, Natchez or Chycachas, encamped four leagues away from the post of the Tunicas. Three of the party only escaped to bear the news to the latter, who set out to avenge the deed if possible. On the Sth of xVugust, the 2d convoy, consisting of four of our companies, of thirty-two men each, distributed on S boats, started at S in the evening, under the command of Mr. de Belugard, Captain of Artillery, who was in charge of a ninth boat which contained the munitions. A tenth was occupied by the troops of the colony, commanded by Mr. Chaouas, Lieutenant and " chief ot" route." Of this convoy, four officers and fifteen privates were left sick at the post of the Chapitoulas, twenty-four miles from the city. On the 12th of August, we lost one officer of artillery and four soldiers after a day's illness. On the first of September, the rest of the battalion was placed under arms,, preparatory to leaving, but the boats being overloaded, we were compelled to defer our departure until the next day. The recapitulation of our losses during our stay in New Orleans shows r casualties, seventy men, and left behind, on account of sickness, fifty-eight soldiers, four artillerists, five cannoneerp, one surgeon, one armorer and six private servants. On the 2d of September, our convoy of nine boats was, in part, manned by our troops to the number of one hundred and thirty-nine men, including those in a state of convalescence. To these were added six negroes for each boat,,, besides that for the scout manned by savages. Mons. de Nouaille, in command- of the battallion, was in a large canoe, in the centre of which had been con structed a room capable of containing from eight to ten persons. For crew he had ten negroes before, and six of our soldiers rowed behind. Our convey ance- for powder, etc., was provided with eighteen negroes with an artillerist for boat swain. That same evening we landed and slej^t at post Chapitoulas, on the- right bank of the river. On the 3d, we cast loose at break of day, and encamped on the .same side of the river two leagues from the " Allemands." •*By a strange fatality the French always selected the sickly season for their ar rivals in Louisiana and their expeditions up the river. 5 66 Mississippi, as a Province, On the 4th, we moved up, and disembarked to dine with Mr. d'Arem- bourg, commander of the post " des Allemands." Here we left nine soldiers and buried one. At two o'clock we again set out, but being overtaken by a storm, stopped to encamp about three miles from the spot where we had dined. On the 5th, at day-break, we decamped and dined that day at the Colapissas village. AVe sailed at one o'clock and proceeded on our way to stop among the Bayougoulas, distant from the former about six miles on the right bank. On the 6th inst., we started at sunrise and dined at the first settlements of the Houmas, a distance of four leagues from the Bayagoulas. Thence we set out and slept at a small French habitation one league distant, on the left bank. It being still early in the day, we had the soldiers to clean and load their arms, as we were beginning to enter into the territory of the enemy, and especially as we were informed that the "Chics, ""¦¦¦" had since eight days been seen on the banks of the river between the places called "Baton Rouge" and "Pointe Coupee." On the 7th September we decamped at daybreak, and at nine o'clock arrived at the headquarters of the Houmas, where we procured twenty barrels of vege tables. Shortly after leaving we were compelled to make a landing owing to the leaking of one of our boats, which had struck a concealed snag. I quickly dispatched my boatswain to its assistance, who reached it in time to remedy the damage, and rejjlace several ribs which had been broken in. There was lost but one barrel of salt, which had been left without a bung. Two hours after wards we reloaded and pushed on, but were soon overtaken by a rain storm which lasted four hours. We therefore concluded to go no further that day, and slept on a sand-bank at three-fourths of a league from the last named nation on the right shore of the river. The Houma.s, Bayagoulas and Colapissas, are but one and the same nation in different settlements, and may be all classed as Colapissas, the first two being distinct in but one respect, their chiefs being great grandsons, the one of a Houmas, the other of a Bayagoulas, which accounts for their preserving those names, although the original tribes have long been extinct. The above united nations can furnish from ninety to one hundred warriors, as many youths and as many women. Before falling in with these we had encountered two other nations near the post "les Allemands," on the left-bank of the river, being the Ouachas and Chaouachas, numbering together thirty warriors or thereabout. These and several others are called the ".small or petty nations" owing to their very small number, and the character of their settlements which they are ever transferring from one spot to another di.stant sixty to seventy-five miles, accord ing to their caprice or the wars which they are forced to carry on. On the Sth September we set out at sunrise and passed the night opposite the first villages of the Chetimachas on the right bank of the river, having made fifteen miles. This nation is small in number, owing to the fact that the larger portion dwell with the Atatapas, who reside ou the sea-shore in summer especially and live on fish. The 9th inst., we set out at daybreak with a moderately fresh breeze and encamped at 6 p. M., on the left shore upon a sand-bank. AVe had that day buried two soldiers. The 10th we departed before day, and the wind being favorable, sailed part of the way to encamp near the right shore of the river on a large sand-bank lying half a league beyond the bend called Baton Rouge. It is only upon arriving here that the first "cliffs" are seen, they not exceeding eight or nine feet. The bend Baton Rouge is so named from tlie fact that the Houmas after a vic tory won by them over the Tonicas, planted upon that spot a baton rouge or red stick (lit. translated) to signify that they the Tonicas were never to cross it under arms or on the war-path. On thellth inst., having embarked all the troops before daylight we set out after having resolved henceforth to place an officer on guard every night, agree ably to the advice we had received on the 6th of the month. We set sail at daybreak, the weather being very threatening, and experienced a heavy rain all day without intermission, which compelled us to land and camp for dinner. We passed the night on the same spot on the N. N. W. point of D'Iberville Island, upon a large and high sand-bank, having taken the channel on the right side of the island. *Chickasaws. Territory and State. 67 On the 12t,h inst., at daybreak, we started, and dined at the extremity of the bend called the " cliffs of Davion," whence we pursued our way to spend the night on a plantation on the left bank of the river, half a league from Pointe Coupee. Here we encamped preparatory to spending a whole day. On the 13th, at 7 A. m., the troops were placed in line of battle for inspection, in order to release from service such as were unfit to take the field. "We buried one soldier of our company. The sick amounted to thirty-six, including seven servants, one boatswainj and six Swiss. On the 14th September we set out at two in the afternoon to spend the night at the fort on "Pointe Coupee," where we arrived with all our sick. At four o'clock we made the necessary arrangements to leave behind such as might be in condition to proceed with the last convoy, and to have conveyances provided for those whose health rendered it urgent that they be sent back to New Orleans. On the 15th we decamped at seven in the morning. The savages threatening to waylay us, we deemed it more prudent, after having gone but three and a half leagues, to pitch our tents upon an extensive sand-bank on the right of the river. _We set out on the 16th, at four, in the morning, and having taken to the left of the island, found the current to be extremely violent, which delayed our reaching the large settlement of the Tonicas until six in the evening. We were unable to land, owing to the damp and muddy condition of the ground, and. contented ourselves merely with placing the customary guard. This nation is the first of any considerable size which is found in stemming the river, being capable of furnishing from ninety to one hundred warriors. They have been at all times much attached to the French, although they had been compeUed four months before to send us the heads of their two principal chiefs, who had been accomplices in the assassination of several of our travelers. We observed that this nation had much degenerated in the qualities which they had origin ally possessed for war. On the 17th the roll was beat at half-past four, and we set out on our cour.se a little before five o'clock. At a distance of three-fourths of a league from our last stopping place, we discovered the mouth of Bayou La Croix, which is only navigable during the high water season, when a net saving of two days of travel may be accomplished. Some few settlements of the Tonicas were still appear ing at intervals on the left b'ank of the river. At half-past seven we encamped at the lower extremity of a sand-bank, one league in length on the right bank of the river, having gone five leagues that day. On the 18th we decamped before day to take the channel nearest the right bank, it being the largest of the three which form tv/o islands in the centre of the river. "We slept one league from Red River, on the extreme end of the grand bank which is near the right shore of the river. On the 19th we proceeded at break of day, and at seven o'clock had reached the entrance of Red River. The mouth of this stream is large and fine and extends towards the north. It is known to run from the directions of W. N. W., three hundred leagues inclining towards the Spanish possessions and passes through the land of the Nakitoches. Our nearest post upon it is distant twelve leagues from one of their villages and forty leagues from the mouth of the river. At six in the evening we pitched our tents one league from "Davion's Rock," on a lengthy sand-bank on the right of the river, having had headwinds from the east and E. S. E. all day. On the 20th at break of day we continued on our course, and by seven o'clock had reached the place called "Davion's Rock.""'* Although we had had favora ble winds, the current had been so strong that we traveled but five and one-half leagues during the whole day. We slept in our boats (having established a guard in each) and having merely secured them on the extremity of a bank to the right, where we had discovered several shirts stained with blood, and the remnants of an Indian encampment. We set out thenextday, and took advan tage of a fresh breeze, although much delayed by the unusual strength of the current, and camped that evening no further than the upper extremity of the "Grand Bank," which is above the three channels. Here we found some aban doned "Chicachas" huts. "*Fort Adams. 68 Mississippi, as a Province, On the 22d we set sail before day, and encamped at night on a bank on the left of the river, having gone near five leagues that day. At noon the officer in command of the Swiss had one of his soldiers whipped for theft. On the 23d we "decamped at daybreak and found ourselves engaged at the dinner hour among the three cliannels of the river which are comprised within the limits of the "Natchez" settlements. We took the middle one, fearing the currents in that on the left. We found here from three and one-half to four feet of water, and so fierce a current that half our boats were driven aground, the rest in the meantime having proceeded to encamp at the head of the chan nels on the right bank of the river. On the 24th, at daybreak, we dispatched a detachment of twenty musqueteers and all our ncgrucs, led by a native oflicer, along the bank to lend assistance to two of our boats which had remained aground. They joined us four or five hours afterwards only the worse for some fatigue, which determined Mons de Nouaille to allow them until three in the evening for rest, when we set out to encamp at six o'clock on the left bank of the river, opposite the "White Cliffs."- On the 2,5th we set out before day, and having dined at the head of Bienville Island, slept that night at the foot of Fort Natchez, where we pitched our tents proposing to remain several days in order to allow our troops to recuperate to some extent from the fatigues of the journey thither. This fort is in the shape of a pentagon, each side of which measures fifty steps, tolerably secured against assault by its situation, being placed at a sufficient elevation to command the surrounding country. Its glacis is of green turf and its parapet of thick oaken planks, and the inner fortification and ditch well stockaded. It is provided with some few small cannon. Its garrison consists ordinarily of fifty men and three officers. The nature of the soil seems such as to justify the settlement which we had established here in 1729, at the end of which year two hundred and fifty inhabitants were massacred by the nation, wliich gives its name to this part of the country, a portion of which tribe have become wanderers and the rest taken refuge among the Chicachats. This last is the cause of our war against the latter, and induces them to extend their expeditions to this very fort against the Ossogoulas, a small tribe of fourteen or fifteen warriors who have settled here within a short time. On the 26tli and 27th, until five o'clock of the latter day, Ave were engaged altering and arranging the stowage in the holds of" our boats, after which we were summoned to arms for inspection, and to release the sick from further duty. On the 28th and 29th we stored away some biscuit and a small quantity of fresh bread. During our stay here we had lost four soldiers. On the 30th, and in accordance with instructions received the day previous, we decamped before daybreak and had not gone more than about two leagues when we heard the firing of cannon, proceeding from the fort, which made us conjecture that Mons. de Bienville was just arriving, having learned during the previous night through one of his officers, that he was encamped at a distance from the fort not exceeding one and one-half leagues. We passed through the left channel formed by the islands called "de la Pome." We camped on the shore on the side of one of the islands, having traveled nearly four leagues that day. On Thursday, the first day of October, 1739, we set out half an hour before day and dined at "Couellard's" cypress swamp, M-ith the expectation of meet ing some friendly Indians hunting the buffalo, whence we proceeded to encamp two leagues further on a bank to starboard. On Friday, the 2d October, we decamped before daylight and the winds being south and S. S. E., and favorable, four of our boats, including that of our com mander, succeeded iu making their way past the island called Dog Island through the channel on the lett of the same and without detention on the right -of the island called "Little Gulf." Here and in the last named pass especially, we encountered for a quarter of a league extremely violent currents.f At four in the afternoon we encamped on the left shore at the head of these passes to await the remaining eight boats which had taken another channel, and had encountered currents so much stronger that flve of the eight succeeded in join- "-i'EUis' tlifis. ~ " fPetit Gulf. Territory and State. 69 ing us only at midnight. The three others, although having had the misfortune to run aground at the head of one of the islands, reached the camp at 9 olclock, thanks to the efforts of a boat-load of negroes which we had dispatched to their assistance. Saturday, the 3d October, "\ve embarked at dawn of day, and meeting with strong currents, encamped on a small islet near the right shore two leagues from "Grand Gulf." We had that day stopped for dinner at a spot which we had reason to believe, had recently been used as a camping ground by the "Chics," as several trees had been cut at man's height from the ground, and besmeared with various red figures. Sunday, the 4th, we set out one hour before day and by 11 o'clock had passed by the "Grand Gulf" without finding the swift currents which we had been led to believe existed here, but a sudden and violent eddy, which threatened to run our boats upon the snags or crush them against the logs and rafts which floated on every side. At six o'clock we encamped on the edge of the first sand-bank to the right distant two leagues from the "gulf." At 9 of the evening we had an alarm which caused us to place the troops in line of battle at the head of the camp. It was caused by various shouts and noises, believed to have been heard in the woods, which were suspected to proceed from the enemy, as our hunters had for the past few days discovered by the tracks of four or five men, that our movements were being watched. On Monday, the 5th, we had a north wind accompanied by a heavy rain, which delayed our departure until twelve at noon, when the weather cleared up. We encamped ou the shore at the extremity of the 2d island which we passed, and there the roll was beat to announce that no soldier would henceforth be allowed out o'f range from camp, under pain of death. Tuesday, the Gth October, we set sail at four in the morning, but having failed to stem the current, were compelled to land and tow our boats through the •channel on the right to the N. W. end of the island, where we embarked and at nightfall found ourselves encamped on the point of an islandon the left bank of the river. Wednesday, the 7th October, we embarked at daybreak and encamped just before night at the nearest point of one of two islands, where we were alarmed by a sentry, who, terror-stricken by the cries of the buffaloes and bears, which abounded there, fired at them thinking they were an enemy, without, however, touching any. Thursday, the Sth, we set out before daylight, and being joined by our hun ters at dinner time, we divided four cows and one calf which they had killed, and which having occupied considerable time, we encamped on the right bank of the river at but two and three-fourths leagues from our starting point. Friday, the 9th, we decamped one hour before day, and having encountered but little current, landed on a sand-bank to starboard, three leagues from the "Hyazous" river (Yazoo.) Saturday, the 10th, we set out at daybreak and dined half a league from the mouth of the "Hyazous." This river appeared to me to run towards the S. E., judging from its mouth. It bears the name of several nations under a common appellation who formerly resided upon its banks, and are now greatly reduced, owing to the continued warfare which we have waged against them, which has caused them to become wandering tribes. This river extends considerably in the interior and might have brought us to within ten or twelve leagues from the "Chicachats," but being unfortunately difficult of navigation owing to drift wood, etc., we were compelled to proceed on our course up the Mississippi. _ At 7 in the evening we encamped one and one-fourth leagues beyond it on the right bank on an extremely slimy shore. Sunday, the 11th inst., we embarked at daybreak to take advantage of a favorable wind, and observed that the river was widening considerably, a fact unprecedented at this season of the year, and which seemed much to increase the violence of the current and compelled us to pass the night in our boats, not being able to proceed further to land on some sand-bank which we had expecta tions of meeting. On the 12th October we proceeded at daybreak and continued to encounter very rapid currents, which placed several of our boats under the necessity of hauling themselves up along the shore by means of ropes. We found the 70 Mississippi, as a Province, stream particularly rapid when crossing the port channel, which forms two small islands, but finally encamped on the opposite or right shore of the river on a bar at the extremity of an island which shapes the course of the river. The 13th found us aboard at daylight, when we took the channel to the right, having on our left a small isle which lies at its head, and along which we were compelled to be towed owing to the strength of the current. After much diffi culty we were compelled to sleep in our boats two leagues above a channel called "Couroit," or "Kourois," so named from its being frequently visited by that nation. On the 14th we disembarked at daylight to take breakfast at the foot of a small cliff'. Each of the boats here provided itself with some ash wood, with which to shape some oars, which we all were more or less short of. Plaving after dinner taken up our route in the channel of a bank on the left, we found at the end that there was not sufficient water to proceed and were compelled to retrace our course. Having then succeeded in clearing the bar we crossed to spend the night ou the opposite side of the river, having merely landed a strong guard. On the loth took all aboard as soon as there was sufficient light to permit it, and having gone three and three-fourths leagues that day, slept in our boats at the lower end of the island farthest towards the north, it being one of three which we had found on our course, and where we were joined by a boatcoming down from our depot to meet Mons. de Bienville. On the 16th, having gotten aboard at the usual hour, we proceeded. One hour afterwards one of the boats sprung a considerable leak, a hidden stump having stove in the starboard bow. I immediately went to its assistance with another of our boats. We passed .several hawsers beneath it to keep it afloat, and having dis charged it of its load, I directed my boatswain to replace its side planks by new ones, which being done with but little delay, we reloaded it and pursued our course. We encamped in a grove at the extremity of a lengthy island opposite that called "Isle a la tele des morts," (the island with the heads of the dead.) On the 17th Oct., all being embarked at dawn, we spent the subsequent night in our boats near the first island we had encountered that day, having made four leagues. On the 18th, we set out with the early morn, and in the afternoon were com pelled to make use of the tow-lines whilst rounding an extensive sand-bank in a southerly direction, owing to the fierceness of the current. Wc crossed the end of the bar at sunset towards the right, and again passed the night aboard, at a distance of half a league above what is called "the small Pointe Coupee."' On the 19th, we set out before day, and having passed to the left of the islands, we encamped ux^on a large bank on our left for a short stay. On the 20th, being stationed on a bank over which there flew a large number of geese and ducks, we despatched a large number from daj'-break until 7 in the morning, at which time we were met by a conveyance going down to New Orleans from the depot. From it we learned that our first convoy had arrived there on the 12th, the day after the arrival of the Canadians who, including the Indians among them, were to the number of four hundred men. We also learned, from the same source, that the second convoy had lost six soldiers and one ensign. The 21st, after roll-call, wc embarked one hour before day, and having passed to the left of the first island on our route, we slept in our boats that night one- half league beyond the island, no one having landed owing to the fact that the landing was muddier tlian any previously met. We had observed during all that day, that the waters having gone down from nine to ten feet, had caused a large diminution in tbe force of the current. The 22d, we departed one hour before day, the river still falling, and en camped five iu the afternoon on u bank to tlie right. Here we discovered the Xiirogue of four Arcancas Indians, who were on a hunting expedition, such being the sole occupation of all the nations in this vicinity. On the 23d, we decamped one hour before day and ivcre joined soon after by a pirogue belonging to the convoy of Mons. de Bienville, from which we learned that the latter was only two leagues distant, on his w.ay up to ArcancaS, in the centre channel ol the three which we had discovered and was now ascending. We finally moored our vessels ashore, one-half a league further up to the left,. Territory and State. 71 each boat arriving separately and at intervals owing to the violent currents which we had encountered. At lO o'clock at night we were joined by several boats belonging to the convoy of Mons. de Bienville, which soon left us to regain the latter on the opposite shore and a little above us. On the 24th we continued on our journey at five of the morning, and overtook Mons. de Bienville at 8 o'clock. The wind being north, and the weather rainy and very threatening, both convoys set out together only after twelve. We slept two leagues further, in our boats near each other, with a separate guard on shore, of which our own was to the right. On the 25th, at three of the morning, the roll was beat separately, and Mons. Bienville having started, we embarked, but half au hour afterwards, taking to the channel ou the left of the first island on our cour: e, we encamped to the number of twelve boats at the first mouth of Arcancas river. On the 26th, we were overtaken at five in the morning by one of our boats which had been unable to keep up with the rest on the preceding day, and were, consequently, unable to proceed before 8 o'clock. We p.issed the mouth of the Arcancas river on our left. This river appeared to me to run in a N. N. W. direction. The lodges of the Arcancas nation sr : distant seven leagues from the Mississippi. It is of considerable size, and can furnish four hundred warriors, who have ever been much attached to the French. Passing to the left of two islands, we encamped on a bank on our left, one quarter of a league from the last of the two. On the 27th we embarked one hour before day and at nine o'clock of the morning we had reached opposite the north fork of the Arcancas river, which runs towards the W. and W. N. W. We passed it on our left, as well as two islands which lie at its mouth, and encamped upon the shore of the first. On the 28th, we set out with the two first islands on our course to our left, and passed the night in our boats on that side at one-quarter of a league from the last island encountered. On the 29th, having had heavy rains during the previous night, we were de layed until 7 o'clock, at which time the weather had slightly cleared up. We were, however, again wrested at about nine o'clock to await more favorable weather.- At twelve o'clock we were enabled to proceed, and finally encamped on a bank to our right, having passed an island on that same side. On the 30th, a storm which arose at 3 o'clock in the moraing, prevented our setting out befare seven a. m. We passed to the right of an island on our course, and then on the left of a second where we spent the night without, how ever, having slept ashore. On the 31st, several of our boats having been delayed by the severe currents, and joined us only at seven in the morning, we could not depart before eight. Being favored by a stiff breeze from S. S. W., we took the left-hand channel of the first island which we encountered and slept on a bank to its right. On the 1st November, the wind being from the same direction, we decamped one-half hour before day, and rounding one sand-bank, passed to the left of a small island. Taking a middle channel we passed another island to our right and running along the bank at its head, regained the bed of the river for fear we might not find sufiicient water to the left. We passed the night at the end of " Eels" point. On the 2d, we embarked at daybreak and passed the night in our boats one league from Fort St. Francis which lies ou the edge of the " little prairie." This fort is opposite the " Chicachat" to the left, garrisoned by only ten or twelve French soldiers. On tlie 3d November, we embarked at six o'clock only, and by eight had reached a point opposite St. Francis, which is distant one-half the quarter of a league from the Mississijipi, upon some stream. It is a slight work with four bastions constructed with rails, and has been established one year ago to serve for a depot during the war. It is now to be abandoned, as there has been another established at the mouth of the Margot river. We learned that seven teen of our soldiers died here, having been left sick by our convoys. We, our selves, left here seven of our convoy. We procured fresh bread to last us four days, and a little fresh meat, after having, in the delay, experienced most atrocious weather. On the 4th inst., at one o'clock in the afternoon, we em barked agreeably to the orders of the previous night, and having passed to the left of the two islands which are found at the mouth of the river, we spent the night in our boats to starboard, having nowbegun to increase our picket-guard. ¦^2 Mississippi, as a Province, The 5th November, we embarked the guard at break of day and rounded the bar which extends out from St. Martin's Isle. This island derives its name from a post whieh had been established upon it two years since, to facilitate the discovery, of the haunts of the Chicachat. We were overtaken by such a violent rain, that we were compelled to moor our boats to a point on the left, after having passed that island. Here we doubled the guard, having heard through a fleet of eight boats which had left the fort called Assumption for iort St. Francis to procure biscuits, that several bodies of our enemies were on the war-path, and that about fifteen canoes, capable of containing three or four persons, had been found, which gave us to believe that about fifty of the enemy had crossed to the left bank of the river. On the 0th, notwithstanding the threatening aspect of the weather, we em barked at day-break ; but the rain having come on -^ve moved our boats in tho .channel to the first island we met, where we were exposed to the whole fury of the weather, joined to a friglitful thunder storm until four o'clock in the even ing. Thence we proceeded to tie up at eight o'clock at the opposite end of the same channel, having had to round the bars of two i.slands. On the 7th we embarked at seven in the morning, having experienced during the whole night, rains similar to those of the previous day, and which lasted until our departure. Taking advantage of a breeze from the S. S. E., we en countered violent currents and encamped on a sand bank to the right. The Sth November we embarked at break of day, the vrind being still S. and •S. S. E., and rather favorable, and made three and a half leagues against for midable currents. We slept in our boats upon the left shore. In the afternoon oi that d-ay, we had met the "Grand Chacchocima" and one of the Avoyelles on a hunting expedition, and had pierced three pirogues along the shore which we su.spected belonged to the Chics. On the 10th we had embarked one hour before tlay and pas.=;ing through the 'Grand Channel, we arrived at long intervals, owing to the violent nature of the current, at Fort Assumption. I, myself, arrived only at midnight, having a very poor crew, sixteen of my soldiers being too sick to rise. On this account the commander complimented me on my safe arrival, as he had feared I might have perkshed on some shoal or snag. The garrison of the fort was placed under arms and the drums were beaten when Mons. de Nouaille had landed. This fort has been constructed at the foot of the steeps of I\Iargot river three- fourths of a league to the right, and in the middle dnys of August, which lat- .ter circumstance has been the origin of its name Assumption. It is constructed of piles, three bastions bearing on the plain and two half bastions on the river, which is reached by seven different and wide slopes of one hundred and forty ieet each. In the center of these slopes have been constructed bakeries and ovens scooped out of the walls of earth. The right -was occupied by the bat talion of Regulars, anel the left by various stores and the Colonial and Swiss troops. The remainder of the forces were encamped on the exterior, including the Canadians and savages, who encircled the whole of our left to the river. Since the 11th October, 1739, had arrived with IlIons.deLongucuil, from Can ada, 190 Frenchmen aud savages as follows : Iroquol.-;, from the falls of St. Louis 126 Iroquois, from the lake of the two mountains 36 Onabenakays 18 Zounontonas 13 'Onnontagues 13 Onnoyots 4 Goyagnouens .' 4 Napyzenguez 29 Algonking 3 Pontonatamis 40 Ounataona 3 '.Saultow •. 1 Maskonliiig 1 Ouiatomon 1 Miamis 2 Maoenons 2 Total of savy!;e,-i, about 300 Territory and State. 73 We learned upon our arrival that on the 13th October, there had been found in the pirogues of the Illinois two letters, one of ancient date and the other dated during the current month, which the Chicachat had caused to be written by a Frenchman whom they hael made prisoner at Davion's Rock. They re quested in these letters the surrender of Courcerac, one of their chiefs whom we had captured by .surprise, and proposed to return us the said Frenchman in exchange, who performed the office of their secretary, and who although a mere saddler by trade, had palmed himself off' as a French chieftain. In the seconel letter, placed near the piles of the fort, and which had been discovered the next day, they sued for peace, asserting that all the nations were leagued against them, and the Tcliactas, with whom they had concluded peace, were destroying some of their people every day. They proposed as conditions of the treaty to deliver up the ten prisoners which they had captured in the last pirogues plun dered by them, on which occasion they had likewise burned three men, one of the latter having been a deserter from the company of the Chevalier de Coetlo- gon, of the marines, and whom we had transferred to this post to serve among the colonial troops. The answer to this proposition was delayed to av.-aitthe ar rival of Mons. de BienviUe, who subsequently expressed his desire to accede to it, provided they gave sufficient sureties, and who nevertheless appeared in some measure embarrassed, though several savages had been offered him as hos tages. On the 24th of November, at about two in the evening, we had the arrival of Mons. de la Buissonniere, commander of the Illinois, with forty soldiers and some settlers. The next day the the following Indians, all under his orders, likewise arrived : Kaskakyags 28 Metchigarmias 25 Petits Ossaguez 8 Missouris 56 Total 117 The Iroquis received them with the accustomed ceremonies, presenting them with the calumet to smoke, and then marked out for them the spot where they were to camp. The Missouris can furnish one hundred to one hundred and ten and the Petits Ossaguez seventy warriors. On the 26th those newly arrived regaled the Iroquis. The invitation to the feast is in the following man-- ner : Certain small chips of wood are sent to the most considerable men of the invited nation, with the request that they distribute to whomsoever they please. Each guest upon his arrival casts his piece of wood to the ground. These are picked up and counted, and thus the number of the guests is verified. The repast begins by a harangue from the chief host, who also sings war-song after war-song, after which each receives his share of the meats. On the 27th there was found at a distance of one-fourth of aleague from our camp a reed, through which had been passed a piece of English cloth in the shape of a pouch, and filled with tobacco. At the top was an ear of corn, and beneath a bear-skin, the whole encircled by a ring of some kind. Five Chic savages had recently brought these enigmatical emblems which signified peace, both'according to the interpretation of our savages and the people of the col ony. Bv the ear of corn they mean that they desire to eat of the same bread ; by" the tobacco, smoke together, and by the bear-skin within a circle, sleep under the same roof. This is a sufficient indication that they are much im pressed with their own weakness, although we must give them credit for much hardihood and intrepidity, for not fearing to approach a spot about which five hundred savages are continually roaming. On the 12th November a pirogue containing Iroquois out hunting was at tacked four leagues from the fort, on the opposite side of the river, by^ a band of Chicachats. The former were fired upon five or six times; one of their num ber was sUghtly wounded in the thigh. They replied with three volleys, and, supported by some of their friends who were coming up behind, allowed their boat to drift, when being reinforced and, to the number of fifteen in all, they landed, but merely found the tracks of six men, who had doubled upon them and used other ruses to avoid pursuit. They found the canoe in which they had crossed the river, and discovered on the other side a large body of the ene- 74 Mississippi, as a Province, my, forty strong, who had despatched the small detachment mentioned above on a scout. On the 3rd November there departed one hundred Iroquois in an eastern direction, fifty Missouris along the river, and twenty-five Illinois in the inte rior for intelligence of the foe. The Iroquois returned some days subsequently without having obtained the whereabouts of the enemy. On the 5th November Mons. de St. Pierre aud Mons. le Blanc arrived from the post of the Illinois, without, however, having had any intelligence of the detachment of that nation who had left us two days before. Many supposed they had returned home, owing to the ungraceful reception they had received at the hand of the other savages because they had taken to flight and aban doned Mons. d'Artaguette, who had recently been burned alive in the "unfor tunate expedition." On the 11th of November, Mons. de Nouaille was harangued by every sav age chief upon the subject of his arrival in good health, with protestations of being rather willing to die than abandon the nation. They are very particular to reiterate these mark.s of attachment upon the arrival of any considerable chief among us, inasmuch as the ceremony never is concluded without strong liquors and other presents. At five in the evening the following reinforcements of savages arrived from up the river, : Chaonanons 26 Anniez 10 Mecissaguez 10 Zornontaons 6 Iroquois, from the falls of St. Louis 4 Kaskakias 30 Total 86 On the 14tli, in the afternoon, arrived the fleet of Mons. de Bienville, which was saluted by the musketry of the savages. The following days were employed by the savages in loud and emphatic pro fessions of fldelity, cemented on our part by a large distribution of spirits, and on theirs by long and tedious harangues, in which at last the whole tribe would join with dancing and singing, or rather bowlings and whinings, as an endorse ment of the orations of their chief. On the 24th November we dispatched a party of fifty men upon the tracks of the "Chicachat." On the same day, at 7 in the evening, we received a courier from a body of our Indians, who had fallen upon the "Chics" and captured one man and two women, (one of the latter being quite young) and killed another man, whose scalp, ears, tongue and a portion of the heart they .lent us, the courier in meantime having eaten a small piece of the heart, w"hiist announcing the arrival of his comrades in the course of the next morning. On the 25th the latter brought their prisoners to the fort, whom they had decked and daubed, as they do themselves on any great holiday. At one hun dred steps from the fort they placed, them in the hands of the "Iroquois," who had gone forth to meet them. The latter led them into the fort, holding the man in leash at the end of a line, which bound his arms yet permitted him to hold within his hands a rod garnislied with the down of swan, as a token of servitude; whilst the women were led by the hand, the •\^ bite flag being borne before them. The first visit of the prisoners v.as to the cabin of their captors, who were the "Poutouothnmis," numbering eighteen. These were then har angued liy their chiefs, when the prisoners were made to dance several times and finally led to jNIons. de Bienville to whom they were presented. The cap tors then assured hira they \vere indeed sorry to present him with such bad meat, that even the carrion-crow would not fea.st upon tbem, since they were so thin and wan, but they hoped that sonie time in the future thev might be able to furnish him with such good meat as he might make his soup of. The pris oners were then made to dance and sing for the whole assembly. Jlons. de Bien ville accepted them, but returned them the man aud one of the women, retain ing the younger one to present her to M'dmc de Noyant, the wife of tho colon ial mayor. The Iroquois now in possession of two of the prisoners, assembled in the afternoon to deliberate what should be done with them. The Missiona- Territory and State. 75 ^ !fj ^^Y^°S interposed (with prayers and representation as though they were addressing christians) in behalf of the prisoners, obtained their promise that they would not burn them. They kept their word but turned them over to the ''Missouris," who after having accepted them held a council which soon after decided as to their fate. From that moment they took the necessary care to exclude them from their lodge, which is divided in two parts, that of peace and that ot war. For that reason, as they had decided firstly to put the man to death, they placed him opposite their cabins upon a couple of deer-skins, and between three fires to shield him from the coldness of the night, during which time they sang and danced around him, occasionally throwing themselves upon him like rabid dogs and biting him in the tiiighs to keep him awake, assuring him in the meanwhile that as soon as the sun appeared he would be tied to the stake. Notwithstanding the awful treatment to which he was subjected, he neither complained nor spoke one word, being in a half-insensible state from such horrible cruelties, and having in his flesh the stone point of an arrow which had pierced his side. During this ceremony, he was frequently questioned concerning the doings of the "Chics, "_ but refused at first to answer, pretending not to understand the tongue of his captors, but being forcibly made to swallow a large quantity of liquor he soon began to talk. He affirmed that the "Chis" were awaiting us with firm foot, and even intended to set out to encounter us, so that falling them selves upon their own soil, we might not be able to corrupt it."*" He also declared that there were eleven Englishmen at their fort with merchandise and muni tions of war. The old woman was questioned apart, and corroborated what the latter had said, but their accounts were not in accord with the relation of the young woman, who stated that there were families already beginning to retire among the '¦Natchez" and "Cherakis" or "Flat-heads," and that they themselves to the number of ten (two of whom had escaped) were going thither when sur prised. The man confessed that he was with the "Natchez" who had burned Messrs. de Levy and d'Artaguette eighteen months before. The fear of fire induced him to say that he had always regretted the death of these French, but his com passion for us in no wise excited the sympathy of the "Missouris" in whose hands he had fallen. On the 26th, at nine in the morning, he was tied to the stake, which consists of two poles or trees four feet apart, to each of which is fastened one arm, and a cross piece below on which rest the feet. They then applied bars of red-hot iron upon all the most sensible parts of his body. He was exposed to these atrocities for three hours, at the end of which time he expired. Several officers, and others, affirmed that before starting on their expedition, the nation had addressed the following prayer to the Lord : ''O Master of life, forgive us if we shed the blood of any man, but he who has prostituted it by his evil deeds." Hence they may be said to recognize a Supreme Being. There are many others who share the same belief, anel who even admit and ap pear to have knowledge of a good and evil spirit ; they, however, but rarely if if ever appeal to the good one, being persuaded that on account of his goodness he is ever disposed to pity and forgive, and when they address the evil one, it is privately, as among them there are no public prayers. The Chaonanons restored their female prisoner _ to the Iroquois, who pre sented her to the Zornontonans. The latter consumed her just as the man had been treated, with the exception that the wrists were tied to a vine which fell from the top of a tree, and the limbs were free. It appears that among them the women are more courageous than the men, inasmuch as she never com plained and suffered much longer, which caused the savages to lose patience. They consequently scalped her alive, and subsequently quartered her to throw her body piecemeal into the fire. At nine in the evening we had an alarm caused by loud cries, and volleys which the savages were firing about their camp. Upon enquiries being hastily made we learned that it was a ceremony among them used to drive away the Evil Spirit of those they had burned, and which they practiced each time an enemy was put to death. On the 27th of November, Mons. de la Houssaye, oflicer in the Colony, ar rived with his command. Their return had been hastened by the desertion of their guide, who was a Chicachat and a slave since the age of seven or eighty "Mark the nobility of this sentiment. 76 Mississippi, as a Province, and belonged to a French settler from Illinois. Being considered almost as one of the family, he had no reason to desert, which causes us to believe he will return. Indeed, the same thing had occured five years before. Upon the route which Mons. de la Houssaye had taken, and in the space of four and three- fourths leagues he found seven bayous or small rivers, across which it would be necessary to construct bridges, so that, it being out of the question, it has been determined for future ejieditions to take a more northerly direction with the hope of finding fewer obstacles in the way. On the 29th November the Chicachat guide returned and informed us that he had missed his waj*. On the 1st of December, being more than ever at a loss regarding the proper course to take in the interior, owing to the contradictory reports made by ex ploring parties on their return, we despatched on a tour of discovery forty-five Canadians and one hundred and twenty savages belonging to the various tribes in our friendship. The Grand Chaccoux, since a long time chief of the friendly Indians, left this morning to embark at the mouth of the Hyazous river in order to proceed to the headquarters of the Tchactas to treat with them. On the Sth December, five Illinois who had left with the above party returned. They reported having left the expedition at the fork of Hyazous river. They had found the roads thither very bad and exceedingly swampy in some places. They reported that they had strayed from the rest of the expedition in the pur suit of a "Chic," whom, however, they had not succeeded in capturing, and that lacking provisions, they had been compelled to return to the fort. On the 11th a letter was received from Mons. de St. Pierre to the effect that fearing the want of provisions he had constructed a small fort at the fork of the Hyazous river, and had sent thirty savages to hunt the buffalo. The In dian guide having told them that it would be necessary to cross a river at a distance of two leagues from the fort, Mons.de St. Pierre had proceeded thither with Mr. de Levy, a young engineer. They reported the river to be eighty feet wide, and that it would be necessary to drive piles to construct a bridge across it, as there were no trees in that section sufficiently long to reach from one side to the other. They make no mention of the roads and have been unwilling to confide a detailed plan of their route to the Indians lest they might mislay it. They say there are twelve of their Indians who left them to join the Chicachat, and that an expedition sent against the latter by Mons. St. Pierre had stopped five leagues from them and returned for want of supplies. On the 13th December, and in accordance with nev.'s received on the previous day, we were informed that the beeves and horses which we were expecting from the post on Red river, had arrived to within three leagues of the fort, and that a large number had been lost on the way. We dispatched twenty men as a re inforcement to bring them to the fort. We likewise on that day sent eleven savages with supplies for the expedition which had set out on the discovery of a road to the Chicachat, and had halted on the first fork of the Hyazous. On the 13th the beeves to the number of eighty pairs, and horses numbering forty, arrived. Ou the 16th a party of the Chaonanons, who had set out against the "Chic,'' returned. They reported having discovered a bodj' of the enemy twenty-five strong, on horseback, which they forbore to attack owing to their superiority in numbers, they themselves not being more than eight or ten. A short distance from the fort they discovered two "Chic," one of whom, upon perceiving them, escaped in a canebrake, while the other placed himself behind a tree and made a stout defense. One of ours having approached to capture him was shot and wounded in three places. (Jne ball struck him under the right nipple and glancing off without entering his body wounded him next under the shoulder- blade, another struck him the thigh. Having fired, the "Chic" attempted to escape by crossing the river, but was killed in entering it. They brought back his arms .and ii number of necklaces much esteemed among them, and left three of their party to care for their wounded comrade and bring him back. On the 17th Messrs.de St. Pierre and Delery arrived. They reported having been very near the Chicachat fort, without, however, having seen it, it being in tercepted by a small mountain. But they judged it to be but a short distance away, from the frequent volleys and cries which they distinctly heard. Our savages having killed a horse belonging to the Chichachats, brought us Territory and State. 77 hack its tail as a voucher that they had not been far from the dwellings of the enemy. They do not agree as to the distance. Some place it at fifty or sixty leagues in the east southeast. Mons. de St Pierre makes it from forty to forty- eight leagues. There are five bayous or rivers over which it will be necessary to build bridges. They found the roads in a sufficiently good condition except near the Hyazous river, where there lies upon this side a marsh five hundred steps in length, in which one sinks to the knees, and on the other side another six hundred steps long. We that day led our beeves and horses at the end of the cliffs, and established a sort of park in some small ravines grown with cane on the banks of ^largot river. Here they are enclosed every evening. We also erected a small retranchment for a guard of thirty men under a command of two officers who were relieved every two days. We also sent to St. Francis fort in quest of the beeves to the number of thirty-two which had been lost on the way. Several days since the last of the king's property had reached us from there, and the guard turned over by Mons. de Berac to a sergeant and twenty soldiers. On the ISth December and during the night a large number of the savages became intoxicated, causing great excitement. One of them, who was chief of the Poults, went to the cabin of a Canadian and requested with much persistence to be given some spirits. The latter becoming impatient at the importunities of the savage struck him three or four blows with a hatchet on the top of the bead which placed it in a jelly, and he fell as dead near the lodge. He was thence taken to the hospital, but with little hope, although he lived for two days. This murder caused a sort of revolution among the drunken savages, so far that the whole nation was for several days on the point of attacking the French to avenge their comrade, but the young men took possession of their arms and carried them to the missionaries. 'The murderer was arrested, which fact in duced the savages to demand that he be delivered into their hands, threatening at the same time to scalp some of our chief officers. As it was feared they might rise upon us iu the night the soldiers were ordered to keep their arms in their tents, and to hold themselves at all times in readiness for the first sign of alarm. On the 19th, a large number of presents was made to the wife of the mur dered man; such as articles of clothing ornamented with gold and silver linings, three porcelain necklaces, estimated at thirty " pistoUes" each, and several " calumets," much esteemed among them. The Iroquis, a nation much attached to us, also bestowed presents to console the family and nation of the Poults for the loss which they had just experienced. In the afternoon he was buried with great ceremony, and fifty soldiers of the colony were placed under arms to do honor to the dead. Before depositing the bier in the trench, the savage master of ceremonies harangued the departed, having previously offered him to smoke, and then exhorted him to lead a good life in the country to which he was going, with Mons. Artaguette and all the Frenchmen of his acquaintance who had gone before him, and although the latter might be one of those who had brought him to the grave, he should forget what had taken place. This nation, (the Poults,) is not Catholic, but they addressed li sort of prayer to the Great Spirit, and then came to ask of Mons. de Bienville the grace of the guilty man. The latter replied that in accordance with our laws, we were compelled to try him by court-martial, and that he would subsequently be taken to their camp or before their cabins to have his head broken. So fa*- this adventure has cost the King more than one thousand crown pieces. On the 20th December, upon the strength of a report of a Canadian who was with Mons. d'Artaguette when he was killed, we resolved to senda party with him and by another route, which he asserts is a shorter one, against the Chics. All this delay was annoying us considerably, and the savages even more. Seventeen Missouris have just left, bound homeward. About two in the after noon all the chiefs of the various tribes proceeded to the quarters of Mons. de Bienville and threatened to leave unless he fixed a day for our departure, say ing that they had been put off from moon to moon and trifled with ; that they saw no appearance of a near departure, which state of things wearied them much ; that they could well perceive we desired to set out, but that he was afraid and was a squaw. Mons. de Bienville promised them that by the end of the present moon, we would all be off for the Chics. _ On the 21st, thirty Iroquois set out to attack, they said, the Chics, and in 78 Mississippi, as a Province, case they failed to find them, to strike at the Cherokys and Tete-platte or Flat- heads, nations with which they are at war, and which lie on their way in their journey to Canada. The Poultouatamis went this morning to renew their prayers to Mons. de Bienville for the pardon of the Canadian, and to influence him in his favor, jiresented him with a porcelain necklace. He replied that the next day a court- martial would be helcl to take action upon the same. On the 22d December the court met and declared that if the criminal had any accuser they could not but find him guilty, upon which both the offfended nation and criminal were summoned. The former were then assured that upon their representations, the court was willing to be merciful, and that although the murderer was exceedingly culpable, they were free to restore him to liberty by taking off his irou.s, which the wife of the dead chief immediately did. Before freeing him, however, the court condemned him to a fine of thirty pistoUes, payable in merchandise for the benefit of the Nation. At twelve o'clock Mons. de Mouchervoux, commander of Arcancas, arrived. He reports that the expedition from Natkytoches, consisting of the long expected beeves and horses, had stopjaed at the village of the Kadoudakionx broken down with hunger and fatigue ; anel that out of two hundred horses it is barely probable that eighty reached Arcancas, in very bad condition, the rest having been lost by death or otherwise. On the 23d December the Poultouatamis left with all their baggage and even their women, which made us conjecture that they had entirely taken leave of us. During that day and night one hundred savages, of various nations, deserted us. On the 24th December, Mons. Saucier, engineer, left with a detachment of Arcancas and some Canadians, to endeavor to discover the road by which Mons. d'Artaguet had reached the Chicks. Messrs. de Bienville, Nouaille, Longueil and de Noyant, having met, decided that we would set out against the Chics towards the end of next week. The plan adopted was to direct all moverc^ents in two bodies. Our first five companies have orders to hold themselves in read iness to march, as also our grenadiers. On the 26th, at half-past four of the .afternoon, Mr. Saucier arrived and re ported, as did also the savages, that at a distance of six and seven leagues in the N. N. E. and N. E., according to the route they had pursued, the lands were being overfiowed, which fact had caused him to hasten his return, in order to notify Mons. de Bienville. On that day we lowered to the fool of the cliffs our eight, two and four-pounders, and a nine-inch mortar, with the intention of _ placing them on board a ves,5el bound for the city, as we did not expect using them during the campaign. This manoeuvre did not please the savages, who suspected that we had no intention of making the expedition by way of the heights of Margot river, as the season was already too much advanced. On the 27th, we had the arrival of a boat with two pirogues loaded with flour and coming from the Illinois. On the 28th the flve Iroquois, who had left Mous. de St. Pierre, and for whose scalp there had been some anxiety, returned and reported having been as near as was practicable to the villages of the Chics. They had remained in a ravine or cane-brake without finding one opportunity to strike a blow, and had seen a party of the enemy but on one occasion, when, being discovered and not being in force to resist, they had been compelled to fly and return to the fort. On the 30th December, we observed that the i-iver was rising fast, which com pelled us to embark at once the cannons and mortar which we had taken to the base of the cliffs. These are to leave within a short time for New Orleans. The present rise may be caused by the continuous rains which we have had for the past few days, which occurrence is rather frequent at this season, the rise being further increased by the melting of the snows towards the end of Feb ruary. On the 31st December, Mons. Broutin, engineer, and Mons. Celorou, Canadian onicer,_ left with one hundred men, including thirty savages, to ascertain the condition of the roads as far as the Hyazous river. Many people pretend that it is impossible to reach it at this season, particularly with wagons. On the Ist of January, 1740, at two in the afternoon, there arrived a band of thirteen Chaouarons, bringing with them a Chick slave and two scalps. One Territory and State. 79 hour afterwards, there also arrived twenty-three Illinois with one scalp and two prisoners, of whom one was a slave. The other, who was much younger, and whom they proposed adopting, walked with the troop unfettered, as other wise the other -nations mistaking him for a slave might have maltreated him. These two nations were unknown to e.ich other in the same part of the enemy's country, and as, when they are at war they have two men as an advance guard, the latter finally met upon the same Chic trail. They followed it up together until they observed the enemy's camp-fires, when it was agreed between them that, having shared the discovery, they should likewise share the glory. The' main bodies of each having been acquainted with this agreement and approved it, they fell upon the Chics together and killed two of them, making three prisoners. One of those captured by the Illinois is aged forty and is chief of war and of a village among his nation. He was considerably bruised upon his arrival, by blows received at the hands of different savages, who being for the most part drunk, were disputing concerning the ownership of the prisoner ; and this fact joined to the jealousy and contempt of the Iroquois for the victors, gave us apprehensions of something worse than a drunken row among them. This fate, however, was not shared by the prisoner of the Chaonarons, who comprise a nation much esteemed among them. The slaves were taken to Mons. de Bienville, who refused to return them to their captors, lest, in their present intoxicated condition, they use them ill during the night, but he promised to deliver them to their masters by the next morning at sunrise. They were placed in the guard-house with irons upon their feet. On their being questioned, they replied that they were at war with the Chaquetas, who frequently carried some of them home as slaves ; that they had eight forts, of which six were slightly dilapidated, the two others in good condition, and all newly built. In one of the forts were enclosed all of their women ; that they had but one hundred and eighty warriors to defend them, the others being on a hunt, and that they were even surprised at our not capturing many more of their people. They reckoned it would take them eight days for them to reach home with their arms, baggage and families ; that the road was so much better the nearer north we went, and that there resided with them but about twenty Natchez, whom they treated no better than slaves; the rest having taken refuge among the Cherakys and Tetes Plattes, (Flat-heads.) On the 2nd of January, the savages made a second request for their prisoners, who were immediately turned over to them. They led them to their cabins, where they daubed them over in black and red. Then they compelled them to dance before their doors, and next went to present thera to Mons. de Bienville, who requested them to take them back immediately. The Chaonanons adopted their prisoner by attaching at the end of his nose a thread to which was suspended a piece of polished ivory. The Illinois adopted the younger of theirs, aged fifteen or sixteen years, and made present of the other to the Iroquois. The latter have among them two Chics, adopted by them since several years, one of whom is found to be the nephew of the prisoner, which leads one to believe that with such a nation as its protector he will suffer uo harm. I do not believe the prisoners, however, free from all danger, as I have observed that they were closely watched, and that at sunset one of their feet was placed in a sort of clog or shoe, dug in the earth between two stout sticks and securely fastened there. On the 3rd of January, Mons. de Mouchervan, who had gone several days be fore to meet the Arcangas, arrived with seventy of these warriors. They at once set to dancing and haranguing Mons. de Bienville, and then established their cabins a quarter of a league from the camp of our savages. This nation refused to occupy quarters with the others, owing to their various superstitions, besides which they appear suspicious of the Iroquis, who are allied to the Eurons, since a long time at war with them. On the 4th of January, the rains continuing produced a considerable rise in the river, setting adrift on its bosom a great number of large trees. The Mis souris sought an interview with Mons. de Bienville to assure him that three of their tribe had taken to the woods on the previous night, but that those who were now on the war path had attacked the enemy and would return by the second day. On the 6th, in the afternoon, the Missouris who had been out returned with six horses taken from the Chics, having unfastened their bridles from near the 8o Mississippi, as a Province, forts. On the same night they heard considerable dancing and they indulged in similar noise themselves without being able to induce the Chics to come out. They assured us that the road which they had taken was very bad, which had compelled them frequently to take to swimming. They do not give a very defi nite idea as to the distance or the shape of the forts, which we infer, however, are round and furnished with occasional fortified outhouses. On the 9th of January we dispatched twenty savages with supplies for the party of Mr. Brouten, On the same day the Iroquois presented their Chic slave to the Abenakis. During the night he came near escaping. There was found upon him a knife, some bullets and powder, the whole concealed about his waist. His Iroquois nephew is suspected of having thus assisted him, which caused the Chic's new masters to observe him more closely. On the 10th, and at nine in the evening, a boat arrived from the Illinois with twelve thousand pounds of flour as well as other necessaries of life. On the 11th Messrs. Brouten and Celeron returned, and reported that having taken a more northerly direction than any other expedition they had found the roads in good order and interspersed with small mounds. They had reached Hyazous river and estimated the distance at twenty-five leagues. They had even taken cognizance of the pine forest which is three leagues from it, and from which they were separated only by the Plaquymines river, which they es timate being distant from the Chics only eight or nine leagues. They had dis patched fifteen of their savages and two Canadians to carry to tbem a letter from Mons. Bienville. On the 12th we fired four bombs, two of six and two of nine inches, in order to make an impression on the Arcangas and other savages who doubted what they had heard concerning us. From this moment they were thoroughly con vinced, and agreed unanimously that we were not men, but Great Spirits. They proposed if we marched against the Chics to carry on their shoulders the shells amd six inch mortar, which caused us to determine upon landing the artillery which we had resolved sending to the city. On the 13th one of the Chic slaves stated that by the full of the moon, two bands of Chics would arrive in this neighborhood to endeavor to ascertain what was going on at the fort and to see if we were making preparations to set out. He also assured us that they would certainly make themselves heard from. On the 14th the Iroquois party and the two Canadians who had gone to carry u, letter to the Chics, returned and reported having delivered it stuck in the end of a reed covered with bear-skin, and -ftdiich they had planted in the belly of a horse, slain by them near the Chic's forts. Judging from the noises which they had overheard at night on their way back, they had had cognizance of a body of one hundred men to the north of our fort in the direction of the Prud- homme heights, and of another party of seven or eight. Towards nine in the evening a Canadian j'outh having gone into the wood for some purpose per ceived a savage coming near him, and dragging himself on his belly, and who being observed concealed himself behind a tree. The youth returned to his quarters immediately, and advised six or seven of his comrades of the fact, who returned with arms to the spot but found nothing, but a dog who had followed them took up a trail and begun barking. The savages were warned of the fact and they detached a guard of one hundred men for duty during the w"hole night. Their manner of mounting guard is this : They sit doivn upon their heels, and naked so that the cold may prevent them from falling asleep, and keep their weapons within their arms. They were given a countersign so that in case of . need we might not be deceived by their resemblance to the enemy. On the 15th the battalion was reviewed. Its ten companies were found re duced to an average of fourteen men each and the grenadiers to twenty-eight men, although there were besides about fifty men in sufiicient liealth to fol low us. On the 16th work was commenced ou the roads and thirty men were ordered to support the workmen, the two officers in command being relieved every day. On the 17th a boat was dispatched to the Arcs to procure salt beef. The Chaon anons departed homeward, after having sold their slave to the king. They were unable to remain any longer with us as it is ordinarily in January and February that the Cherakis and Tetes-plattes, their neighbors, fall upon them. On the ISth we dispatched three boats for New Orleans, containing'fifty men on the sick list of the battalion, and Mons, de Tremigon, captain, attacked with Territory and State. 8i paralysis. In the afternoon two Mioissaguez arrived with a female scalp. They had been several days in the brush near a Chic fort, and had seen several parties of the enemy, whieh, however, they had not dared to attack. On the 19th were sent two boats to the Illinois for flour. On the 21st the Arcangas left for their homes pretexting that they were all attacked with dysentery, but the truth is they are too inconstant to be delayed by the length of time which we employ in our prepajations for departure. It is a long time, however, since all the other savages have given them that exam ple, notwithstanding that they are sure to find the upper country submerged and freezing. And yet the Iroquois went to-day to see Mons. de Bienville and to warn him that since he had not yet set out they were going themselves against the Chics, that they would await us there for eight days, at the end of which time if they heard no news from us they would attack. He replied to them that the inclement weather having interrupted his preparations, prevented him from marching within two or three days as had been expected. The Mi- cissaguez, complaining that they were being overflowed in their c[uarters, also threaten to go and await us on the road to the Chics, and say they will camp and hunt on the prairie until our arrival. >, A band of Iroquois, who had been in search of a pirogue, said by the Chic slave to have been left on the bank of the river in the direction of the Prud- homme heights, arrived and reported having found it, and discovered the tracks of ten men suspected to be Chics, as they also discovered a letter, a sack full of corn, a bundle of sticks and two hatchets, which they brought back. The letter was written in English with powder dissolved in water, which causes the characters to be so indistinct that it is impossible to decipher them ; after hav ing dried it thoroughly all that can be ascertained from it is that its date is very ancient. This letter and another which had been taken to the Chics a few days before gave occasion to a good word from an Iroquois chief, who said that a gun shot was a brave, but a letter was a fraud. On the 22d one of our boats which had left three days before for the Illinois was compeUed, so we were informed, to put ashore owing the disorder existing among the crew. On the 23d about flfteen Canadians escaped with one of our conveyances during the night. They are suspected of having gone to join the boat which had continued on its route to the Illinois. The Missouris danced all night the dog dance around the female Chic slave, and requested the gift of her from the ihaster, saying that they desired to eat meat and drink the soup which they would make of her. It is a law among the savages that when a nation or village desire a slave, they should spend the night in dancing around it. The chief of the Abenakis consequently replied to them that they could not dispose of her in such a manner, as the Missouris should reflect that the Iroquois had presented her to them and the French them selves appeared anxious to obtain her. It is believed that to avoid such future occurrences Mons. de Bienville will purchase the slave, especially as she is not too safe in the hands of the Abenakis, she having been found twice with her bonds unloosened. The weather having cleared up, work on the roads was re sumed with the ordinary guard, which, however, owing to the distance from camp, was to be relieved only every ten days. On the 25th such of the Poultouatamis to the number of nine or ten, as had not followed the discontented upon the death of their chief went to estab lish themselves upon the road at a league from the fort, as also the Miciesaguez and Nepyzinguez. On the 27th all our workmen and their guides returned, having, they counted, made six leagues of road, and reached a ground of such a nature as to be easily overcome. That which they have cleared consists merely of a road, the trees and plants upon which they have cut in a width of thirty to thirty-five feet, to within one foot of the earth. This evening we began dis tributing to the savages their supplies for one month, as the Iroquois, in the name of all the nations, have obtained, by dint of importunities, liberty to set out against the Chics, The whole Canadian force accompany them. Their plan is to reach one of their forts before day, to conceal themselves full length upon the ground with a large front and to engage the eighty Chics who at that hour make the rounds of their fort. At the noise of the combat they do not 82 Mississippi, as a Province, doubt but that the rest of their warriors will issue from the fort to assist their friends, when the center will maintain the combat whilst the wings will con verge to seize and enter their fort, where they promise to take advantage of the situation to strike as hard as they may, after which they will endeavor to secure a peace as it appears we are wishing to obtain, although it does not seem im possible for us to reach the enemy's country ourselves. They are to take the slave chief, with whose assistance they hope, and we likewise, that the peace negotiations will be much advanced. On the 2Sth a Canadian having ill-used a negro belonging to an officer of the colony, took upon himself, when the master was about, to chastise him, to cry "Canadians to the rescue," which occasioned a rising among them. Several officers who were upon the spot caused eight or nine of the most vexatious to be ironed. The Iroquois having heard of the occurence went on the .spot to Mons. de Bienville to demand their being placed at liberty, saying that they were their brothers and warriors like themselves, and that if he desired to chastise any one it should be such lazy soldiers as did not go to war (that wae addressed to us,) and that as far as they were concerned they would refuse to set out unless their remonstrances were heeded. Mons. de BienviUe replied that if they were found guilty they could not escape punishment. They were, how ever, all released with the exception of two of the most criminal. On the same evening the savages were treated in view of their intended departure. They were given a barrel of wine, a fine beef and several pounds of bread. On the 30th the battalion took up arms to review the Commissariat. On the 31.st the Colonial troops did likewise. There arrived three pirogues of hunters coming from the Ouabache with seventeen thousand pounds of salt meats which had been purchased there by the king. On the 1st of February a large portion of the savages and Canadians began to file past on their way to a spot a half league from the fort where they are to await the rest of their people, so as to set out all together. On the 2d, the Iroquois, who were among the last to go, departed in the morning, leaving five of their people to tend their sick to the number of nine or ten. The Aberakis also left with them and placed their prisoner in our guard-house to be ironed. His comrade had heen imprisoned there before him. The Missouris did not leave with the above, as they "were in doubt concerning the fate of a , dozen of their comrades who were out hunting since fifteen days and had not returned. The latter, however, having arrived in the afternoon, they set out with the Canadians, who were supplied with a small quantity of grenades. Their arms, as well as those of the savages, consisted of a gun and hatchet. This whole body had set out under the command of Mons. St. Pierre, Lieutenant of a Canadian company, but it is generally believed that Mons. de Celeron, who had been indisposed, will leave shortly to assume command. There exists no doubt but that it is among the least of their designs to attack the Chicks. Two days before we had received a party of six Iroquofs, all of them youths, the oldest having but seventeen or eighteen years, who reported having been five weeks wandering around the viUages of "the Chics, without having been able to see one man. They reached us Ijy one of the branches of the Margot river, which they estimate having found eight leagues from the Chics' villages. This induced us to make an attempt to take cognizance of it, and Mi. Broutin, first engineer, consequently left in the morning accompaniecl by the company of grenadiers of the colony and some negroes in four pirogues, with provisions for nine days, to see for himself, and have confirmed the report we had received. On the 3d, the whole body decamped from the point of rendezvous. Before leaving they planted a post five feet in height, painted red, to which they attached a hatchet turned toward the Chics, with two small bows whose strings were broken, two arrows without points, and two arrow heads which, together with the bows, were painted red; also a small leather bag fiUed with tobacco. The post signifies that they are setting forth on the war-path, and the rest that they are preparing to accord peace to their enemies, if they will sue for it. On the 4th of February, at four in the afternoon, there arrived a soldier from among the Chaquetos, bearing several letters from New Orleans. From these we learned the death of four of our ofiicers and fiftv members of the battalion. Territory and State. 83 The soldier informed us that the Grand Chatchouma, with a body of sixty Chaquetos, was distant only two leagues. On the 5th, at two in the afternoon, the latter arrived with the Grand Chatchouma at their head, and bearing three white flags. They proceeded to harangue Mons. de BienviUe, and demanded of him the two Chic prisoners, that they might burn them to revenge themselves of the massacre which their nation had practiced against them and which precludes the possibility of a reconciliation. Their hostility is of as long a date almost as ours, but having sent, two months ago, eighteen of their people to treat for peace with the Chics, the latter and several Englishmen, who were trafficing among them, invited them to enter a cabin to fill their powder-horns. They even told them to help themselves to balls and flints as much as they desired, giving them to under stand that they would not confine them to a strict measure as the French were accustomed to do. They entered accordingly, leaving their guns at the door, which the Chics took advantage of to fire among them so effectually, that out of eighteen, there escaped but two, thanks to the agility of their limbs, who carried the news of their dire reception to their chief. The Chaquetos nation, which counts three thousand warriors, was, and with reason, indignant at this proceeding, and in consequence had sent the present large deputation to Mons. BienviUe to inform him that it was their design to attack the Chis forts in twelve days with a force of one thousand, two hundred men, who, striking simultaneously, were well bent on giving no quarter. Their method of reckon ing the number of days past in similar circumstances, is peculiar. They entrust their chief with a certain number of sticks, and keep a like number. The former is instructed to cast one away every day, which they verify by doing likewise themselves, and when there remains but one, it is the day on which they are to act. Mr. Broutin and the grenadiers returned from their exploration. They esti mate having gone up the river (Hyazous) six or seven leagues, following a winding course which led them to the eastward. They would have proceeded further, having found eleven feet of water, but were annoyed by the quantity of drift wood, which they had had much difficulty to rid themselves of. This they attributed to the low stage of the Mississippi, but they believe that dur ing hi.gh water in April, May and June, it might be possible to go much further, inasmuch as judging from appearances, the river must rise twelve or thirteen feet. On the 0th, Mons. de Celeron left with Ihe rest of the Canadians and savages to join the main body, which will make its total strength reach two hundred Canadians and three hundred savages. His instructions are secret, but it is believed that the Natchez, who are the cause of the war, are all located in the same fort, and that he has orders to attack them; at any rate, to make terms with the Chics if possible. But we believe that the good or ill will of his sav ages will determine his line of conduct. It would be a most fortunate circum stance if he could arrive simultaneously with the Chaquetas. A boat from Arcancas arrived and brought us eight thousand pounds of salt meats, and three thousand of tallow, or bears' oil. Ou the Sth, the Chaquetas departed to rejoin their people in the neighborhood of the Chics. Their departure was announced by a discharge of musketry, as is their wont when they arrive or take leave. Ou the 9th, the council assembled to deliberate whether it would be politic to undertake to take the field, but after many adverse arguments, nothing was decided. This morning there arrived eight or nine Canadians, on behalf of Mons. Celeron, to procure munitions of war, as he had expended a large quan tity on the game which they had encountered since their departure. They reckon having left the main body of the expedition ten leagues distance, carry ing meat during their absence, which they proposed concealing in " caches," to consume on their return. These savages also recjuested one of our small mor tars, together with a few bombs, flattering themselves that they would use it properly, but we refused to accede to their wish. On the 10th, this small succor departed to rejoin our forces. They carry away one hundred pounds of balls, two hundred of powder, two dozen hoes and a half-dozen shovels. On the 15th, the same council met and decided that it was utterly impossible 84 Mississippi, as a Province, to take the field, in consequence of which, Mons. de Bienville commanded the departure of eight boats for N6w Orleans. On the 18th, seven boats left for the city, containing five officers and forty of our soldiers sick, besides a portion of our artillery and some supplies. On the 19th, there left a boat for the city and a pirogue for Arcancas. We have now dispatched, by various conveyances, nearly forty sick soldiers, besides a large number of officers and soldiers of the colony, as well as all the negroes of the settlers, nearly two hundred in number, keeping about thirty only, who belong to the king. On the 20th, our company of grenadiers, sixty strong, left under the orders of Mons. d'Aubigny, Lieutenant of Marines, with provisions for ten days, and accompanied by four savages and several negroes, to reconnoitre the course of Margot river. On the 21st, and in the evening, one of the grenadiers who had strayed from his command in the pursuit of a buffalo which he had wounded, arrived at the fort. Such an imprudence deserved a punishment, and he was, consequently, ironed on both feet. On the 23d, Mr. Broutin advised us by a savage that he estimated being distant eight leagues from this place, and that he was in need of four days' rations for his return. We are to send the supplies to-morrow by ten men, although he had forgotten to state where they might overtake him. On the 24tli, two conveyances left for New Orleans. On the 20th of March, Mons. de Celeron returned with his whole force, after having treated with the Chics for peace, bringing with him three chiefs and three. Englishmen, the latter having accompanied the expedition with the in tention of claiming damages for their horses which our savages had killed during the war. As sickness had compelled me to return to the city with several of our officers, I have been unable to learn the results of the expedi tion until after the return of all the troops. On the 22d of March, Mons. de Bienville summoned a council to make the conditions of peace with the three Chics, deputed by the "Bed Shoe," their great chief. They were asked to surrender all the Natchez who had taken refuge among them, to deliver up the ten prisoners, black and white, Avhich they had captured from us, and thirdly to break off all commercial and friendly relations with the English. We, on our side, w^ould return them the three Chick slaves in our possession. The three deputies not daring to fake upon themselves to make a definite reply to these propositions, were given eight days to confer with and bring back an answer from their Great Chief. Ten or twelve days having elapsed without any intelligence from the Chics, Mons. de Bienville directed Mons. de Nouaille to set out for the city with all the troops and to take with him the three Englishmen whom he would take good care to have imprisoned upon his arrival thither. On the 31st of March, Mons. de Nouaille departed with ten boats, manned by all our troops. Pie took eight days to reach New Orleans, and upon his arrival executed the orders of Mons. de Bienville with respect to the three Englishmen. They were thrown in prison and have now remained there two months, which leads me to believe that it is possible we shall take them with UB to France, inasmuch as they are suspected of having been the first to insti gate the wars we are waging w-ith different savage nations. Intelligence received from Mons. de Bienville, under date of the 2d April, gave us information that the Chics had sent him a deputation to assure him that they ardently desired peace, that it Avas the Natchez and one of their chiefs ¦who were the cause ot all their difficulties ; that they recognized their brothers in the French, and were willing to live and die for them ; "but that they were unable to fulfill the conditions exacted, as the Natchez had escaped from their forts, and there remained but one family, composed of ;i, man, a woman and three children, whom they had now brought with them to deliver into their hands with permission to do with them what they chose. They promised, however, if ever, in the course of time, they fell in with the Natchez who had escaped, to capture them and carry them down to the great village. On the other hand they prayed that the "French should appease all the neighboring nations and even those of the North, who had kept them enclosed so long Territory and State. 85 within their forts that they were dying with hunger, not having a single day to hunt, and who slaughtered them if they strayed even within gun-range of their forts. Mons. de Bienville replied that he would speak to all the nations which he had assembled for the war, but that as far as the Chaquetas were concerned, whom they, the Chics, had offended with so much impunity, far from inviting them to treat for peace, he would be the first to furnish them with powder and balls, until they had taken ample revenge for the affront they had received, after which only would he struggle to appease them. The Chics replied that they were, in no wise, accomplices in the assassination of the Chaquetas ; that the criminals were twenty or thirty Englishmen who were trading among them, but that since the blame was thrown upon them, they would await the Chaquetas with a firm footing. They then took leave of him, requesting him at the same time, to furnish them with an escort lest they might be attacked by some savages who might be ignorant of the treaty just concluded. This was accorded them. On the 9th of April, Mons. de Bienville reached this place with all the troops of the Colony, bringing with him the five Natchez which the Chics had turned over to him. He informed us that the English who had remained among the Chics, had demanded the surrender of their comrades, and com pensation for sixty or eighty horses belonging to them which had been killed, and whose loss was the source of great harm and annoyance to them, as they had not another left to carry their merchandise or pursue their trade. Mons. de Bienville was deaf to their demands, especially as he suspects their pass port to be false, which leads me to believe the prisoners will not be set at large. OHAPTEE XI, lENVILLE thus terminated (1741), his mUitary career under a cloud*. In a few months he was super seded by the Marquis de Vaudreuil, son of a former governor-general of Canada, an accomplished gentle man and courtier, who brought with him, to the colonial capital, the fashions, ceremonies andgaUantry of his coimtry. He was generous, gay and addicted to pleasure, but by no- means deficient in vigilance and energy. The relations of the Chickasaws with the colony engaged his immediate attention. When their chiefs had visited Bienville at Fort Assumption, at the invitation of Celeron, and feasted with him and accepted amicable terms, they had the sagacity to perceive that it was the broken-down condition of his army, and not good wUl, that influenced the French general. They accepted his overtures for the time, but with increased confidence in their own invulnerability, and suppressed con tempt for the French. They continued their marauding expeditions on the river. French voyagers were frequently murdered or captured, and carried into their country. But the arrival of a new governor, with the reports that reached them of his military talents, and the great resources at his command, induced the Chickasaws to send a delega tion to New Orleans. Vaudreuil declined to treat unless the Choctaws, his allies, upon whom the Chickasaws had so often inflicted wrongs, were parties to the treaty. The Chickasaws then, in a very artful way, sought to draw the Choctaws into an alliance, under English support, against the French. This overture the adroit Vaudreuil detected and defeated by suborning Red Shoes, a famous chief of the Choctaws, who had long been inclined to the English, and had but recentiy been sup plied by their traders with merchandise and liquors. If the Indians of North America had retained their primitive habits, and ceased their incessant tribal wars, they could not have been con quered by colonists without trained and powerful armies. But in their contact with civilization, they acquired tastes and appetites that could only be gratified by traffic with, and subordination to the whites. Thus "*-The Court coldly ond unjustly received Bienville ou his return to France. He had given forty years of his life'to the service of the king, and most of his broth ers had died in amis. He died in Paris, March 7,1767, and was buried in the cemetery of Montmartrc. No one family in the annals of France supplied so- many brilliant officers. Eleven. brothers in the army, two brothers-in-law and several nephews in the navy. Half of these fell in battle or died at their posts. Territory and State. 87 they were induced to sell their lands, thus they enlisted under the ban ner of the invader, and fought against their natural allies and country men. 1745. Red Shoes belonged to the clan of the Six-town Choctaws, and resided near where GarlandsviUe, in Jasper county, Mississippi, now stands. He was a very audacious, troublesome fellow, and a great rascal. After bleeding the gallant Marquis very freely, and per ceiving that his stock of printed stuffs and strouds, blankets and beads, tomahawks, knives and vermUlion, powder and lead, sugar, rum and tobacco, was exhausted, and not replenished as fast as he expected, the long-headed chief regarded him as a sham and again went over to the English. He carried with him the great Mingo of the Alabamas, mem bers of the Creek and Muscogee confederacy, who had generally been friends of the French. Vaudreuil visited Mobile, where twelve hun dred Choctaws met him, received their annual presents and renewed pledges of friendship. Red Shoes refused to attend, and with his own hand tomahawked a French officer, Chevalier de Verbois, and two French traders, who chanced to arrive in his village. 1748, The factions in the Choctaw nation, fomented by the Chick asaws and the English, had been gradually growing more violent, and now broke out into civil war. The English party was the smaUest but the most indefatigable and vindictive. They penetrated to the German settlement above New Orleans, committed several murders and occasioned general consternation. The defences of New Orleans were strengthened, and all the houses at Mobile were enclosed with palisades. Some Frenchmen were murdered in the swamp between the city and the lake, and a detachment of fifty men, under one Trix- erant, on getting sight of three Indians fled without firing a shot, Shortiy afterwards the French met the Choctaws on the bayou St. John, (the water approach from the lake to the city,) and after a sharp en counter defeated and dispersed them. This was the last rencontre with the Indians in the vicinity of New Orleans. They linger now in these same recesses, on the shores of their favorite lake, chanting their dirge-like songs, in tones as low and sweet as the ripple of its waters — the feeble remains of a once numerous and martial race ! WhUe these incursions were being made by a few daring marauders, the jayhawkers of the English party, the war in the vUlages of the Choctaws, between the two factions, still raged. The Mingo, who led the party to the German settiement, was killed immediately on his return by his own brother, a chief in the French interest. A brother of Red Shoes, on his way from the Carolinas, was attacked and eight of his men slain. At last a pitched battie occurred in which the English faction was badly defeated, v/ith the loss of one hundred and eighty warriors killed and wounded. This brought the parties to a parley, and it was agreed that there could be no peace whUe the arch-intriguer lived, and it was determined that Red Shoes must die ! He was set upon and kiUed, while convoying to his village a train of English goods. The English traders, however, saved the goods, and by dis tributing them, revived the war, placing a brother of the deceased chief at the head of the partisans. They were soon after defeated and dispersed by Grand-Pre, a very active and efficient officer, who com manded a post on the Tombigbee. 1750. Of the thirty-two vUlages in the Choctaw nation, only two 88 Mississippi, as a Province, remained avowedly under English influence, but many outcasts and stragglers, the vilest marauders, were in their interest, and made it formidable. In a desperate battle about this time, refusing to fly, and not expecting or being offered quarter, they lost one hundred and thirty men; who fell where they fought. Shortly afterwards Grand- Pre, at the head of a party of Choctaws, and a few French, gave them the finishing blow, and they sued for peace. It was granted, on con dition that any Choctaw who kiUed a Frenchman should be surrender ed for punishment. That he who introduced an Englishman into the nation must die. That incessant war should be waged against the Chickasaws. That the vUlages of the English party, or rebels, should be destroyed and they should not be permitted to live in separate com munities.* Upon this the wily Chickasa-ivs, who had covertly taken part in aU these troubles, dreading a concentration of arms against themselves, made overtures, and as a peace-offering sent down some women and children captured in Arkansas. De Vaudreuil diplomatized. He, and his people and his government, still remembered with chagrin and mortification, the abortive expeditions of 1736 and 1740. So he received a wUling response from the French minister, when he applied for per mission to invade the Chickasaws. 1754. Collecting some seven hundred white troops at ^Mobile, and strongly reinforced by his Indian auxiliaries, he followed the route of BienviUe in 1736, and ascended the Tombigbee to Cotton Gin, where he reconstructed and enlarged the fort built by his predecessor. His Canadian scouts soon ascertained that the Chickasaws had abandoned their fields, and shut themselves in stockades, strongly entrenched. De Soto, as we have seen, found their forefathers in 1541, strongly fortified, and it is presumed that, in later years, they had learned some thing from the Scotch and English traders, many of whom -were re tired soldiers, who had served in the wars of Europe. The Marquis de Vaudreuil was too good a soldier, and particularly with the disas ters of his predecessor in his memory, to attack such works "without suitable artillery, and discovering that he could dra-\v them out neither by stratagem or bravado, he destroyed their fields and burnt their vil lages, inflicting much damage and suffering, by a method of war rarely justifiable, and which all civilized nations should interdict. 1753. The Marquis was soon after transferred to Canada, and the government of the colony was bestowed on Kerlerec, a veteran officer of the royal navy. In one of his earliest dispatches he says of the Choctaws : "lam satisfied with them. They are true to their plighted Tor most ot these details, occurring during the administration of Vaudreuil, I am indebted to the Hon. Charles Gayarre, the distinguished historian and civ ilian of Louisiana, (who wrote from the official correspondence in Paris,) whose works have all the interest of romance and authenticity ot history. He is re markable for his industrious research, severe scrutiny, impartial eominent, and judicial calmness, while investigating facts and discussing motives, and he throws over all this the charm ot fancy iu a style piquant and picturesque. In modern literature there are no books that provoke more interest from the first line to the last, than his various volumes on the historv of Louisiana. This eminent man has filled the high offices of legislator, Seeretnry of State, Reporter of the Supreme Court, Senator of the United States, He is still iu the maturity of his pow ers, iiu orator, writer, linguist and juris-consult, a citizen without stain or re proach, lie would adorn any position, but is particularly fitted for diplomatic service. Territory and State. 89 faith. But we must be the same in our transactions with them. They are men who reflect, and who have more logic and precision in their reasoning than is supposed." This was a true estimate of the Indians, and had it been acted on by the whites in their transactions with that unhappy race, our history would not be the bloody record that it is. 1754. About this time, under the administration of Kerlerec, a horrible incident occurred at Cat Island, on the sea-board of Missis sippi, where the French maintained a small garrison. The comman dant, Duroux, was cruel and exacting. He frequentiy punished his men by stripping them naked and exposing them all night to the mosquitoes and sand flies. They finally kiUed him and fled to the mainland, with the hope of making their way to the English settie ments. They were pursued by the Choctaws in the interest of the French, arrested and carried to New Orleans. Two were broken on the wheel, and one, a Swiss, vi'as, by his own countrymen, in the service of Kerlerec, placed alive in a coffin, and his body was then sawed in two pieces. Baudrot, a private citizen, residing at the time on Cat Island, a famous hunter and courier, had been compelled by the mutineers to pilot them in their flight, after the murder of the commandant. Kerlerec, a stern disciplinarian, had him tried as an accessory ; he was convicted, notwithstanding his producing an attestation from the mutineers that he had acted under coercion; wa^ broken on the wheel and his body cast into the river, as unworthy of sepulture. Louisiana was much neglected by the mother country during the administration of Kerlerec, owing to her own exhausted condition and feeble government; and the Choctaws, had they been hostile, could have overrun the colony. On the 3d November, 1762, a secret treaty was signed at Paris, by which the king of France, without any consideration or reservation, donated the whole country known as Louisiana to the king of Spain. There had been no negotiation whatever — no overtures on the part of Spain. It was an absolute gift, tendered through the Spanish ambas sador, and only accepted by him on the condition that his royal master should approve the act. Given by one king, from sheer inability to maintain it out of his treasury or to defend it against his enemies, and accepted by the other without any demonstrations of satisfaction. By this secret treaty, the present sea-board of Mississippi and Ala bama, as far as the Perdido, and all the country embraced in the province of Louisiana, was transferred to Spain. 1763. February i6th, a treaty of peace was agreed to at Paris, between Great Britain, Spain and France. By this treaty, France ceded to Great Britain all that portion of Louisiana lying on the east side of the Mississippi river, from its head waters to the Manshac or IbervUle, and from thence by a line in the middle of that stream to the river Amite; thence down the middle of that river through lakes Maurepas and Pontchartrain, to the sea. France, likewise, ceded the fort and river of Mobile. And Spain ceded the whole country lying between the Perdido river and the St. Mary's river, then known as Florida. Thus France divested herself of her entire claim, and Spain retained, on the east of the Mississippi, only the island of New Orleans, embraced between the River Manshac, the Amite, the lakes and the Mississippi river, as above described. 90 Mississippi, as a Province, By this tri-partite treaty, it will be noted that France ceded to Great Britain a portion of territory that in the secret treaty had been ceded to Spain, but as both parties signed the last treaty no impediments were offered. Thus all Louisiana, including the sea-board of Mississippi, passed from the dominion of the French, All traces of her occupancy of that coast, since Iberville first landed there, February 6th, 1699, have long since passed away. The forts at Biloxi, Mobile, Dauphine Island and Tombigbee, where the cadets of the noblest famUies of France resided, have disappeared. The bones of the gallant SanvoUe, Tonti, Loubois, and many of the knights of St. Louis, moulder in our soil at Biloxi. The story of their occupation has become a dim tradition. But the colonists she planted on our sea-board — especiaUy the hardy Canadians — still live in their descendants, preserving their provincial dialect and primitive habits — their fondness for hunting — their skill with the lasso and the oar — their songs and dances — and in many instances, the physiological peculiarities of the races with whom they intermarried. During the many years that the French had held Louisiana, they exhibited a surprising inaptitude for establishing colonies. They brought with them from France the national energy, enterprise, fertility of resource and vivacity, with as much of science and intelligence as existed at that day. They received frequent and generous supplies from the mother country, particularly while the colony was adminis tered by Crozat and the Western Company; they had assistance from Canada and the Illinois — the best of their soldiers and all their voy ageurs came from that quarter. But their administrators do not seem to have comprehended the first principles of colonization. There was but one predominant feeling — jealousy of the Spanish and English, on a vast continent of wilderness, wide enough for all the nations of Europe to colonize. Instead of concentrating their physical force at one or a few prominent points, they divided into insignificant garrisons, stationed at posts five hundred and fifteen hundred miles apart, tiie inter-communication being carried on by couriers in pirogues! They frittered away their time in frivolous negotiations with the Indians, and exhausted their resources in abortive and inglorious expeditions. With some of the richest land in the world in the immediate ^¦icinity of Mobile, with tracts of productive soil on every bayou that empties into the Sound, from Mobile to Pearl river — and the soil on the sea board itself capable of generous production — they w ere, while they resided there, frequentiy on the point of starvation. In 1722, the troo]>s stationed at MobUe and Biloxi, were tempo rarily dispersed among the Indians, to live on their scanty crops of corn and beans. A humiliating confession for a civUized people, the subjects of Louis, the Magnificent! The delusion of mining contrib uted to this impoverishment. A Director-General was appointed, and more than five hundred miners and assayers were employed at remote posts, not one of whom earned his rations. The civil officers of the colony, from the beginning to the close of the Frenchregime, were divided into chques, and accused each other of peculation and fraud. And even the military, in violation of every rule of subordination, took an active part in these disgusting intrigues. Territory and State. 91 The settiement on the sea-board was thus practically a failure. After the transfer of headquarters to New Orleans, with the exception of feeble posts at BUoxi, Mobile and Tombigbee, the country was abandoned except by a few Canadian hunters, who had intermarried with the Indians. New Orleans, notwithstanding every ship from France brought new immigrants, notwithstanding the addition to her population by colonies of Germans and Acadians, progressed slowly, and was alternately frightened by negro insurrections and by a few marauding Choctaws. Father Charlevoix, who was at New Orleans in 1722, seems to have properly appreciated the misgovernment of Louisiana. "The author ities," he says, "are at present engaged in seeking, to the west of the Mississippi, a place fit to make a settiement which may bring us nearer to Mexico, and they think they have found it a hundred leagues from the mouth of the river, in the Bay of St. Bernard, where La Salle landed when he missed the Mississippi. There is something much more pressing and better to be done than this. I know that commerce is the soul of colonies, and that these are of nO use to a country like France but for this end, and to hinder our neighbors from growing too powerful. But if they do not begin hy cultivating the lands, commerce, after having enriched some few persons, Avill soon droop and the colony will fail. T^he neighborhood of the Spaniards may have its use, but let us leave it to them to approach us as much as they will. We are not in a condition, and we have no need to extend ou?-- selves fafiher." These words of wisdom came from a traveling Jesuit, but they were never comprehended, either by the ministry at home or by the colonial authorities. At the very moment of the cession to Spain, Abadie, the last of the French governors, writing to the minister, says: "If the inhabitants of Louisiana had turned their attention to anything else beyond jobbing on the king's paper and merchandise, they would have found great resources in the fertility of the land and the mildness of the climate. The facihty offered by the country to live on its-natural productions, has created habits of laziness. The immoderate use of taffia (a poor rum) has stupified the population. Three-fourths, at least, of the inhabitants are in a state of insolvency. The colony is in a state of destitution; it is a chaos of iniquities; and to re-establish order, extreme measures must be resorted to, and offi cers, appointed from J^rance, must be sent to my assistance." No wonder that the king was willing to make a free gift of Louisi ana. It had proved, says Gayarre, a dead weight in the hands of the great merchant Crozat, who had buried many millions in her wilderness. The India company lost over twenty, miUions. And then the king sunk, perhaps, fifty millions of livres in the same enterprise. Charlevoix attributes all these losses, and the "condition of the col ony, "to the negligence or incapacity of those who had the care of settling it." In the judgment of the French, the sea-board of Mississippi was classed as a mere sand bank, and the sufferings accruing from their own mismanagement and want of industry, were ascribed to the pov erty of the soil. On those same "sandbanks" at Biloxi, and along the shore, and far in the interior, where the French starved and had to be billeted on the poor Indians for subsistence, luxuriant gardens and farms may now be seen, where ffowers, fruit, vegetables, cereals, cotton, sugar-cane and tobacco flourish under a more thrifty people. OHAPTEE Xil. t HE red cross of St. George, that had "braved the bat tle and the breeze" for a thousand years, had now been planted on the heights of Abraham, at the posts of the Illinois and on the savannas of Florida. All the vast dominions acquired for France by Champlain, LaSalle, Frontenac, Bienville and VaudreuU passed, after the fall of Montcalm, into the hands of Great Britian. Under the treaty of 1763 she now took possession of Florida, and, with characteristic energy, prepared to develop its great agricultural and commercial capabUities. It was divided into two provinces. 1763. By an order in council West Florida was declared to be bounded to the southward by the gulf of Mexico (including all islands within six leagues of the coast, from the river Apalachicola to lake Pontchartrain.) To the westward by said lake, lake Maurepas and the river Mississippi. To the northward by a Une drawn due east from the Mississippi river, along the 31'' north latitude, to the river Apalach icola. To the eastward by said river. Martin, Monette and other his torians say that soon after these limits were proclaimed, the British government, being informed that important settlements on the east side of the Mississippi Avould be excluded, issued a second order extending the northern boundary as follows : A line to begin at the mouth of the Yazoo, and run due east to the Chattahoochie, thence to the mouth of Apalachicola river : thence westward along the gulf of Mexico, through lakes Borgne, Pontchartrain and Maurepas up the river Amite and IberviUe to the Mississippi, and thence along the middle of said river to the mouth of the Yazoo.* "*"\'Vho were the settlers on the east side of the river between the Sf^ north lati tude and the Yazoo in 1763, that induced Great Britain to extend the northern boundary of West Florida? "We have no account of settlers at Natchez after the massacre. The French on the Yazoo had all been murdered. At every settle ment within those limits the inhabitants had been killed or had fled, and we have no evidence of their return. Emigration from the Atlantic colonies had not com menced. "We know when the Americans first came, who they were and where they •settled. But the settlements that induced the extension of the line, where were these? "^Vho were the settlers? "Whence did they come? The report made, which induced the order for extension, most probably -\vas th.it the district left out had been occupied and cultivated and would form an important settlement. There is no evidence that Fort Rosalie was occupied as a French post after Perier's expedition against the Natchez in 1732, until A'audreuil's time. He posted :a small garrison there, but reports no inhabitants. "We know that after the treaty of Territory and State. 93- But it appears from late authorities that there was only a commission issued in councU authorizing the governor of West Florida to make this extension, and no proof has been found that the order was ever exe cuted. (See 12 Wheaton, 527.) To understand how these conflicting boundaries and jurisdictions, sa long the source of controversy and litigation, originated, it is proper to recapitulate in detail, the several grants and charters, running as far- back as the reign of Charles I, of England. A contest between England and Spain, respecting, the boundaries of their territories, in this part of America, commenced with the earli est settiements or colonies which the English attempted in Carolina, and the Spaniards in Florida. At that period England claimed as far south as the 29° of north latitude. Charles I, in the fifth year of his reign, granted to Sir Robert Heath, Carolina and Florida, extending from the river Matheo in the 30"^ to the river Passa Mayena, in the 36° of north latitude. In 1662 Charles II granted the same country with some small differ ence of boundary, that is fixing its southern boundary as "within one and thirty degrees of north latitude, to Lord Clarendon and others,. (called the Lords Proprietors, ) and established it as a province by the name of Carolina ; and a subsequent charter by the same prince in 1663, confirming the last mentioned grant, extended it southward to- the 29'^ of north latitude inclusive. In 1670, by the seventh article of the treaty of peace then conclud ed between Great Britain and Spain, it was declared, that the King of Great Britain should remain in possession of what he then possessed in the West Indies and America. It is understood, however, that the boundary between Florida and Carohna continued to be a subject of contest and a disputed jurisdiction between those powers. The original English province of Carolina comprehended the pres ent state of Georgia, the Floridas and Louisiana, and the entire pro vince was long claimed by one Coxe, an Englishman, under a grant from the crown. In 1722, his sort, Daniel Coxe, published an elabor ate description of the country, and, among other evidences of his father's title, appears a report dated WhitehaU, December 21. 1699, signed by seven members of the Privy CouncU, and the law officers of the crown, in which they concede that Coxe is the legal proprietor.. In that same year he dispatched Captain Barr with an armed vessel to take possession of the country and establish a colony on the Missis sippi, and we have related how this enterprise failed by a strategem of BienviUe, and no further attempt was made to colonize under Coxe's- claim. In 1726, seven of the Lords Proprietors of Carolina, (Lord Carte- 1763, M. de Ville, commandant at Mobile, surrendered the fort there to Maj. Robert Farmer of the British army. Captain Chabert, commandant of fort Tombecbee, surrendered it to Capt. Thomas Ford. Chevalier Launeau surrendered fort Tou louse ; but there is no record of fort Rosalie, and the inference is that it and the country around had long been deserted. If this district, or any portion of it, was occupied by any but Indians after the massacre at Natchez and Yazoo, we have no means of knowing. If occupied, we have no knowledge who they were, or whence they came. They could not have been sufficiently numerous for self-pro tection against the savages on all sides, without leaving some record. And a few scattered families would have been massacred. Besides, no claim for settlement rights or grants was ever made by these reputed settlers to either the British or.-^ Spanish authorities. 94 Mississippi, as a Province, ret retaining his share,) relinquished and surrendered to George II, then king of Great Britain, seven-eighth parts of the proprietary, and their rights under the charters aforesaid, and this surrender was accept ed by act of Parliament. About this time Carolina was divided into South and North Carolina; and after the surrender a part of the latter province was assigned to Lord Carteret, for his share in the original proprietary. In 1732, George II granted and established within the boundary of South Carolina, the colony of Georgia, bounding it from the north ern branch of a river called the Savannah, all along the sea coast, to the southward unto the most northern branch of a certain other river called the Altamaha, and westward from the heads of the said rivers respectively, in direct lines to the south seas. South Carolina, after the establishment of the province of Georgia, continued to claim and ex ercise jurisdiction over the territory lying to the southward of the Al tamaha, and in 1758, particularly, the governor of South Carohna encouraged a settlement which had been commenced by one Grey and his adherents, and granted them patents of land, in that territory. Subsequently, the trustees for establishiug the colony of Georgia surrendered their charter to George II, and in 1754 John Reynolds was appointed governor of Georgia, then constituted into a royal pro vince by the same boundaries which had been given to the colony in the original charter. In 1763, by the treaty of peace concluded between Great Britain and Spain, his Catholic Majesty ceded and guaranteed in full right to his Britanic Majesty, Florida with fort Augustine, and the bay of Pen sacola, as well as all that Spain possessed on the continent of North America to the east or south-east of the river Mississippi. In the same year the King of Great Britain, then possessing entirely the right and control of this part of America, estabhshed by his proclamation the provinces of East and West Florida. The northern boundary of the former was declared to be, a line drawn from the junction of the Chatahouchee and Fhnt rivers to the source of St. Mary's river, and by the course of that river to the Atiantic ocean. The northern boundary of West Florida was declared to be a line drawn due east from that part of the river Mississippi, which lies in 31° of north latitude to the river Chatahouchee. By the same proclamation all the lands lying between the rivers Atiamaha and St Mary's, were annexed to Georgia. By letters patent, dated in the fourth year of George III, James Wright, who is recited to have been appointed governor of Georgia in the first year of George III, was again constituted governor of that province, of which the southern boundary was described to be, by the most southern stream of the river St. Mary to the head thereof, and thence westward as far as our territories extend by the north boundary of East and West Florida. In March, 1764, a representation was made by the board of trade lo the King of Great Britain that, upon the information of the gov ernor of West Florida, the northern boundary of that province as lately estabhshed, had been found, by actual surveys, to exclude some' considerable settiements on the Mississippi, and the town of Mobile itself; and therefore it was recommended and proposed that an in strument might pass under the great seal, in like manner as was Territory and State. 95 directed in the case of the extension of the south boundary of Geor gia, declaring the province of West Florida to be bounded to the north by a line drawn from the mouth of the river Yazous, where it unites with the Mississippi, due east to the river Apalachicola. It appears, that by letters patent dated 21st Novt-mber, fourth )'ear of King George III, George Johnstone, Esq., was appointed governor of West Florida, described to be bounded on the north by a hne drawn due east from that part of the river Mississippi which lies in thirty-one degrees of north latitude, to the river Apalachicola; and that by other letters patent dated 6th June, in the same year, so much of the last mentioned commission to Governor Johnstone as related to the bounds and limits of the said province was revoked, and he was appointed governor of West Florida, bounded to the northward by a line drawn from the mouth of the river Yazous, where it unites with the Tilississippi, due east to the river Apalachicola. In 1765 an act was passed by the Legislature of Georgia, confirm ing, on certain conditions, the grants which had been made by South Carolina to Grey and others, of certain lands lying south of the Al tamaha. It appears, also, that by letters patent dated July, 1767, John EUiot was appointed governor of West Florida, comprehended within the limits and bounds which had been established by the commission granted to Governor Johnstone June, 1764; and that the commission and instructions, which were issued to Peter Chester, Esq. , on the 2d of March, 1770, constituting him governor of West Florida, gave the same extent to his authority as had been given to Governor Elliot. In 1777, the Natchez district, so called, described to be on the Mississippi, and to extend from Loftus Cliffs up the river to the mouth of the Yazous, being one hundred and ten miles, was purchased by the British Superintendent of Indian Affairs from the Choctaws. In May, 172;!, the province of West Florida was conquered by Spain. It appears that from June, 1764, until this conquest, when this province was surrendered by Governor Chester, patents and loca tions of lands within the Natchez -district, were granted and made by the authority and under the protection of the British governor of West Florida. In November, 1782, by the provisional articles of peace between the United States and his Britannic Majesty, the southern boundary of the United States is determined to be a line to be drawn from the Mississippi due east in the northernmost part of the thirty-first degree of north latitude to the Chatahouchee, thence to its junction with the Flint river, and thence to the head of St. Mary's river, and by that river to the ocean, thereby adopting and coinciding with the northern boundary of East and West Florida, as estabhshed by the proclama tion of the King of Great Britain in 1763, and his commission to Gov ernor Wright, as before mentioned. In February, 1783, the State of Georgia, by an Act entitied "An Act for opening the land ofiice, and for other purposes," declared the southern boundary of that State to be a line drawn from the Missis sippi, in the latitude of thirty-one degrees, in a due east course to the river Chatahouchee ; and in other respects, according to the southern boundary of the United States, as settied by the provisional treaty before mentioned. 96 Mississippi, as a Province, The definitive treaty between the United States and Great Britain, concluded on the 3d September, 1783, confirmed the same southern boundary to the United States. The treaty of peace concluded on the same day, between Great Britain and Spain, declared an entire cession, in full right, of East and West Florida, to Spain ; but without expressly defining the boundaries of those provinces. In February, 1785, the legislature of Georgia established into a county, by the name of Bourbon, a district declared to be within that State, and described within the following lines, viz: Beginning' at the mouth of the river Yazous, where it empties itself into the river Mississippi; thence by a line to be drawn along the middle of said river Mississippi, until it shall intersect the northernmost part of the 3 1 ° of north latitude ; south by a line to be drawn due east from the termination of the line last mentioned, in the latitude of 3 1 ° north of the equator, as far as the lands reach which, in that district, have been, at any time, relinquished by the Indians ; then along the line of such relinquishments to the said river Yazous, and thence down the said river to the beginning. By the same act, the said legislature, considering it as not then proper to grant the lands within the said district, declared that whenever that measure should be determined on by any future legislature, there should be a right of preference re served to occupants of the said lands, who s'aall be citizens of the United States or the subjects of any power friendly to the United States during the war ; provided, such j)ersons do actuaUy live on, and cultivate such lands, or a part thereof, and shall apply and present themselves on equal terms with other petitioners. It is also thereby enacted, that when it shall be determined to grant the said lands, the price thereof shall not exceed one quarter of a dollar per acre. By the same act, certain persons therein named were appointed justices of the peace for said county, and provision was made for qualifying them upon such appointments; and the same justices, and any two of them, were authorized to administer to any inhabitant in said district, not proscribed by that or some other of the United States of America, the oath of allegiance to the State of Georgia; and persons who should be qualified by such oaths, were declared to be entitled to vote for, and serve as members of assembly, or militia officers, in and for said state of Georgia.* •*Thi3 act was passed chiefly on the representations of Col. Thomas Green. He and Cato West -\vere Virginians, who lived several years in Georgia, and then with the Harrisons and other families, set out from Georgia to the Holston ; there built boats and went down the Tennessee river, intending to join Gen. Geo. Eogers Clarke. But not being able to ascend the Ohio, they concluded to descend to the Natchez country. Here they obtained large grants "of land iu what is now Jeii'er- son county. Col. Green soon got into a dispute with the Spanish governor, was arrested and sent to prison in New Orleans. His devoted wife followed him and there died. lie was then released. Being a man of indomitable resolution, he made the overland journey to Georgia, and was mainly instrumental in getting the Legislature to pass tho Act asserting the jurisdiction of Geors^ia over the Natchez district and organizing it into a county named Bourbon, 17Sj. He left a large family. His son, Thomas M. Green, was our second delegate to Congress. Their connections aud alliances, at one period, largely controlled the Territory. The Justices appointed bv the Bourbon Act were Thomas Green, Cato West, Tac itus Gilliard, Sutton Banks, Nicholas Long, "Wm. Davenport, Nathaniel Christmas, Wm. Mcintosh, Benj. Farrar, Thomas M. Green, "Wm. Anderson, John Ellis and Adam Bingamin. Abner Green, Register of Probates. All men who, at any stage of our history, would reflect honor on the highest station. Territory and State. 97 In INIarch, 1785, a petition in behalf of South Carolina was pre ferred to the Congress of the United States, setting forth the difference and dispute which had arisen, and then subsided, between that State and the State of Georgia, concerning their respective boundaries. By that petition the State of South Carolina claimed, as within their charters, all the lands lying between a line to be drawn from the head of the river St. Mary, the head of Altamaha, the Mississippi and Florida; and because the State of Georgia contended for the same tract of country as a part of that State, it was prayed that Congress would proceed to have such dispute determined agreeable to the articles of confederation. Georgia ^vas accordingly notified, appeared by her agents, and commissioners were appointed. In 1787, this dispute of boundaries between Georgia and South Carolina was amicably concluded by their respective commissioners. By that convention the northern boundary of Georgia was distinctly ascertained, and it was agreed that the State of South Carolina should not thereafter claim any lands to the eastward, southward, southeast ward, or west of the boundary then established; and South Carolina thereby relinquished and ceded to Georgia " all the right, title and claim which the said State of South Carolina had to the gov ernment, sovereignty and jurisdiction in and over the same; and also the right of pre-emption of the soil from the Indians, and all other the estate, property and claim, which the State of South Caro lina had in, or to the said land." In February, 1788, the legislature of the State of Georgia author ized the delegates of that State in Congress to cede to the United States all right, title and claim, as well of soil as of jurisdiction, which that State had to the territory, or tract of country within the limits of Georgia, comprehended within these boundaries, viz : beginning at the middle of the river Chatahouchee or Apalachicola, where it is in tersected by the 3 1 ° of north latitude, and from thence due north, one hundred and forty British statute miles, thence due west to the middle of the river Mississippi, thence down the middle of that river to where it intersects the 31° of north latitude, and thence along said degree to the beginning, upon certain conditions recited in said act, to be per formed on the part of the United States. By the same act the State of Georgia repealed the act before mentioned, establishing the county of Bourbon, within that territory. A cession in the terms of the said act of the State of Georgia was accordingly proposed to the Congress, and was rejected by their res olution of the 15th July, 1788, the terms of such cession being de clared inadmissible. Congress, at the same time, declared "that in case the said State shall authorize her delegates in Congress to make a cession of all her territorial claims to lands west of the river Apalachi cola, or west of a meridian line running through or near the point where that river intersects the 31° of north latitude, and shall omit the last proviso in the said act, and shall so far vary the proviso re specting the sum of 171,428 dollars and 45 cents, expended in quiet ing and resisting the Indians, as that the said State shall have credit in the specie requisitions of Congress to the amount of her specie quotas in the past requisitions, and for the residue in her account with the United States for moneys loaned, Congress will accept the cession." In a representation made to the court of Spain, on the subject of 7 gS Mississippi, as a Province, boundary, by the commissioners for the United States, on the 7th of December, 1793, it is stated that the southern boundary of Georgia -was fixed by the proclamation of the King of Great Britain in 1763, at a time when no other power had a claim to any part of the country through which it run, to begin in the middle of the Mississippi river, in latitude 31 north, and running eastwardly to the Apelachicola. A like representation was made in the course of the same negotiation, in August, 1795 ; and by the treaty which was concluded in that year, between the United States and Spain, the southern boundary of the United States was finally agreed to be as it is described in the defin itive treaty before mentioned with Great Britain. It appears that, after the acquisition of West Florida by Spain, the Spanish governor of that Province granted patents and permitted locations of lands within what was afterwards known as the Mississippi Territory, until, and even subsequent to, the relinquishment of it by Spain, in its treaty with the United States. The Legislature of the State of Georgia, by an act passed December 22d, 1789, in which it is recited that divers persons from the State of Virginia, North Carolina and South Carolina, had made application for the purchase of certain tracts, and parcels of land, lying and bor dering on the Tennessee, Tom or Don-Bigby, Yazoo and Mississippi rivers within the State of Georgia, and had offered to settle the same, and that a part of such territory had been already settled on behalf of some of the applicants under and by virtue of the act before men tioned for laying out and establishing the county of Bourbon, granted and engaged to reserve as a pre-emption for certain companies which are named in the said act, distinct tracts of the said territory for the term of two years thereafter and to be conveyed to them respectively in case certain payments of money, as a consideration of such grants, should be made within that term. The settlement of the right to this vast territory was attended with many difficulties. It was occupied by the Creeks, Cherokees, Choc taws and Chickasaws, numerous and wSrlike tribes, who claimed it as theirs by conquest and inheritance. The United States claimed the British title, and Spain claimed, as parcel of West Florida, all south of the east line from the mouth of Yazoo river, and, as part of Louisiana, a large district east of the Mis sissippi, and south of the 31° north latitude, which had not yet been more strictly defined. To strengthen her titie, in June, 1784, Spain made a treaty, at Pen sacola, with the Creeks, Choctaws and Chickasaws, by which they conceded the Spanish titie, and engaged to support it. And subse quentiy the famous Alexander McGillervay, head chief of the Creeks, and special agent of the Seminoles, Talapoosas, Alabamas, Cowetas, and other towns of the Muscogee confederacy, acknowledged himself, land those he represented, subjects of the Spanish crown. ¦Georgia, in the meantime, asserted her undeniable right to the terri tory in question, and made several treaties with the Creeks and Cher okees. The United States entered into treaties with the same tribes, more or less conflicting with the treaties made by the State. In 1795, the Legislature of Georgia, annoyed by federal interfer ence, and to assert her claim and draw population to her frontiers, sold Territory and State. 99 •:to four companies the greater part of the territory in dispute between the State and the United States. To the Georgia-Mississippi Company it conveyed most of the terri tory west of the Tombigbee river, comprehended in the second article of the pro^"isional treaty of 17S2, ceded to the United States as part of West Florida. This tract was about two hundred miles long and ¦eighty-two in breadth, being about one-fourth of the present State of Mississippi. To the Georgia Company it conveyed another portion of the ceded part of Florida and alarge tract above the limits of that province, being a parallelogram three hundred miles long and one hundred wide, besides a triangle fifty mUes in length at its base, and one hundred miles from the base to the opposite angle. To the Tennessee Company and to the Upper Mississippi Company ¦were ceded two tracts, one about one hundred and fifty mUes long and fifty miles wide, the other about one hundred and twenty-five miles long and twenty-five in width — being about two-thirds of all the ¦territory claimed by Georgia under the provincial charter of 1732, and under the proclamations of the king of Great Britain, after the treaty of Paris, February 10, 1763, which annexed "to Georgia all the terri tory, thus acquired, between Florida and 35° north latitude — compris ing perhaps 35,000,000 acres. The purchasers began at once the work of colonization, and disposed ¦of numerous parcels, and would have sold many more but for the op position and interference of the United States. This famous act, known in history as the Yazoo Fraud, was gener- .ally condemned in the United States, but no where as strongly as in Georgia itself, whether upon the ground of bribery or merely for in- -adequate consideration, has not been determined. The ensuing Legis lature, without any division, declared the contract void. The legality •¦of the grant, and of the repealing act, was tested before the Supreme Court of the United States in the celebrated case of Fletcher vs. Peck, 6 Cranch, 87. The court, however, did not go deeply into the title 'Of Georgia, but limited itself chiefiy to the question as to the right of the legislature to annul the contract, so as to deprive innocent pur- ¦ chasers of their vested interests. The decision was in their favor. Poth South Carolina and Georgia, it has been shown, had claims to the domain now constituting the States of Alabama and Mississippi. In 1787 the former, with a generosity which has not been reciprocated, ceded her claim without further consideration than "her desire to adopt every measure to promote the honor and dignity of the United States .and strengthen the federal union" — noble words that should be always remembered. Georgia, in 1785, had organized the vast territory — much of it then ¦ occupied by the Spaniards — into a single county, appointed its civil officers and was meditating to hold it by military power. In 1802, in a spirit of deference to federal authority, she repealed this act, and ¦ceded the whole district, outside her present limits, to the United States on certain conditions that have not been honestiy complied with : I. The United States shall pay to Georgia $1,250,000 out of the ¦first net proceeds of the land ceded, on account of expenses it had iincurred in the disputed territory. 2. That aU persons settled before loo Mississippi, as a Province, October 27, 1795, within that territory, under British or Spanish grants, or claiming under an act of the Georgia legislature, passed in 1785, laying it out into a county styled Bourbon, shall be confirmed in their possessions. 3. That the lands ceded shall be a common fund, excepting 5,000,000 atres, which the United States, before twelve months liad elapsed after the assent of Georgia to the agreement, might appropriate to satisfy the Yazoo claimants. 4. That the United States shall, at their own expense, extinguish for the use of Georgia, the Indian title to all the lands within the State, as early as the same can be obtained on reasonable terms. 5. That the terrritory ceded shall be admitted into the Union as a State as soon as expedient, and that it shall be governed as the North-western territory, with the exception that slavery shall not be prohibited. Upon these terms the claim of Georgia was ceded to the United States. On its part it ceded to Georgia all claims to the territory east of the boundary line described in the above agreement, not lying within any other State, and $5,000,000 were subsequently paid to the Yazoo purchasers upon their relinquishment of their claims both to the land, and to the money paid by them into the treasury of Georgia. After this agreement the State of Georgia had good right, as her archives will prove, to complain of the exactions and intermeddling, and bad faith of the federal authorities. She had expressly stipulated for the extinction of the titie of the Indians, and their removal from her limits, but the United States disregarded the agreement, and by its accredited agents actuaUy counteracted the exertions of the State authorities to get rid of the nuisance. More than once she was menaced with mUitary coercion. In 1793, by a decision of the Su preme Court of the United States, the sovereignty of the State had been ignored. It was held, by the court, that "a State" was a mere "contrivance," which could be dragged before that imperial tribunal, on the demand of any complainant, alien or otherwise. Chisholm's Ex'ors vs. State of Georgia, 2 Dallas, 419. In 1832, by a decision of the same court, with only two dissentients, the Cherokees, within her chartered limits, hostile to her people and constantiy disturbing her peace, were adjudged to be "a nation," and the -whole power of the federal government was arrayed against a State which, with a subUme patriotism, like Virginia and Carohna, Jiad relinquished her immense territory, embracing the richest agricultural country on the globe, for the sake of harmony and union ! The southern boundary of the United States, it should be remem bered, by the treaty of 1783 with Great Britain, was to start from the Mississippi river at the 31° north latitude. But by her treaty with Spain of the same date. Great Britain ceded to her West Florida, in its integrity as she had promised it at the time of the cession. This, as we have seen, would carry the boundary of AVest Florida to the mouth of the Yazoo river, including the whole Natchez district, Spain was then in possession of the disputed territory, under the conquest of Galvez, and she refused to surrender it to the United States, She erected forts at Nogales, (Walnut HUls, now Vicksburg,) and New Madrid, and strengthened the garrisons of Manchac, Baton Rouge and Natchez, Both powers had equitable titles, and it is difficult to determine which was the strongest. But there is no question that the titie of Territory and State. ioi "Georgia, and of those claiming under her, was better than either. While she was still asserting this claim, and Spain and the United States in a diplomatic wrangle about it, the former being in possession, by an act of Congress, approved April 7th, 1798, the Mississippi Ter ritory was created with the following boundaries : On the west by the Mississippi river ; on the north by a line to be drawn due east from the mouth of Yazoo river to the Chatahoochie ; on the east by that river; on the south by the 31° north latitude. This embraced all that is now within the limits of Mississippi and Alabama. This act was a casus belli for Spain, and Georgia had just grounds for resent ment. Both were powerless. The Mississippi river settled the matter just as it settled the late civil war. The warlike people of the west — trained to arms in the revolutionary war, and in their conflicts with the Indians — had discovered the mighty commercial resources of their country, and resisting the overtures of Spain and their sympathies with Georgia, they determined that the Mississippi river, their only highway to the_ markets of the world, should be owned and controlled, in its whole- length and breadth, exclusively by their own national government. They disregarded the equities of both Spain and Geor gia, responding only to the suggestions of expediency and necessity. Had the federal authorities faltered one moment in their policy, so persistently and successfully pursued, the western people, with the American settlers in the disputed territory, would, unquestionably, have armed «j masse, and driven the Spaniards into the Gulf of Mexico. The conflicting boundaries, and the conflicting grants of land made by the British and Spanish authorities of West Florida, one grant very often saddling the other, have been often and elaborately dis cussed by the State and Federal courts, and the Spanish grants have generally prevailed on the ground that the British grants were made subsequent to the Declaration of Independence which, foUowed by successful war, extinguished the British title to the public domain. See the case of Harwpod vs. Gaillard, 12 Wheaton, 523; Henderson vs. Poindexter, Lessee, 12 Wheaton, 530; Nevitt vs. Beaumont, 6 Howard, Miss. Rep., 237; Johnston vs. Mcintosh, 8 Wheaton, 579; Fletcher vs. Peck, 6 Cranch, 142 ; Danforth vs. Weir, 9 Wheat, 676; Hickey vs. Stewart, 3 Howard S. Court Rep., 756. And particularly the case of Montgomery, et al, vs. Ives, et al, at the November term of the High Court of Errors and Appeals of Mississippi, 1849, ^.nd the very learned and exhaustive opinion of the Court, delivered by Mr. Justice Clayton. OHAPTEE XIII. *^S^' T IS important to bear these conflicting boundaries im mind, as they occasioned much diplomacy, discontent and litigation. By the provisional treaty of November 2oth, 1782, between Great Britain and the United States, the southern boundary of the latter was fixed at the 31° north latitude. Great Britain, by her treaty of the- same date, with Spain, ceded to that power the province of" fWest Florida, which, under the British government, as "\ve have seen,, extended as far north as the mouth of the Yazoo. Under" this conflicting grant, Spain took possession of the Natchez dis trict, and held it untU 1798, when she evacuated it, and the United. States entered upon it ; not, however, without a protest from the State of Georgia, which rightfuUy claimed the whole district under the original charter of 1732. It is weU known that Oglethorpe's colony was established at Savannah, under the auspices of George_ II, speciaUy to obtain a footing on, and west of, the Mississippi _ river. Georgia sent her commissioners, to assert her rights, to the Spanish au thorities, and as has been shown, she organized it into a county and appointed civil officers. The extension of the boundary placed the northern line of British West Florida at 32° 28' north latitude. AU of what are now Missis sippi and Alabama south of that line, made a part of AVest Florida ; , all north of it belonged to the British province of lUinois, which in cluded, likewise, the western portions of what are now Tennessee' and. Kentucky.* 1764. Capt. George Johnstone, a Scotchman, a distinguished naval officer, arrived at Pensacola, with the commission of Governor. He brought with him a British regiment of Highlanders, and numerous. persons foUowed in his train to settie in the province. He appointed commandants, and sent garrisons to Fort Conde at Mobile which- he called Fort Charlotte, after the Queen ; to Manshac, which was caUed Fort Bute ; and to Fort Rosalie at Natchez, called Fort Panmure, after two of the British ministers. He appointed civil magistrates, and organized a superior court at Pensacola, whose jurisdiction ex tended over the whole province, and where it administered justice -*This line, from the mouth of the Yazoo, traversed the present State of Missis sippi and struck the Tombigbee below Demopolis; crosseel the Alabama river near the junction ot the Coosa and Talapoosa, and terminated on the west bank. of the Chatahoochie, between Columbus and Fort Mitchell, in Georgia. Territory and State. loj under the common law of England, from its inauguration to the close of British rule in 1782. All cases, over a magistrate's usual jurisdic tion, were tried before it. Persons charged with murder at Natchez,, and other remote points, were sent to Pensacola for trial. The Governor had liberal instructions in regard to public lands, and was authorized to make grants, without fee or reward, to every retired officer who had served in America against the French and Indians,, and to any private soldiers, disbanded in America, who should apply. A field-officer was entitled to five thousand acres ; a captain, three thousand ; every subaltern or staff officer, two thousand ; non-com missioned officers, three hundred; privates, one hundred acres. This generous provision on the part of the crown was the nest-egg of our population. It attracted a class of enterprising and intelligent men who, after the peace of 1763, had been drifting about. Immi gration rapidly set in, consisting, at first, of disbanded officers and soldiers. The troubles and dissensions between the c^jlonies and tiie mother country were growing serious. Great diversity of opinion existed among the colonists, and especially in the Carolinas. Many jDersons loyal to the Crown, but unwiUing to take part against the people among whom they lived, embracing, in numerous instances, their kindred and even their own households, sought refuge in West Florida from the distractions at home. It has been the custom ta denounce these men as tories, and enemies of their country. Such censure would be proper when applied to men who drew the sword against their countrymen, and waged upon them a savage and relent less war. But the same sentence should not be pronounced on those whose sense of loyalty and of duty forbade them to fight against the king; but rather than stain their hands with kindred blood, renounced home, comfort, society and position for an asylum in the wilderness. The right of conscience and of opinion is sacred, and at this distance of time these men, once generaUy condemned, may be properly appre ciated.* *Three remarkable cases occur to me, to show that when the conflicts and col lisions of the .war were still fresh, and many of the actors still survived— there was much toleration in relation to the loyalists, even for those who had fought for the- king, 1st. The case of Philip Barton Key. A native of Maryland, he entered the British army in 1778, and held a commission in a provincial or loyal regiment He was at Pensacola when Gen. Campbell surrendered it to Galvez ; was sent to Havanna, whence he was allowed to go to England on parole, but was not ex changed until the peace of 1783. "When this took place his regiment was dis banded, and the officers retired on half pay. In 1785, he returned to Maryland. 1794, was elected to the Legislature and served for several years. He continued to draw his jiension until 180.5, when he formally resigned his rank and pay in the British army. In 1808, he was elected to Congress, and his seat was contested mainly on the ground of non-residence in the district, but the above facts were shown (and not denied) as an additional objection. The committee reported in his favor, and expressly added that the suggestion of his being, or having been,, a jDcnsioner or half-pay officer would not authorize them to alter their opinion. The report was sustained and Mr. Key became a distinguished member. He was the father of the Hon. Francis Key, author of the "Star Spangled Banner." 2d. Edward Tifiin came over as surgeon with Gen. Burgoyne, and was on duty at the time of the surrender. He remained in the country; went to Ohio; took an active part in the opposition to St. Clair and Sargent; was elected by the anti- administration or Jeffersonian party to the first Legislature; continued in service until 1802 when he was elected governor and served until 1808. 3d. Elihu Hall Bay, of South, Carolina, followed the British authorities to Pen sacola and held ofiice under Gov. Chester during the revolutionary war. He re- 104 Mississippi, as a Province, Many of this class from Georgia and the CaroUnas, and some from colonies farther north, foUowed the British flag to Pensacola, and thence made their way to the shores of lake Pontchartrain, to Man chac, Baton Rouge, Natchez, Bayou Pierre and Walnut Flills. 1764, Robert Farmer, under a commission from Governor Johnstone, took possession of Mobile. Farmer was a man of fortune, highly educated and a humorist. Aubry, the last of the French governors of Louisiana, in one of his dispatches, says : The English commandant at Mobile is an an extraordinary man. As he knows that I speak English, he sometimes writes to me in verse. He speaks to me of Francis I, and Charles V. He compares Pontiac to Mithradates. He declares that he goes to bed with Montesquieu. When there occurs some petty difficulties between the inhabitants of my province and his, he quotes Magna Charter and Coke upon Littleton. It is said the British ministry sent him to Florida to get rid of him, because he was equally troublesome as a friend and as an opponent. He pays me extravagant compliments which I re turn to him. He is a man of parts," but a dangerous neighbor. He had barely set foot in Mobile before he demanded the return of the artillery, which our garrison brought away when they evacuated Fort Conde. He claimed the guns at Fort Tombeckbee, and at the posts in the Illinois, and insisted like wise that we are bound to defend the English from Indian incursions. Very shortiy after Governor Johnstone established himself at Pensa cola, he dispatched Major Loftus, with three hundred and fifty men, to take possession of the lUinoisposts, Under that clause of the late treaty which secured for the English the free navigation of the Missis sippi, the detachment took the river route, and left New Orieans February 27 th. The French governor had taken the precaution to admonish the Indians along the river to keep the peace, and placed his interpreter at the service of the British officer. Between New Orleans and Point Coupee they lost fifty men by desertion. At the Point they came near a collision with the French. A slave took refuge on one of the barges, where he was discovered by his master, who applied to the commandant of the French post for his arrest. Maj. Loftus would not allow the arrest, declaring, in advance of the great jurists of England, that the fugitive on his barge stood on British soil, under the protection of the flag ! And he ordered his men to stand to their arms. The French commandant prudently desisted. Soon after the interpreter took his leave, but warned the Major to be on his guard against the savages. On the 19th J\larch, as the boats approached Davion's bluff, (now Fort Adams,) they were fired on by some Indians in ambuscade, probably the Tunicas, the allies of the French, who resided in that vicinity. Half a dozen men were kiUed, and seven or eight wounded. The flotUla immediately fell back, the Major and his officers concluding that, under French in- oeived a large grant oE land in the Natchez district, and became owner of large bodies on the Homochitto and at the "Walnut Hills by purcha.-ic. After the war he returned to Carolina and was placed on the bench, a position he held many years. Philip Livin.i^-.ston, of New York, was a loyalist in the king's employment at Pensacola, during the British occupation of West Florida. A striking evidence of this burial of ancient animosities occurred recently in Connecticut, in celebrating the birth-day of Gon. Israel PiKnam. On a well- rcmerabercd occasion lie was pursued by a troop of New York tories and nar rowly escaped capture by riding down a rocky precipice which they were afraid to attempt. At this celebration, Mr. Merritt, of Canada, son of the tory captain, ^yas tlie special guest, and sat vis a vis with the great-grandson ot the General, He was toasted and made a humorous and efl'ective speech. Territory and State. 105 stigation, all the Indians on the river were in arms, and to continue the voyage was impracticable. On his arrival in New Orleans, the irascible Englishman accused the French governor of treachery, and would accept no disclaimers. He carried his command to Mobile and Pensacola, and no farther attempt was made from that quarter to take possession of the posts of the lUinois ; and the Pontiac war then raging, effectuaUy barred aU communication with British head quarters in Canada. These remote posts and settiements which, as we have seen, had long maintained a constant intercourse with the French at Mobile, Biloxi and New Orleans, had often brought down timely supplies, and had sent strong detachments to aid them in the Chickasaw wars, were, after the retreat of Maj. Loftus, left in a state of isolation, governed by their former magistrates and customs, and it was some two years before the British authority was regularly in stalled. 1765. Governor Johnstone invited the Chickasaws and Choctaws to a general council in Mobile. The details of the trade to be carried on between them and the British traders were agreed upon, and regu lar prices fixed on merchandise and peltries. Another, and the main object of the governor in assembling the tribes, was to make the path safe for the immigrants, who were pouring into the province, and neces sarily had to traverse the Indian territory. Many families came by way of the Ohio, the Holston and the Tennessee. They had to run the gauntlet of the Cherokees, who committed frequent murders. While this tide of immigration was flowing into West Florida, spread ing from Pensacola to the Tombigbee and the Mississippi, the British merchants carried on a brisk free trade on the Mississippi, very much to the annoyance of the Spaniards who had succeeded the French. Ships loaded in London with assorted cargoes suitable for the trade, were consigned to British agents at the British post of Manchac* These vessels sailed by New Orleans, and slowly ascending the river gave the planters the opportunity of purchasing at prices far less than the current prices in New Orleans. A brisk trade likewise, in contraven tion of the laws and policy of Spain, was carried on in negroes. These were usually brought by British slave dealers directly from Africa to Jamaica, and thence shipped to Pensacola, whence they were trans- "'¦The Manchac, or Iberville, river was the dividing line between the English province of West Florida and the Island of New Orleans now in the hands of Spain. The English and Spanish each maintained military posts on their respec tive sides of the Manchac. The English post grew to be quite a village ; English agents of London merchants lived there and carried on a brisk business in mer chandise and negroes, with the Louisiana and Florida planters. This route by the lakes, up the Amite to bayou Manchac, and up that bayou to the Mississippi, as we have seen, was first explored by Iberville. It became the main thoroughfare between the French settlements on the seaboard and the Illi nois posts. The English used it, while they held West Florida, as the most direct line of communication between Pensacola and Natchez. Bartram, in 1777, thus describes the route : •'Ascending the Amite to the forks where the Iberville (bayou Manchac) comes in on the left hand, and proceeding briskly we soon came to the landing, where there are warehouses for depositing merchandise, this being the head of schooner navigation. From this point to Manchac, on the Mississippi, just above the out let of the bayou is nine miles by land, the road straight and level, and passing through a grand forest. The buildings established by the English, particularly those of Swanson and Co., Indian traders, are spacious and commodious. Over Fort Bute floats the British flag, while just across the bayou, on the bank of the river, is a Spanish post. There is a foot bridge between the two fortresses." io6 Mississippi, as a Province, ported, by the lakes, to Manchac, and there exchanged with planters for indigo, tobacco, staves, peltries, etc., and a credit of one or two years, with a lien on the crops was usually given. Negroes rated according to the districts they came from. The Eboes, were consid ered savage and intractable, and could not be disposed of except at very low figures. The French, as we have seen, introduced this traffic, and the British prosecuted it with great activity, as long as their flag floated over West Florida. The trade subsequentiy fell into the hands of the New Eng land dealers, of whom the wealthy and aristocratic D'Wolf's, of Rhode Island, were most conspicuous. 1770. Governor Johnstone, who had shown himself energetic and capable, was, probably owing to political changes in England, recalled about this time.* His successor was the Hon. Montford Brown, who owned a large district of land at the cliffs, (now Port Hudson), and in 1777 was promoted to the government of the Bahamas. The first grant he made was for five thousands acres to Daniel Clarke, (uncle of the more notorious personage of the same name), an Irishman, who had commanded a Pennsylvania regiment in the ro)'al service. This grant covered a part of the old Hubert-CoUy concession on St Cath erine, near Natchez. 1771. Hon. Peter Chester was appointed Governor, with Phillip Li^-ingston, of New York, secretary. The records show that immi grants StiU poured into West Florida. Lands in the vicinity of Mobile, Manchac, Baton Rouge, Bayou Sara, Natchez, Bayou Pierre and Wal nut HiUs, were particularly in demand. In the Natchez district there was granted to the Earl of Eglinton 20,000 acres, on what is now known as Pine Ridge ; Earl Harcourt, 10,000; Admiral Bentinck, 10,000; heirs of Thomas Conryn, 10,000; Elisha Hall Bay, 16,- 000; Admiral Rodney, 5,000; Sir Wm. Dalling, 5,000; Gov. Phillip Barbour, of Virginia, 5,000, near Grand Gulf; Admiral Onslow, 5,000; Col. Anthony Hutchins, several large tracts, including the White Apple vUlage, the residence of the Natchez chief of that name. As far back as 1768 the king had issued an order, or mandamus, ¦-Governor Johnstone did not lose his influence with his ofiice. In 1776-7 he was in Parliament taking an active part in the American debates, and only siding with Ministers after the French alliance with the colonies. In reply to Lord Howe, who had sneeringly said "that he. Admiral Howe, would never apply to Captain Johnstone for instruction," the governor said : "Although he was no more than Captain Johnstone, he would not give up his experience to Admiral Howe or any other admiral whatever ; he had seen as much service as the noble lord, and had been in more battles. What he had oft'ered rela tive to the affair between the fleets he submitted to the House as his opinion, an opinion not theoretically formed, but founded on professsonal knowledge. Nothing that had fallen from the noble lord had aftorded him the least reason for altering his sentiments; and he so far diftered from him, that instead of refusing to serve in this time of public exigency, he would take any command that should be offered him. Many gentlemen knew that at the commencement of the Amer ican war he would not have accepted of any employ against that country, because he thought the war unjust in its end, and oppressive in its principle and mode of carrying on. The case was now materially altered. This country had done every thing which became her to convince America of her readiness to act with modera tion and justice. France had perfidiously broken her treaties, and seduced America into an ofi'en.sive league against Great Britain ; in such a crisis it behooved every man who felt for the injured honour ot his country to step forward. He for one Avas ready to exert his utmost abilities in any capacity that government might tliink proper to employ him. So far from attempting to" prescribe the conditions on which he would serve, he would accept even the command of a lanm-boat. Territory and State. 107 to the governor of West Florida to have surveyed and aUotted to Amos Ogden, of New Jersey, a retired naval officer, 25,000 acres in one single tract. In 1772, Captain Ogden sold 19,000 acres of his claim, to Richard and Samuel Swayze, of New Jersey, at the rate of twenty cents per acre. They made a reconnoisance of the district, and located the claim on the Homochitto river, in the present county of Adams. In the fall of the same year the two enterprising brothers, with their famihes and a number of their kindred and friends, sailed from Perth Amboy for Pensacola ; thence, by the usual lake route, to Manchac ; up the Mississippi, and then up the Homochitto to what is now known as Kingston. Samuel Swayze had been for a number of years a Con gregational minister, and most of the adults who came with him were communicants. The faithful shepherd, as soon as he had provided a shelter for his wife and chUdren, and planted corn for their bread, gathered up his fold and organized his society, undoubtedly the first Protestant pastor and congregation in the Natchez district. Under many drawbacks, growing out of Indian depredations, and discourage ments after the county passed into Spanish hands, this pious teacher and his kindred met together on the Sabbath, often in the swamp and cane-brakes, for divine service. In 1780 the Indians became so trou blesome and exacting that most of the settlers abandoned their homes and moved to the vicinity of Natchez. The venerable pastor settled on the east bank of St Catharine, on what was long afterwards known as "Swayze's old field," on the left of the road from Washington to Natchez, and there he died in 1784. The Jersey settlement, begun in 1772, bymen of intelligence, energy and high moral character, became prosperous and rich ; densely populated ; highly cultivated ; distin guished for its churches and schools ; its hospitality and refinement. And, in the course of years, it sent its thrifty colonies into many coun ties, carrying with them the characteristics of the parent hive. The Farrars, Kings, Corys, Montgomerys, Pipes, Foules, Colemans, Jones, Callenders, Fowlers, Luses, Griffings, Hopkins, Nobles, Ashfords, and many others in Mississippi and Louisiana, are descended, in one branch or the other, from the brothers Swayze. The only other grant direct from the crown was issued February 2, 1775, in favor of Thaddeus Lyman, for himself and brothers, in consideration of the services of his father. Gen. Phineas Lyman, then recently deceased. This grant was for 20,000 acres and was located on the Bayou Pierre and Big Black in the present county of Clai borne. Gen. Phineas Lyman was an eminent lawyer and statesman of Con necticut. In 1755 he was commissioned major-general of the royal provincial troops, and distinguished himself in the campaign against the French in Canada. At the battie of Lake George the command devolved on him soon after it commenced. His conduct recom mended him to both the British and colonial authorities. In 1762, he conducted four thousand provincials to the West Indies to co-operate with the Earl of Albemarle at the seige of Havana, and upon its capit ulation was appointed military governor. At the close of the war, wrecked in fortune and finding most of his comrades in the same posi tion, they formed an association, underthe name of "Military Adven turers," to establish a colony in the Natchez district, which by the treaty of 1763 had passed into the hands of Great Britain, and com- io8 Mississippi, as a Province, prised a part of the British province of West Florida. General Lyman repaired to London to solicit a grant, but soon after his arrival a change of ministry occurred and the friends he relied on were divested of power. Unaccustomed to importunity, perhaps deficient in audacity and tact, he found himself overlooked in the whirlwind of parties. He lingered through several years of disappointment and neglect, and graduaUy sunk into despondency and inaction. His faithful and ener getic wife, having ascertained his condition, dispatched her eldest son, Capt. Thaddeus Lyman, to bring his father home. He was a man of address and talent, and with the aid of John MiUer, an eminent mer chant of London,* he obtained a royal order to the governor of West Florida for 20,000 acres. f In December, 1773, with a large party, they embarked at Stonington for New Orleans. Captain Phelps, in his journal, gives a list of the party, many of whom have descendants now in Mississippi and Louisiana, General Lyman, Thaddeus Lyman, with eight slaves; Sereno Dvyight, Jona than Dwight, Harry Dwight, and three slaves ; Moses and Isaac Shel don, Roger Harmon, Hanks, Seth MUler, Elisha and Josiah Flowers, Moses Drake, R. Winchell, Benjamin Barber, Wolcott, D, and R, Magguet, Thomas Comstock, Weed, Capt, Silas Crane, Robert Patrick, Ashbel Bowen, John Newcombe, James Dean, Abram Knapp, Gibs, and Nath. Hull, James Stoddart, Thaddeus Bradley, Ephraim Case, Hezekiah Rew, John Fisk, Elisha Hale, Timothy and David Hotchkiss, John Plyde, Wm. Silkrag, Jonathan Lyon, Wm. Davis, Hugh White, Thomas and James Lyman, Captain Elsworth, Ira Whit- ¦ man, ¦ Sage, Major Early, James Harmon, Elnathan Smith, Wni. Hurlburt, Elijah Leonard, Benjamin Day, Joseph Leonard, John Felt, Rev. Jedediah Smith, Daniel Lewis, Sr. , and a number of others not recoUected. J Some of these had with them their wives and chUdren. *Col. Anthony Hutchins was the agent of Mr. Miller at Natchez. tGeneral Lyman died before the patent, in pursuance of the royal mandamus, could be issued. In 1775 it was issued in the name of Thaddeus Lyman for the use of himself and the two other sons and two daughters of General Lyman. jThe Lewis family came originally from Wales. Daniel Lewis, Sr., was born in Connecticut, but inoved to Sheffield, Mass., in 1746, where in 1771 his eldest son, Daniel Lewis, Jr., married a Miss Fairchild, of a prominent family of that place. Their first child was Archibald Lewis, so well known in after years, in this terri tory. In 1773-4, Daniel Lewis, Sr., his son with his wife and boy, and others of the family, accompanied the Lyman's to Natchez, and settled on theLym'an man damus, on the Big Black. In the following autumn Daniel Lewis, Sr., and wife died. Daniel Lewis, Jr., with his wife, brothers and sisters then went to Manchac, a fiourishing settlement, but soon after when the notorious jay-hawker, WiDing, was raiding that neighborhood, he moved to Plaquemines, and was soon afterward drowned while descending the river to New Orleans. In 1739, his widow married Eichard Carpenter, Esq., aud after his death married Gen. George Matthews, of Georgia. She died in 1803, near Washington, Miss. Seth Lewis, one of the sons of Daniel, Sr., was born in Sheffield in 1766. In 1790 he was in NashviUe, as a teacher, and was there induced by Gen. Andrew Jackson and Col. Josiah Love, to study law, and about the same time he married a daughter of Col. Thomas Har deman. In 1790, he appeared in the first Legislature of Tennessee as representa tive from the county of Davidson. President Adams, at the instance of General Jackson, appointed him one of the judges for the Mississippi Territory. Finding the salary inadequate he resumed his profession, and in 1807 was appointed at torney-general. In 1810 lie removed to Opelonsas, La., where he was prevailed on by his old friend. Governor Claiborne, to accept the then responsible and lucrative commis- l^"V- °.^ Ri^V^sh judge. In 1813 Governor Claiborne appointed him judge of the fifth judicial district of Louisiana, a position he held with great dignity and Territory and State. 109 Rev. Mr. Smith had long been a Congregational minister in Green ville, Mass. He had ten chUdren on board, among whom were Joseph, Philetas, Israel, Philander and Calvin, all of whom settied near Natchez, and founded large and influential famUies. Luther and Courtland settied near Bayou Sara, and left many descendants.' The venerable minister sickened on the river and died soon after he reached Natchez. He was buried on the bluff, not far from the old fort. 1775. Procuring barges and open boats, General Lyman and party slowly made their way from New Orleans to the Bayou Pierre and Big Black, where the grant was to be located. His son soon died, and not long after the war-worn veteran closed his career. About a year afterwards the general's widow, accompanied by a son, and by Maj. Timothy Dwight and others, sailed for New Orleans. Pursuing the same fatal route they were overtaken by sickness. Major Dwight and a number of others died at Natchez, and the venerable widow expired soon after she reached the ' 'improvement" on the Bayou Pierre. A brief skerch of Capt. Mathew Phelps and his adventures, from his journal, will show the difficulties encountered by the early immi grant to Mississippi. Being in delicate health he determined on a sea voyage, and as a party was then making up for the Natchez country he concluded to join it. They sailed from New London, December 17, 1773. After having narrov/ly escaped shipwreck on the Dry Tortugas, they arrived at New Orleans and proceeded up the river to examine the lands on the Big Black, which seems to have been tiie point of destination for a number of the immigrants. "From Fort Eosalie,'' says Captain Phelps, "to Petit GoufFre (Eodney) is ten and a half leagues. There is firm rock on the east side of the Mississipj)i for near a mile. The land near the river is high, very broken, very rich, and several plan tations have been opened. From Petit Gouffre to Stoney river (Bayou Pierre) is a league and a half. From its mouth to what is called the forks, is com puted at several leagues. In this distance there are several c[uarries of stone, and the land has a clay soil, with some gravel on the surface. Ou the north side the land is generally low and rich ; on south side much higher and broken into hills and vales ; but here the low lands are not generally overflowed and the timber is heavy and valuable. At the fork the river parts almost at right angles, and the land between them is said to be clay and marl, and not so un even as the lands below. From Stoney river to the Big Black (Chittaloosa) is ten miles. This river at its mouth is usually about thirty yards wide, but widens to forty and fifty yards, and is said to be navigable for small boats thirty or forty leagues. About a mile and a half up, on tbe right, the lands are high and much broken. A mile and a half further the high lands appear again to the right, where there are several springs of water, but none have been yet discovered on the left. About eight miles further there are high lauds near the river on the left, appar ently the same as run from the Yazoo cliffs. Six miles further the laud is high on both sides of the river for two or three miles, broken, and numerous springs. This land, on the left, was chosen by General Putnam, General Lyman, Cap tain Enos and other New England adventurers, as a proper site for a town, and by order of the governor and council of West Florida in 1775, it was reserved for the capital." honor twenty-seven years. He died in 1848, in his eighty-fourth year, leaving an unblemished name, a high reputation for learning, ability and usefulness, and several sons worthy of such a father. From Daniel Lewis, Sr., and wife, who came here with General Lyman, are descended the Guions, Mellens, Peytons, Sages, and many other prominent fami lies in Mississippi and Louisiana, maternally of the same stock with Sir Wm.Pep- Serrell, General Prescott, of Bunker Hill; Prescott, the historian ; Chief. Justice [eUen, S. S. Prentiss, Judge Parsons, etc., etc. no Mississippi, as a Province, Being pleased with the outiook, Captain Phelps, for fifty dollars, bought a smaU improvement or settiement right. While doing some work on it one John Storrs and son, recentiy from Virginia, applied to him for assistance. They had expended their last shiUing on the journey, having nothing left but their axes and guns, and were suffering from ague and fever. Phelps generously supplied them v/ith a littie money and from his stock of provisions, taking their promise to do some work on his claim in his absence. He returned to New Orleans June loth, 1774; arrived at home after a tedious voyage, and with hisfamUyand a number of others sailed from Middleton, Connecticut, May i, 1776. Crossed the bar of the Mississippi July 30th, and on the iSth August started up the river. Besides his wife and children, his companions were Joseph Leonard, wife and six children, and Josiah Flowers, wife and one chUd, from Springfield, Mass. Mrs. Flowers sickened soon after they left New Orleans. The weather was intensely hot, and the current of the river very strong. It was the 6th September when they reached Point Coupee, where Mr. Flowers was left, in consequence of the extreme iUness of his wife, and where she died. In twenty-four hours afterward Captain Phelps, his wife and children, all became ill and were compelled to tie up their boat. Mr. Leonard hired another boat and proceeded with his family, but his wife sickened and died at Natchez. September i6th, one of Captain Phelp's daughters expired and he was obliged to bury her himself, rising from his sick pallet to dig the grave. On the 23d his son died, and the wretched parent dug another grave. A few days afterwards the widowed Mr. Flowers, with his child, came up in a skiff, and on the ist November they resumed their voyage, Mrs. Phelps getting worse. At the house of PhUip Alston, near Petit Gulf, she breathed her last on the 14th. November 24th he arrived at the mouth of Big Black, on the bank of which, a short distance above, lay the improvement he had purchased. "I was at this time," says hia journal, "in a small boat with one Abram Knapp, whom I had hired to assist me, and a lad some fourteen years of age, for sickness and fatigue had so reduced me I was unable to manage the skiff alone. On making the mouth of Big Black I went ashore with the boy, having a rope for a tow line, and by pulling this along shore while Knapp steered, we made way slowly against the current. The river was very high and rapid, and to add to our difficulty, soon after we entered it we came to a lage willow tree which pro jected horizontally from the bank into the stream, and the top of the tree being half submerged a large drift had collected about it, and occassioned a whirl pool to set under the trunk of the tree between its sunken top and the bank, a space of thirty-five or forty feet. AVhen we got to this fatal tree the boy and I were towing on tho bank and Knapp steering. My two lovely children — all that were now left me, a girl in her tenth and a boy in his sixth year — were sitting on some blankets in the bow of the skiff, when, in an instant, it was drawn into the eddy under the tree, and the stern sank. Knapp jumped over board and swam round the head of the tree. I prevented the instant sinking of the boat by making my line fast to a willow, and then rushed out on the tree, calling to my daughter to sit still until I could help her brother on the tree. I was holding on to it with my left hand, lest we should all perish, I being un able to swim. But, dreadful to rel.ate, at that moment the roots of the fallen tree gave way and floated from the bank ; the boat broke loose, filled and turned bottom upwards. I clung to it as long as I could, and amidst the boiling waters heard, for the last time, the voices of my dear babes crying, 'Father ! Father !' " Captain Phelps sank several times trying to recover his lost darlings, and was nearly gone when Knapp succeeded in dragging him ashore. Knapp went to the settiement at Grand Gulf, which they had left that Territory and State. in morning, to get help to recover the bodies. When he returned with Ira Whitman and Nathaniel Hull, who lived there, they found Captain Phelps naked, half-frozen and frantic. After a week or two with these kind people he went to his improve ment. He found that the man who engaged to reside on it in his absence had moved away, so that by the usage of the coimtry his claim was regarded as forfeited, and new comers, finding it vacant, and no owner or representative in the district, had taken possession. It was at this moment of afflction and abandonment the poor Virginian, whom he had befriended when sick and destitute, came to his relief John Storrs carried him to his cabin,' nursed and comforted him and insisted that he should dwell there until Providence opened a way for him. "At that time," says Captain Phelps, " I had not whereon to rest my weary head, no family, no liome, no money, a heart heavy with many .sorrows, and even hope was dead. Nothing that Storrs and his son could -do to console and encourage me was left undone. After I had been with them a week he informed me that, by the blessing of God, and their own industry, he and his son had prospered. They were doing well, that to me he held himself indebted for it all, that he and his son had rendered the work they agreed to do before my agent deserted the place, and that they now desired to aid me in return, and would not expect compensation until Providence should bless me with abundance. These kind friends enabled me to purchase another claim, on which there was a small house and field. They brought me a cow, a horse, farming utensils and stock hogs. The season was propitious, and my prospects grew brighter. CHAPTER XIT, URING Governor Chester's administration of West Florida, Bartram, the naturalist, visited Pensacola, 1776. The Governor and his officers, he says, maintained considerable state. He invited the traveler to become a member of his family, recommended a thorough explo ration of the province, and proffered to pay all his expenses. Pensacola was, at tliat early day, a considerable place. " There are," says Bartram, " several hundred houses. The governor's palace is a large stone building with a tower, built by the Spaniards. The town is defended by a stockaded fortress, a tetragon, with salient angles at each corner, where is a block house or round tower, one story higher than the curtains, mounted with cannon. This is constructed of wood. Within this fortress is the council chamber, the record office, lodgings for the officers, barracks for the men, arsenal, magazine, etc. The Secretary resides in a neat building, and many professional and mercantile gentlemen have handsome dwellings." MobUe, at that date, he describes as being environed, for twenty mUes, on the island and river banks, by well-cultivated and extensive farms. Maj. Farmer, the military governor, had an extensive and beautiful plantation on the Tensas, cultivated chiefly by French tenants. His mansion stood on the site of the ancient Tensas village, where there were many tumuli. " 1777. "The city of Mobile has been nearly a mile in length, though now chiefly in ruins — many houses vacant and mouldering away. There are a few good buildings occupied by French, English, Irish and Scotch gentlemen and immigrants from the northern colonies. Messrs. Swanson and McGilliway have here very large improvements and buildings devoted to the Indian trade, which they control. Fort Conde, near the bay, towards the lower end of the city, is a large, regular fortress of brick. The principal French buildings are of brick, one story high, but on an extensive scale, embracing a square or court yard. The ordinary buildings are a strong frame, built of cypress, filled in with brick or clay." The settlements in the Natchez district, under the dominion of the French, were chiefly in the vicinity of Fort Rosalie. There were several extensive and weU improved plantations on St. Catherine. As far back as 1720, La Harpe notes the arrival of the frigate St. Andre • at Ship island, with two hundred and sixty persons, in charge of M. Dumanoir, for the plantations on St. Catherine. Numerous grants were made, as is evident from contemporary journals, but we have no official record of them, and the British and Spanish governments, , ' Territory and State. ' 113 when they came into possession, treated these plantations and conces sions as pubhc domain and disposed of them to other grantees . Had' any of these grants or settiements been occupied when the country passed to the English, the occupants would have been protected in their rights. We have no evidence of any grant having been made by the French after the massacre ; and no knowledge of any settie ment or immigration untU 1763, when Great Britain took possession, and the Natchez district became a part of the province of West Florida. The foUowing year she garrisoned Fort Rosalie, which they called Fort Pahmure. They found it a mere ruin, covered with forest trees, and a few old French cannon lying around. The probabUity is ' that Perier, in his expedition against the Natchez, summoned the gar rison at Fort RosaUe to join him, and that they were not sent back, but accompanied hii"n to New Orleans. From that period (1732,) untU the British accession, (1763,) we hear nothing of the famed dis trict — the garden of Louisiana and the favored point that had been recommended for, and should have been, colonial capital. The Natchez district was about ten miles wide at the mouth of the Yazoo, and about forty miles wide on the line of north 31°. But there is no reliable record of its purchase by French, British or Span iards from any Indian tribe ; no data upon which to base our title, as there is in other acquisitions of Indian territory. When, with whom, and by whom was the negotiation made ? Who were those who occu- , pied it, if it was occupied at all, after the massacre ? What govern ment .protected them ? If they were on their lands in 1763, why is there no record of the recognition of their rights? We know that the whole district was shingled over with British grants under the seal of Governor Chester. From the visit of Iberville down to 1730, we have authentic records of the people of the district, and of all that transpired therein. But there is a hiatus between 1730 and 1763. It seems incredible that the French, after its abandonment by the Natchez, and their permanent dispersion, should entirely desert so fine a coimtry, where so much labor and capital had been invested, and which promised to be so profitable. But there is no record of any settlement. The following memorandum, found among the papers of Col. Anthony Hutchins, an early immigrant to the district, sheds some light on the point : "The King in Council, sometime after the peace of '63, in consequencci of a representation from Gov. Chester, of West Florida, extended the jurisdiction of said province to the Yazous, and empowered him to procure from the In dians a purchase or surrender of the land. In consequence of which a Con gress was held at Pensacola, about 1770, between the Governor and Council and John Stewart, Superintendent of Indians Affairs, with the Indians who, for a certain sum, sold a district of land, to be set apart from their territory by a ' line to be drawn from a certain point above Mobile, and running nearly north until it should strike the mouth of the Yazous, About 1778, the surveyors commenced running this line, according to agreement, but arriving at the Stony Spring, (Eocky Spring, in Claiborne county,) about twelve miles east of the Grind-stone ford on Bayou Pierre, the Indians preceived that the course they were going would take from them their favorite ball ground on the bank of the Yazous. They refused to proceed any farther. The surveyors sus pended the work. And after both parties made representations to Gov. Ches ter, he agreed that the Indians should have their way. They took the sur veyors to the Yazous, and made them set their course from the point they 114 Mississippi, as a Province, selected, (about six leagues up the river,) to strike the former line at the Stony Spring where they had left off. The goods to pay for this land arrived and were delivered to agents who, taking advantage of the war that broke out between the English and the Spaniards, gave but a small part to the Indians, who have ever since' com plained," "* In pursuance of this arrangement the province of AVest Florida was held to extend from the Yazous back to the point above mentioned, and jurisdiction over the same given to the governor. In 1783 Great Britain surrendered West Florida to Spain, and the subjects of the former were aUowed, by the treaty, eighteen months to sell their pro perty and retire, ' This time having almost expired, application was made to the Court of Spain for a prolongation of the time, which was conceded.' In 1786 the king by proclamation required all British subjects, and others, who elected to remain in the province, to take the oath of allegiance or in default thereof to retire. From the moment, however, that the British flag was hoisted over these remote territories, the tide of immi gration set in ; an immigration very different from the French. The French had come, for the most part, in public vessels, with free trans portation, under special charters, with soldiers to protect them, and with constant succession of ships, year after year, bringing reinforce ments and supplies. They .devoted themselves to exploration, to hunt ing and trapping, to the establishing of isolated posts and to a fruitless search after silver and gold, starving on a soil capable of supporting "¦¦•In 1802, some doubts having arisen as to this line and the Indians complaining of encroachments upon their teritory. Gen. "Wilkinson was ordered by the Sec retary of "War to perambulate and re-mark it, attended by certain leading men among the Choctaws. In a letter to Gov. Claiborne, dated Camp, November 11th. 1802, Gen, "Wilkin son says: "The month of the Yazoo, which is called for as the beginning of the old boundary, has, by a break of the Mississippi, made through its banks, and the consequent desertion of its ancient bed, been shifted about six miles, which circumstance devolves some difficulty with the Indi.an commissioners. And to this one more serious is added : The British surveyor left his east line entirely ipen, and it appears likevrise five or six miles at the beginning of his south line. The Choctaws expect to see the old line, and nothing less will satisfy them. It, consequently, has become necessary for me to proceed to the Big Black, in order to show them the marked trees, and from thence to retrace the line back as far as it can be discovered, after which I shall propose, on the ground of mutual accom modation, to continue the line to the first blufl' on the Yazoo, above inunda tion of the Mississippi, and there to fix our beginning. PROM THE same TO THE SAME. National Boundary, January 23d, 1803. Last eveninpr I completed my labors, having been greatly perplexed to ascer tain the boundary, whicli was obscure as an Indian trace. To ascertain my dis tance from the Mississippi, I shall measure EUicott's travers-, until I find some evidence to satisfy me iu this particular, and if not delayed by high water will reach Fort Adams by the 28th. "Will vou be good enough to order for me, from the Indian goods at Natchez, the articles named below'," which I have promised to the Choctaw commissioners add guides. I will have them made up by the regimental tailors: Three full trimmed long-skirted coats, blue and buflf; capots, red cuffs and capes; five hats; three white watch-coats; six fine white shirts; four calico shirts ; five pairs scarlet leggings ; five blue flaps. [It will be noticed from this memorandum that the Choctaw dignitaries did not patronize pants in 1802. They were in full court dress, with a uniform coat, hat and feather, shirt flap and leggings ! Territory and State. 115 fifty miUions of people. The French consisted either of the cadets of noble famUies who came to seek military distinction, or soldiers of fortune who followed the profession of arms and were capable of no other voca tion ; of a non-producing class, the civil employees of the Company ; and a few peasants and Acadians, poor, ignorant and contented with their condition. The priests and the Canadians were the only ener- .getic class. The first were devoted exclusively to the reclamation of the Indians ; the last were satisfied with their fowling pieces, and their pirogues. The very women that were sent out by the government to furnish wives for the colonists, instead of being selected from the farms and viUages, had been, for the most part, picked up in the streets ¦of Paris and from the houses of refuge. The only inducement the British authority held out for immigration was a liberal dispensation of land to those that had rendered service to the crown. No transportation was furnished ; few military posts estabhshed ; no vain search after metals. Those that came, came at their own expense. They crossed the mountains to Pittsburg or to the head waters of Tennessee, where they often made a crop of corn and wheat the first season, and then buUt their boats and brought down with them to their point of destination, their famUies, their slaves and .stock, and a year's supply of provisions. Or they came from Georgia and Carolina, the overland journey on pack-horses, through the Creek and Choctaw territories. Or by sea, from more northern posts, to Pensacola and New Orleans, and then by boats to their respective sta tions. Nine-tenths of them came to cultivate the soil; they brought inteUigence and capital ; and they embarked at once into the produc tion of supplies for home consumption, and selected indigo as their crop for exportation. Tobacco was next introduced, and subsequently •cotton. All the necessarises of life were in abundance and cheap. The corn crib had no lock upon it. Bacon, beef, butter and poultry were plentiful. Orchards were on a large scale and the fruit better than at present. It was a common sight to see one hundred bee hives in a farm yard, and both buckwheat and clover were then grown especi ally for the benefit of these epicurean manufacturers. Beeswax and honey were articles of export. The medicinal herbs and roots, rhu barb, ginger, pimento, madder, saffron, hops, the opium poppy, and many others which we now purchase from the apothecary, were grown in the gardens. Many planters tanned their own leather. Shoes were almost always made on the plantation, either by a workman belonging ¦to the place or by a man hired to do the work. Gentiemen and ladies were clad in home-spun. Even the bridle reins, girths and sad dle-cloths were made at home. Contrast this with the condition of Louisiana which, in 1763, D'Albadie, the last (but one) of her governors, reports as " in a state of complete destitution ; a chaos of iniquities ; and to re-establish order extreme measures must be resorted to." Aubrey, the last French gov 'ernor, depicted its condition in still stronger terms. The war between the American colonies and the mother country stimulated immigration. Many families of wealth and distinction, and who were either loyal in sentiment, or desired to be neutral, sought an asylum in West Florida. Settiements on Bayou Pierre, Big Black and the Walnut HiUs multiphed. The majority of those who came were men of intelligence and character. Bad men, outiaws and fugitives ii6 Mississippi, as a Province. from justice, came likewise, but they were outnumbered and restrained. by the better class ; and there was generally peace and order and security for property. The land-holders were, for the most part, edu cated men ; many of them had held commissions in the British and provincial army ; others had held civU offices under the crown or the colonies, and had been accustomed to the administration of the laws of England, now, and for ages past, the great security of social order and public Uberty. Such a population is a guarantee against anarchy and mob rule, and though remote from the provincial government at Pensacola, and no court of record nearer, the Natchez district^ was; proverbial for its immunity from crimes and criminals. There is no British record of judicial proceedings in the Natchez district; and as there was considerable wealth in land,' slaves, cattie and merchandise, the good order that prevailed must be ascribed to the superior char acter of the eariy immigration. The intelligent and cultivated class predominated, and gave tone to the community. -1776. Natchez, at this period, was buta smaU viUage, and the build ings were aU on the batture under the bluff, some twenty ordinary frame and log houses. There were four merchants, viz : Hanchett & New man, Thomas Barber, Captain Blomart, (a half-pay British officer) and. James Willing from Philadelphia. 1778. Such was the prosperous condition of the Natchez district, and of the province of West Florida generally, under British adminis tration. Plantations rapidly multiplied, the planters established credits in London, Pensacola and Jamaica, and received their merchandise and negroes direct from those ports.* The Atiantic colonies, from which most of the inhabitants had migrated, were then in the crisis of the Revolutionary war. Washington and his army had passed the dread ful winter at VaUey Forge, the cities of PhUadelphia and New York were in the hands of the enemy, and Carolina and Georgia "were wasted and harrassed by the British and tories. But profound peace and good order prevaUed in West Florida, and no colony in the British empire, or elsewhere, was in a condition more happy and prosperous. -*Panton & Co., McMin, Miller & Co., a branch of the great firm of Swanson & Miller, of London, had extensive establishments at Pensacola. The wealthy in habitants of the Natchez district sent their orders once a year, very often ordering their merchandise direct from the London house. I have before me sundry in voices footing np £300, £500, and in one instance, £1000, sterling. This included a cask of London Particular madeira, a cask ot sherry, a cask ot porter, and a barrel of French cognac. These goods were usually sent, on their delivery at Pen sacola, in a keel boat to Natchez, by the lake route and up the Amite and Man chac. Occasionally the Natchez planters made the trip to Pensacola in their own boat and witli a negro crew. Louis Le Fleur, father of Greenwood Le Fleur, (after whom we have named a county, improperly spelled Leflore,) owned one of these boats, and in this business laid the foundation of his large fortune. "When I knew him, in my early life, he had established an extensive jolantation and cat tle ranche in the Yazoo prairies, in the present county of Holmes, where he died a few years after the last treaty with the Choctaws. He had one hundred slaves and as many Indians, living about him. He was a small man, a Canadian, speaking a singular patois of provincial French and Choctaw, and though over eighty years old, was an indefatigable hunter, spending whole days in the overflowed prairies and swamps. He told me that he had been a great dimcer in his youth, in Cana da, and was called thu flower of the fete. Hence the name Le Fleur, and the sobri quet superseded his original name. OHAPTEE XY. ^*^[j URING the previous winter, (1778,) one'James Willing, who had been an unsuccessful merchant at Natchez, a man of education and inffuential famUy in PhUadelphia, but of ruined fortune and licentious habits, visited Lan caster, where Congress then sat, and through Robert Morris, and other inffuential friends of his family, obtained a commission to visit the Natchez district and secure, if practicable, the neutrality of its inhabitants, and then to proceed to New Orleans and obtain any military supplies that could be had and transport them to Fort Pitt.* He represented, very "truly, that many of the inhabitants sympathized with the Americans; that_ others, though loyal, had emigrated to the province expressly to avoid taking part against their friends and kindred in rebellion ; that these constituted the wealthy and ruling class in the district, and that -Iiis long residence there, and intimacy with the loyalists, would enable him to secure their neutrahty, if not their support. These representations were plausible. The moment was favor able for concihation. George III, the most stubborn king that ever sat upon a throne, had yielded at last to public opinion and to his ministers, and Lord North had come forward with two bUls, which "virtually conceded all that had been the cause of controversy between England and the colonies. These were promptly passed, and received the royal sanction, though they conceded more than the colonies had demanded. Immediately afterwards the Earl of Carlisle, Governor Johnstone, late of West Florida, and the Hon. Wm. Eden, three states men of liberal politics, came over as commissioners to effect peace and reconciliation. At this juncture Willing was sent on his mission down the Missis sippi, to a people without military organization, strictly agricultural, 'separated by a thousand miles of wilderness from the seat of war, and perfectly passive in the great struggle. 1778. March 7th, he landed at the mouth of the Big Black, with a small armed party, and visited the settlements, sending messages to "*In the fall of 1777, Col. Gibson, an American officer and agent, went from Pittsburg to New Orleans with a keel boat, and had been allowed by the Spanish authorities to purchase powder, etc., from the king's magazine, and he returned !up the river, being everywhere treated by the planters with hospitality and kind- Jiess. He was an honest and wise man. ii8 Mississippi, as a Province, the people on Bayou Pierre to meet him. Upwards of a hundred men assembled. Capt. Phelps, an eye-witness, says : Our settlers were, with very rare exceptions, well disposed to the American- cause. Willing was a good speaker, and he represented the case for the colo nies, and the certainty of their ultimate success, in very persuasive terms. He assured us that five thousand American troops, under Gen. Clarke, were on their way to this quarter, to take possession and bring us under their jurisdic tion, and all that Congress and he, their agent, required of us, was the oath of neutrality ; which oath, when he concluded his address, was duly administered and freely taken ; our people not being disposed to compromise themselves at that period of uncertainty and transition, by any overt act, on one side or the other, which might, in certain contingencies, be construed to their disadvan tage." Most of these settiers, it should be remembered, were Americans, who had removed to this remote province to avoid the calamities of civil war. Many, in that contest, were loyal from conviction, and had abandoned their former homes rather than forfeit their allegiance, or fight against their kindred and friends. But they were all ready to give the pledge of neutrality. Capt. Willing next proceeded to Natchez, where he was received as a former citizen, and as a peace-maker. The citizens very generally assembled and took the desired oath, pleased with the liberal views of Congress, as disclosed by the speaker, and encouraged by his assur ances of the approach of an American army of occupation. The most confirmed loyalists of the country cheerfully took an oath which . promised security for personal liberty and property, without any in fringement of conscience or duty. In this class was Col. Anthony Hutchins, who had served in the British army before the revolutionary war, but had removed to the Natchez and was, at that date, an exten sive planter, exerting much social influence in the country. A severe contusion prevented him from attending in person on the day ap pointed, but he sent his sons to take the oath, with the assurance of his acquiescence. Capt. Willing, during his residence at Natchez, had often been the recipient of this gentleman's hospitality ; he had known him and his brother, a distinguished citizen of PhUadelphia,* before the war; and he also knew, and had often been the guest of the EUises, Mclntoshes, Bingamans, Percys, Rapalies, and other leading inhabitants in the same neighborhood, who were all loyalists, but determined to be neutral. Leaving Natchez in the role of pacifactor, with the good wishes of the community. Willing landed at night at EUis' Chffs, and dispatched an armed party to the residence of Col. Hutchins, three miles from the river. They plundered the house of its plate, money and other- valuables; insulted the famUy, carried away twelve negro men and dragged the Colonel from his sick bed, a close prisoner. Other par ties sent out by WiUing had plundered and arrested several of the planters. These he released by exacting from them an oath, but refused to return the property he had seized. At Manchac, on his way down, he surprised an English merchantman at anchor, which he- carried to New Orleans and sold. We here quote from the private journal of Sir Wm, Dunbar, who "*Capt, Thomas Hutchins, Geographer General under the Crown, and after wards Surveyor General under the Congress, Territory and State. 119 then resided on a plantation owned by John Ross, an eminent mer chant of Philadelphia, and himself, near Baton Rouge : May 1st, 1778, About the end of March, we were alarmed, late of an evening, by a report from Manchac that a party of Americans had arrived there and taken an armed merchantman that lay there, and that many more were hourly expected. Upon this intelligence I instantly determined to send my negroes for protection to the Spanish side, whieh was effected before the sun rising next morning. Same day I made a jaunt to Manchac to learn news; upon my arrival there I found the ship had been taken by thirteen men by surprise, and that they had dropped down below the town to be more safe. With regard to the numbers ex pected, nothing certain could be obtained. It was given out that 50Q0 were a coming, some made them 8000. I immediately returned and set out for Point Coupee, that I might gain the earliest possible intelligence of the numbers and intent of the Americans, not suspecting that any mischief wns intended to the inhabitants; therefore, though I considered it prudent to semi my negroes to the Spanish side, I took nothing out of my house but what v as necessary to my voyage to Point Coupee. Upon my arrival at Mr. Me, hod's, at Point Coupee, about a league below the fort, I there found Mr. Alexander, with his negroes, having just made his escape from the English side ; he informed me that he had learnt that the intention of the Americans was to rob and plunder every English subject who had property of any value, some few excepted, and that several obnoxious people were to meet with particular marks of their dis pleasure. In this latter black list were Mr. Alexander, myself, Mr. Poussett, Williams and several others; and further I was informed that the party was commanded by James Willing, of Philadelphia, a young man who had left this country the year before; perfectly and intimately acquainted with all the gentlemen upon the river, at whose houses he had been often entertained in the most hospitable manner, and had frequently indulged his natural propensity of getting drunk. This was the gentleman, our friend and acquaintance, who had frequently lived, for his own convenience, for a length of time at our houses. I say this was the man who, it seems, had solicited a commission by which he might have an opportunity of demonstrating his gratitude to his old friends. Several of his boats were already arrived at the fort, where they made no secret ot their intentions. They had taken from the Natchez, Col. Hutchins, with his negroes ; they plundered Harry Stuart's house, and seized the negroes and other property at Cuming's plantation; they divided the property at Castle's, taking one-half for his partner's share, but leaving the other unhurt for himself. Presently two of the batteaux pass and land at Mr. Walker's plantation, where above one hundred shots were discharged in half an hour's time, which we afterwards found were employed in wantonly killing the hogs and other stock upon the plantation. In the afternoon the rest of Willing's boats pass down, and lastly, about sunset, the. General himself dropt down and put ashore at Walker's, where the scene that followed marks well the nature of the man. The houses were immediately rummaged and everything of any value secured for the Commodore's use, after which the Heroic Captain ordered his people to set fire to all the houses and indigo works, which was accordingly done and they were quickly consumed to ashes. 'Twas not enough to pillage and plunder the man at whose house he had been often most hospitably entertained, his will must be completed by a piece of wanton cruelty, from which the mon ster could derive to himself no advantage. The day following, this Troop of Rascals proceed downwards : a party is sent to the plains who seize Dutton, his wife and all his negroes, and at the same time burn all his staves at the river side, by which the poor man is reduced to the lowest ebb of poverty, with a family of small children. From hence they proceed to Baton Rouge, where they find no negroes on the English side but those whom, at that time, they considered as friends. There the villains grow bold ; finding small game on the English side, they pass over the Spanish Territories, and seize the negroes of Poussett and Marshall. Mine had been put at a considerable distance from the river side, by which means they could not discover them ; the houses of the British gentlemen on the English side were plundered, and among the rest, mine was robbed of everything that could be carried away — all my wearing 120 Mississippi, as a Province, apparel, bed and table linen ; not a shirt was left in the house — blankets, pieces of cloth, sugar, silverware. In short, all was fish that came in their net. They destroyed, also, a considerable quantity of bottled wine, though they car ried away no liquor ; the party which robbed my house landed at Francis', im mediately below ; the orders given by their head were to drive down my negroes, and if opposed by any one to shoot 'em down. They returned with information that the negroes were gone, but that much property remained in the house, which they were ordered to carry away, and accordingly made three or four trips, carrying at each time a large blanketful of the ware above men tioned. In the whole I was plundered of £200 sterling value. About this time it was discovered that Willing had left Fort Pitt with a batteau, and only 2-5 men, with orders to proceed to New Orleans and take charge of such stores as were prepared for him by Pollock, and return with the same up the Ohio, and also if he found himself able, to make capture of British property on the river, but no directions were given to disturb the peaceable inhabitants on land. Notwithstanding of these orders, Capt. Willing conceived the design of making his fortune at one coup upon the ruin and destruction of his old friends and intimates. His chief reason was that he had, by his folly, squan dered a fortune upon the river, and 'twas there he ought to repair it. In order to effect this, his hellish purpose, he recruited and collected together on his way down all the vagabonds and rascals he met with, of which kind the river is always full ; engaging them upon the alluring expectation of enriching them selves by plunder, and his numbers upon his arrival in this settlement amounted to 200, much more than sufficient to accomplish his design, if we consider that perhaps one-half of the inhabitants were in the American interest, which cir cumstance being well known to the loyal part of the people, was the means of tying up their hands, and preventing their attempts to oppose the banditti, not to mention the report of their great numbers, which were at first much exag gerated. Upon learning that the party had reached Manchac, I made a trip from Point Coupee down to our settlement, and found upon my arrival a letter for me from Willing, enclosing a passport of safety for myself and negroes until further orders, the three latter words taking from it every idea of security. I placed no confidence in the words of the mighty Captain, hut immediately made the proper dispositions for removing my negroes to Point Coupee, where, being in the neighborhood of a Spanish post, I judged our security would be greater. This point being accomplished, I set out for New Orleans in order to see what was likely to be the end of all this plunder, and to be better able to judge what plan I ought to follow. On my way down of an evening, I met two of the American boats, on their way up again for more plunder, in which they were but too fortunate. A small party of forty men had been left at Maushee by Willing, commanded by Elliot, which was attacked in the night by Mr. Chrystie. The Americans lost three or four people and the rest were dispersed and taken prisoners. Chrystie's party being small and h.aving many prisoners, he thought it prudent to retire, by which the coast became again clear for the Willingites. The two boats under the command of Harrison and flat-nosed Elliot, at length reached the settlement of Baton Rouge, and sur prised Messrs. Williams, Watts and Dicas, made them prisoners, with all their negroes, notwithstanding that these gentlemen had had every assurance of pro tection and safety, and in consequence had taken oaths of neutrality. (Vil lains, rascals, 'twould be a prostitution of the name of Americans to honor them with such an appellation.) They were all brought to town soon after my arrival, and a public vendue soon commenced of the plundered efiects. With the spoUs thus acquired Captain WUling plunged into excesses in New Orleans, and when his funds were exhausted he sent a maraud ing party to Manchac, and plundered the peace^tble inhabitants. Colonel Hutchins was then a prisoner in his hands. He had ob tained the freedom of the city by giving his parole, and pawning a thousand doUars which he had procured from a commercial friend, Mr. James Ma.ther. Learning that Willing and his freebooters (whom he had recruited from the most desperate characters, attracted by plunder) were organizing an expedition against the Natchez settiements to repeat Territory and State. 121 the atrocities they had perpetrated there and on the river below. Col onel Hutchins determined to escape. Not regarding as binding an engagement made with a man who had changed his mission of peace into the raid of a jay-hawker, a brigand and not a soldier, a robber then deliberately organizing his plans for rapine and slaughter, he resolved to forfeit his money and hasten to Natchez to apprize his friends of their danger. He traveled with dispatch, and spread the alarm as he went. The inhabitants flew to arms. Captain Phelps, in his journal, says : "On receiving this news we formed an armed association of some three hun dred men, and determined to stand firmly on the defensive, let the consequences be what they would. Learning that the. banditti had left Manchac and were approaching the While Cliffs, where they would necessarily cross over to the eastern shore to avoid the impetuous current, our party took position and awaited their coming. At length they appeared, and sent a skiff' over with a flag which we received in a friendly manner, and we agreed that if they came as friends we would receive them cordially, if not we would not permit them to land. If they meant peace they must fire three guns immediately on the return of the flag to the barge, which we would answer with an equal number if we inclined to receive them ; that the associated volunteers would not per mit hostile operations of any kind at and in the Natchez, and if such were attempted, though most of us were friendly to the American cause, we would hold ourselves totally absolved from our oath of neutrality. After some time spent iu consultation, they fired the three guns, to which we responded, and imme diately broke up our military order, and scattered ourselves along the shore. We soon found, however, that no dependence could be placed in a banditti of villains. One of their boats, under a Lieutenant Harriman and thirty-five men headed for our shore, and the Lieutenant, as we were afterwards informed, tak ing up a bottle, drank to this sentiment: "I'll reign king of the Natchez hills this night, or sleep in hell." When within ear-shot we distinctly heard Harriman order one Canady, (who had formerly been a resident at the Natchez) to load the gun in the bow of his boat with musket balls. Not even yet divining his intention, we continued sitting on the bank until we heard him give the order to fire. On this we seized our arms and shouted to Canady he was a dead man if he fired, but Plarriman, putting a pistol to his head, and threatening to blow his brains out, Canady discharged the gun and wounded a number of our inen. Upon this murderous business we immediately returned their fire. Harriman, Elliot, Canady and five others were killed, and a number wounded. Our balls riddled their boat, and not a man could have escaped but for their lying down in the bottom of the boat. ^ The survivors begged for their lives and were spared notwithstanding their villainous inten tions. We subsequently held a consultation upon the unhappy condition of our affairs, and the course it had become necessary to pursue. Under the advice of Colonel Hutchins, a British subject who resided among us, and still retained his commission and had not taken with us the oath of neutrality, we formed ourselves into a military body, and agreed to turn out as often as needed to protect ourselves and the settlements generally from such banditti. Their depredations, so contrary to the declaration of Willing, had absolved us from the oath we had taken, and thus the sympathy with and friendship for the American cause, in these remote settlements, were smothered by these unprin cipled buccaneers." ¦-" *That a good understanding existed, during the revolutionary struggle, between the Spanish authorities in Louisiana and the United States may be seen from the following unpublished letter from Governor Galvez to Oliver Pollock, agent of the United States in New Orleans, from which it seems that the Spanish settlements and commerce on the lakes were, actually, for a time, under the protection of an American privateer. It appears likewise, that the Spaniards were concerned in Willing's expeditions against the Manchac and Natchez settlements, and must share a part of the infamy : 122 Mississippi, as a Province, Had Gen. George Rogers Clarke descended the river from the Illi nois at that juncture, as there was some reason to expect; or had any American officer, duly commissioned, and of proper character and con duct been present, the people of the district, without a dissenting voice would have taken the oath of allegiance or of absolute neutrahty. But seeing no representative of the United States but the infamous WUling, who was then reported to be recruiting banditti in New Orleans for another raid, they determined, in their extremity, to apply to the British authority at Pensacola for assistance. At the same time the men able to bear arms volunteered for garrison duty, and repaired fort Parmure, which, for a long time, had been neglected. They likewise sent a company of volunteers to the relief- of the inhabitants of Man- TO OLIVER POLIiOCK. Dbak Sik : Together with your communication of the 15th inst , I have received the two copies of the letters addressed through Capt. Felipe Barber, to the inabi- tants of Natchez, and I am gratified to learn that notwithstanding General Camp bell's intimation to them to arm themselves against us, they should produce the desired effect as Captain Barber informs you ; and I thank you very much for the part which, with your influence, you have contributed on behalf of the common cause. As I have actually no craft with which to substitute in the lakes the privateer, ""West Florida," I shall ask you, that, notwithstanding the orders yon have re ceived from the honorable Congress, and, provided always, that you should derive no prejudice from your action, to issue orders, as well for the security of this colony as for the welfare of the "common cause," to the effect the said privateer shall remain in the lakes until I shall be able to send another in her stead. I herewith annex, conformable with your request, the.report of the expedition which you have witnessed against the British settlements on the river. God grant you long life, Bdo. de Galvez. New Orleans, October 21, 1779. I am indebted to the Department of State for the preceding letter, and for the following, from which it appears that an American armed vessel, commanded by Captain Pickles, was at that early day cruising on Lake Pontchartrain, and had there captured the British privateer West Florida, the same referred to by Galvez in the preceding letter. This was doubtless the first vessel under the fiag of Con gress that appeared on our coast. And the conduct of Captain Pickles was just the reverse of "Willing's. Captain P. gave protection and encouragement to the inhabitants and they cheerfully took the oath of allegiance. "We whose names or marks are hereunto sett and subscribed, beingsettlers and inhabitants on Lake Pontchartrain between the Bayou La Combe and the Eiver Tanchipaho, do hereby acknowledge ourselves to be natives as well as true and faitliful subjects to the United Independent States of North America. And whereas, on the tenth day of last month, William Pickles, captain in the navy of the said States, did arrive in this lake and made prize of the English armed sloop West Florida, who had kept possession of the lake for near two years before, and the said "William Pickles, Esquire, did, on the twenty-first of the same month, land some of his people and take possession of this settlement and gave us all the protection against Indians and others that his force would admit of, and suf fered us to remain on our possessions till further orders ; we, therefore, consider ourselves belonging to the said States, and are willing to remain here and enjoy our property and privileges under them, the said United States. October 16, 1779. Gerard Brandon, Jacob Ambrose, Alex. McCollougii. Frederic Spell, James Mosely, Benj. Curtis, Mary Smith, Wm. Fishek, Samuel Smith, Paul Pigg, James Farko, Baniel Tuttle, Able Goffegon, Matt JIcCollough, Edward Foreman, Francis Fishee, Wm. Dakimoke, John Spell, AVm. Steel. Territory and State. 123 chac, who were then being plundered by some of WUling's marauders. They repaired the old fort there, and garrisoned it with a party of asso ciated settlers. _ General Campbell, with a regiment of Highlanders and some pro vincial troops, then commanded at Pensacola, but the affairs of the frontier posts and settiements were chiefly confided to Charies Stewart, British Superintendent of Indian Affairs. In response to the apphca tion from Natchez, one Capt. Michael Jackson, who had enlisted a company of refugees, neither officer nor men much better than Wil ling and his crew, was sent to garrison Fort Parmure. He was recog nized, by at least one person, as a man who had absconded from Con necticut, and by another as a sergeant of the Continental army, who had deserted from his recruiting station, and carried off all the funds. But his orders from Pensacola gave him precedence over Capts. Lyman, Blomart and McIntosh, who were in the fort with their volunteers when he appeared. Jackson, by his oppressive and arbitrary conduct to officers and men, and to the citizens generally, occasioned general dis content, untU at length, Col. Anthony Hutchins, a retired British offi cer, and magistrate, at the head of citizens and volunteers took the responsibility of arresting Jackson, when Captain Lyman assumed command. Jackson was released, on his obligation to resign his com mission and quit the country. But during the night, coUecting some thirty deserters and brigands, he seized some mUitary stores, and two pieces of artillery, and posted himself under the bluff at the landing. Dispatching runners to the Choctaws, with information that a mutiny had occurred in the fort, and soliciting their aid for the king, three hundred of their warriors soon joined him. But these untutored men, seeing the British flag upon the ramparts of Fort Panmure, refused to fire upon it, and immediately withdrew. Jackson then proposed to return to the fort with his party, and submit to orders until the matter could be communicated to their superiors at Pensacola. Captain Ly man indiscreetiy accepted the offer, but on the third night Jackson and his party seized the guard and put Captain Lyman under arrest. A number of soldiers and volunteers left the fort. Lieutenant Pentacost and Lieutenant Holmes were sent by Jackson in pursuit, when com ing up with them, they cocked their rifles and ordered them to surren der. At the same moment one Felt fired upon Pentacost at five paces, and shot him through the body. He then sprung upon Holmes and forced him to surrender. They permitted him and his party to return to the fort, with the body of the dying Pentacost* *Felt was one of the party that came out with GeneralLyman. Aftershooting Pentacost he fled into the Spanish territory below Manchac dreading tbe ven geance of Jackson ; but after his flight Felt returned and was considered to have acted in self-defence. He established himself and family on a small farm on Coles' Creek. When the Spaniards came to Natchez after the revolt of 1781, and many persons concerned in it had fled the country or were hiding in the cane- brakes and swamps, a premium was offered for the capture of the rei^ugees. This gave license to the Indians and others, and numerous outrages aud several mur ders were perpetrated. Many settlers, who had taken no part in the revolt, for security abandoned their farms and got temporary homes in the immediate vicin ity of Fort Eosalie. One of these marauding parties, presented themselves in front ot Felt's house, and summoned him to surrender. He immediately closed the door. His family consisted of his wife, three children and a hired man. The Indians fired several shots, which he returned killing two of them. They then fired the house. The woman and the children perished, but Felt and his companion rushed out and 124 Mississippi, as a Province. After this Captain Lyman, having contrived to confer with his friends in the garrison, made a sudden coup de main, and was reinstated. But instead of putting Jackson in irons, or dispatching him under guard to Pensacola, permitted him to pass in and out of the fort under parole, and in a few days he fomented a mutiny and again seized the command, putting Lyman in close confinement, and permitting no communica tion with either Pensacola or Manchac, except in his own interest. Lieutenant-Colonel Dickson then commanded the British fort at Man chac. On hearing of the disgraceful condition of affairs at Fort Pan mure, he dispatched Captain Foster to assume command. Jackson secretly decamped, with a squad of his followers, carrying with him aU the portable public property he could lay his hands on. The officers and men, who had acted with Jackson, were sen,t under guard to Pen sacola, where several were ordered to be shot. 1779. The Enghsh in West Florida had taken no pains to concihate the Spanish rulers of Louisiana. They floated by New Orleans with their vessels loaded with British wares, which they disposed of on the river without license, to the ruin of the Spanish merchants, and by superior energy their traders monopolized almost the entire Indian trade. Nor did a better feeling exist between the two governments at home. Eng land was at war with France, on account of the part she had taken for the colonies, and Spain having attempted to interpose, and being scornfuUy rebuked, declared war against England on the point of honor. fought with clubbed muskets until overpowered and killed. The two shattered gun-stocks were long preserved in the neighborhood to show how these brave men had died. OHAPTEE XYI. Ip^Jw^Hlp HE ablest and most active man that ever swayed Lou- VpJ-HjI^rJ r isiana, Don Bernardo de Galvez, was then civil and ^^\mv^-i military governor. He immediately proposed to ex pel the English from Florida, but the old fogies in his cabildo or council recommended delay. Paying little heed to their objections the general proceeded with his arrangements, and on the yth September, attacked and stormed Fort Bute, at Manchac. With some fifteen hundred men he advanced rapidly up the river to Baton Rouge, a post commanded by Lt.-Col. Dickson, of the i6th regiment, with a garrison of four hundred regulars and one hundred and fifty militia of the country, with abundant stores and supplies. One hundred and twenty of the garrison were on the sick list. Galvez opened his batteries of heavy artUlery, and after a brisk fire of three hours, the British commandant displayed a flag and proposed to capitulate. He was permitted, with his command, to retire to Pensacola, but surren dered all the British posts, including Baton Rouge, Fort Panmure, Fort Bute, the posts on the Amite and Thompson's creek, and the entire district of Natchez. 1780. Leaving Col. Grandpre in command at Natchez, Galvez re turned to New Orleans, and in January set out to reduce MobUe. He encountered a hurricane which inflicted much damage upon his transports, and retarded his operations. But on the loth March he entered MobUe harbor, and on the 14th opened six batteries on Fort Charlotte. Seeing a serious breach in his works, and the Spaniards preparing for an assault, the commandant capitulated, and surren dered Mobile, and the whole country from the Perdido to the Pearl. The next object of Galvez was Pensacola, the seat of government oT West Florida. Knowing the strength of its garrison and fortifications, he went to Havana and obtained reinforcements and heavy artUlery. His forces from New Orleans were transported to the Perdido, and thence marched to Pensacola, where he was waiting for them with a formidable fleet and a regiment of Spanish infantry. Galvez opened the bombardment from his ships and land batteries, April 2d, (17 81,) and kept it up, with little intermission, for a month. The garrison made a stubborn resistance, and it is doubtful what would have been the issue, but on the 9th May the magazine in the fort exploded and a capitulation became inevitable. Gen. Campbell surrendered the garri- 126 Mississippi, as a Province, son as prisoners of war, and with it the entire province.* With this terminated the British dominion in West Florida, after an occupancy of nineteen years. 1781. Strong garrisons of Spanish infantry, then renowned for their valor and discipline, occupied Pensacola, Mobile, Baton Rouge, Man- "*The following unpublished journal of the siege and surrender of Pensacola was kept by Sergeant James A. Matthew.s, who afterwards resided many years in the vicinity of Natchez, and died here at a very advanced age : " April 12th. Our mounted scouts and Indians discovered the enemies advance, and drove them back until they opened on us with two field pieces, when we fell back to our first redoubts. In this skirmish Lieut. Vanhorn was shot in the head and died during the night. 13th. This night began to fortify on an eminence about one and one-half miles west of Fort George. 14th, 15th, 16th, 17th. Heavy winds aud incessant rain. 18th. A polacco and schooner, under Spanish colors, came into the harbor. Enemy fired & feu de joy from their shipping and bat teries. 19th. Several ships appeared ofl' Santa Rosa Island. 21st. More ships for the enemy, and the rumor is they bring a number of French troops. 22d. The Spaniards made a demonstration near the upper redoubt, but were fired on and fell back. 2'ith. Enemy came out of their works and a skirmish ensued. They retreated after losing several of their number. During this skirmish a brigantine anchored near the lower end of the town and opened fire on Fort George, which was returned, but the, distance was too great to be effective on either side. An express arrived from South Carolina and brought news of the defeat of the rebels by Lord Cornwallis, and an intended reinforcement for this garrison. A feu de joy fired by the troops, by the fort and the several batteries. 2.5th. The enemy came out of their works and a brisk engagement ensued. They were driven back. We had one killed and flve wounded. From a prisoner we learn that in the skirmish on the 12th, Gen. Galvez was wounded, and Col. Kiell and several others killed. 27th. The volunteers, with a few regulars and Indians, surprised the enemy and drove them into their works, when the fire from their field pieces compelled us to retreat. This engagement began at 10 A. M., and continued till 2 p.m. Enemy suffered considerably. 28th. Seven deserters came in last night and ten this morning. 29th. During the night the enemy threw up an entrench ment within cannon shot of our works. Played on them with our pieces all day and most of the night. 30th. This morning our field pieces were advanced beyond the upper redoubt, and for three hours from the fort and our batteries we kept up a heavy cannonade, which was replied to. The Indians brought in a prisoner, who was ransomed by Gen. Campbell. May 1st. Enemy erecting works. We play on them day and night. 2d. Enemy opened a new battery on us. Four of our men killed and seven wounded. 3d. Enemy erecting works on the hill beyond our upper redoubt. 4th. A detachment of Pennsylvania and Maryland loyalists, with the light horse and the Waldekers and some volunteers, marched out to storm the enemy's entrenchments. Under cover of a heavy fire from our upper redoubt, we were almcst upon them before they discovered iis. A panic ensued. We dashed at them with the bayonet, drove them out of their works, spiked their cannon, burnt their fascines and cotton sacks, and killed forty or fifty. We had one ensign killed, and a corporal and fifteen men wounded. Sth. Lieut. Carroll killed by a shell ; Captain Forster wounded. 8tli. About 9 P. M., a shell from the enemy fell on our magazine, exploded and blew it up, killing upwards of one hun dred of our men, and destroyed the upper redoubt. The enemy advanced in force and took possession of it. 'The guns in Fort George and from the middle redoubt kept up a heavy fire, but the enemy, from their new position, killed a number of our men with small arms. About two o'clock Gen. Campbell, finding the situa tion desperate, sent a flag and proposed a parley to arrange terms of capitulation. These were agreed to and signed May 9th, 1781, between His Excellency, Don Bernardo de Galvez, Knight Pensioner of the royal and distinguished Order of Charles III, Major of the armies of His Catholic Majesty, Insp'ector, Intendant and Governor-General of the Province of Louisiana and "Commander-in-Chief of the Expedition ; and His Excellency, Peter Chester, Esq., Captain-General, Gov ernor and Commander-in-Chief in and over His Britanic Majesty's Province of West Florida, Chancellor and Vice-Admiral of the same, etc.; and His Excel lency, Major-General John Campbell, Commander of His Majesty's forces in said Province of West Florida. By this capitulation the fort and the whole province were surrendered to the Spaniards. The garrison to inarch out with the honors of war, and to be duly transported to the British provinces or snft'ered to remain twelve months to attend to their private aflairs. Territory and St-vte. 127 chac, Natchez, Nogales and other points, all under the control of the ablest soldier and administrator of his times. Galvez inspired universal respect, and his military movements, well planned and boldly pushed, never failed. His easy victory at Baton Rouge had astonished the English settlers in the Natchez district. It was something new to hear of the surrender of a British garrison, and many went so far as to accuse Col. Dickson of treachery. They were firmly persuaded, however, that Galvez would meet his Nemesis at Pensacola, and they determined to strike a blow themselves against the Spaniard. Knowing that preparations were going on for the siege of that city, they dispatched a courier to Gen. Campbell proposing to make a diversion in his favor, and asking him to support it. Campbell wrote to them to seize and hold the fort, and that he would send some troops to their sup port.* With this came the news that a British fleet, with several regiments, was then off the coast with orders to reconquer and occupy the country. Thus encouraged, and reposing unshaken faith in the invincibility of the British arms, the veteran half-pay officers in and around Natchez, who had served under Abercrombie, Amherst, Forbes, Wolfe and Sir Wm. Johnson in the Canadian campaigns in 1758-9, and under'Albermarle in the seige and capture of Havana in 1762, concerted measures for the seizure of Fort Panmure. They had been trained to hate the Spaniards and the French — the old hereditary feeling, growing out of frequent and protracted wars, that influenced all people of English descent in those times. They remembered the bloody executions ordered by O'Reilley, the Spanish governor-general, in 1769, and, as good protestants, they believed that the Inquisition and the instruments of torture, and the proscription of their rehgious faith, would be introduced by the Spaniards. It was determined then to strike a blow while Galvez was at so great a distance, and to hold the fort for the king, or deliver it to the American forces if they descended the Mississippi. They were loyal to England, but they preferred American to Spanish rule. These officers were Col. Anthony Hutchins, who had been a cap tain in the 60th regiment, British foot, and had served under Lord Amherst. Retired on half pay in 1762, settled in North Carolina where he married, and was appointed colonel and sheriff of his county. June, 1772, he visited Natchez and selected the White Apple VUlage for his settiement ; planted a field of corn, cultivated and cached It, after the Indian mode, in pits; returned to North Caro lina for his family, and in the same year, 1773, arrived at his new settlement. Capts. Blomart and Lyman had both served in the same campaigns, and had retired on half pay. Christian Bingaman and Jacob Winfree had held commissions in the provincial army under Gen. Forbes. Capt. EUis had commanded a company of Virginians, in the battaUon of Royal Americans, under Gen. Stanwix. Mann, the courier whom they had sent to Pensacola, on his return through the Choctaw nation, induced Folsom, a chief, and fifty war riors, to accompany him to Natchez, and on their arrival the people »MS. of Col. Hutchins. J 28 Mississippi, as a Province, generaUy assembled with their arms. They took position on a hill, at the house of John Rowe, and unfurled theBritish standard.* AprU 2 2d, 1782. The Spanish commandant sent out a conciliatory message, warning them of the responsibility they "vvere incurring, and recommending them to retire to their homes, with the promise of amnesty for all but their leaders. They answered him with a discharge from an old French cannon, and two small pieces they had recentiy seized on a boat ascending from New Orleans. The fort returned the fire very effectively, tearing through the house that they occupied, and kiUing a corporal and wounding three others. It became evident to the old soldiers that they could make no impression on the strong earth-work of Fort Panmure, at that distance and with such artillery. WhUe deliberating what plan to pursue, one StiUe, who resided with Capt. Mcintosh on St. Catherine's, was intercepted carrying a letter from that gentieman to the Spanish commandant.f advising him to hold on, that the revolt would soon die out. They promptly deter mined to turn this letter to their advantage. Calling on one of their number, John Alston, who had the art of imitating hand-writing, they wrote to the commandant over the signature of his friend Mcintosh, that farther resistance was useless ; that the insurgents had secretiy undermined the fort, and deposited therein a large supply of powder brought by Indian pack-horses from Pensacola, and that that very night had been fixed on for the explosion. By the threat of execu ting him wherever they found him, they prevaUed on StiUe to be a party to this stratagem, and he proceeded to deliver the letter. Panic- struck by the inteUigence, and never doubting it for a moment, com ing as it purported, from their most influential adherent, the com mandant promptly threw out a white flag. He was allowed to surrender and immediately take up his march for Baton Rouge, escorted by Capt. Winfree and a guard. The insurgents marched in and the British flag was once more planted on the ramparts of Fort Panmure. When the escort with their prisoners, reached Loftus' Heights, five barges under the Spanish flag, crowded with soldiers and Indians, were seen ascending the river. This was a surprise and, of course, there was a stampede. The Spanish prisoners were released, and made their way to the boats. Captain Winfree with his men retreated on the path to Natchez. He halted at his own house on or near Homochitto, to provision his men, taking no precautions, as he supposed the hostile expedition would proceed up the river. But, on conferring with the officers who had just been released by Winfree, Major Mulligan, an Irishman, commanding the Spanish expedition, leaving only men enough to conduct his barges to the White Chffs, landed and pushed on after Winfree. Ascertaining through his scouts that the party were wholly unsuspicious, engaged in pounding corn and roasting beef, he fell upon them at daylight, kUled fourteen and captured a numlser. But before this occurred the courier, whom Captain Winfree dispatched when the Spanish barges were first discovered, had arrived at Natchez with the news, and the citizens immediately assembled. Intelligence *Aftcrwards the well-known residence of the late Job Routh. fA wealthy and intelligent planter on St. Catherine, had been a staunch roy alist in Georgia ; removed to the Natchez and was much respected by, and inti mate with, the Spanish authorities. Territory and State. 129 came, too, of the disaster at Winfree's and it was determined to march and give battie to the enemy wherever he could be found. The Spaniards had reached a point near the White Apple Village, (the residence of Colonel Hutchins) when they ascertained that a formida ble party was advancing against them, and it was resolved to retreat to the White Chffs, a strong defensive position, where they would be in communication with their boats and their supplies.* They had not been long in position before they were confronted by two hundred determined men, expert with the rifle, led by officers who had seen service on many fields. They would, doubtiess, in half an hour have driven the Spaniards over the cliffs, and into the river, but just while forming for a charge a courier rode up from Pen sacola, with the astounding ne"\vs of the surrender of that capital, of the fort and garrison, and of the entire province of West Florida to the victorious Galvez! And that the British fleet, with reinforce ments, reported to have arrived was, in fact, the Spanish fleet, with veteran troops, from Havana ! The brave men, who had thus far so successfuUy carried the revolt, and had so often "svon batties under the British flag, were paralyzed. The insurrection instantiy collapsed. The rank and file might find safety by dispersion, but for the leaders, with confiscation, imprison ment and summary execution staring them in the face, the only thought was of family, the only recourse immediate fiight — fiight through a vast wUderness, occupied by savages, to the the British posts in Georgia and Carolina. A more precipitate and distressing exodus never occurred. Leaving their homes which they had made comfort able by severe toU, their property which had been accumulated by patient industry ; with no transportation but a few pack-horses, with no luggage but their blankets and some scanty stores, they gathered their wives and children, and struck into the wilderness. Fearful of ¦^The White Cliffs, now known as Ellis' Cliffs (after Col. John Ellis, one of the most distinguished pioneers,) twelve miles below Natchez, and one of the most picturesque points on the Mississippi. Once the residence of Terre Blanche, or White Earth, a noted chief of the Natchez. In the Spanish records I find the following, addressed to his Excellency Gov ernor Miro : "The memorial of a few of the inhabitants of Second Creek, in behalf of them selves and others humbly showeth : That a piece of land, not exceedinff one hundred andfiftyarpents, lying between Mr. Ellis' line and the river, at the "White Cliff's, poor, broken, and not desirable for cultivation, is nevertheless well adapted for stores, warehouses and a public landing, and would be if used for such, a convenience to the public, and specially to your petitioners and their neighbors. Your memorialists therefore pray that no private claim may be allowed to cover it, but that your Excellency will order it set apart for the use of the Sovereign and of the public. Nicholas Long, Abner Green, Samuel Hutchins, Isaac Johnson, Wm. Vousden, John S"(vayze, David Mitchell, Israel Smith, Jesse Carter, Samuel Cooper, Nehemiah Carter, Joseph Dunn. Natchez, January 15, 1778. ¦Whereas I, Anthony Hutchins, have a claim to the above mentioned tract, yet, as it will be a great convenience to the inhabitants to have it set apart for public uses, I hereby waive my claim if the prayer of the petitioners be conceded. Anthony Hutchins. The Governor issued the order on the back of the Petition, but the place has long since caved into the river. 9 130 Mississippi, as a Province, pursuit, fearful of ambush, dogged by famine, tortured by thirst, exposed to every vicissitude of weather, weakened by disease, more than decimated by death, the women and children dying every day, this terrible journey makes the darkest page of our record. But the courage and perseverance they evinced, the uncomplaining patience and fortitude of refined and delicate women, at that .period of suifer- ing and peril, shed a glow of sunshine over the story, and their de scendants, stiU numerous in Mississippi, wiU read it with mingled pity and admiration. Among these fugitives were the Lymans, Dwights, and many of the most cultured famUies of Massachusetts and Connecticut. The sup plies they brought with them were soon consumed, and then they lived on roots, herbs, and whatever they could gather in their flight. Some of the Indians they fell in ¦4vith seized their pack-horsesj others, more humane, would divide with them their meat and corn. Having broken the only compass in their possession they traveled by the sun and stars. They crossed the numerous rivers on their route on rude rafts bound together with vines. When they got to Bayou Pierre it was very high, with a fierce current, and to cross it on a fraU raft was too hazardous. They tried various expedients and faded, and at last the most of the men threw themselves on the ground and declared they might as well die there, unless Providence opened a way to cross over. One man only insisted that, on the opposite shore, in all probability, Indian boats were secreted, and that if one or more would join him they would attempt to swim their pack-horses and make a search. No one seconded the proposal, until Mrs. Dwight said that she would ven ture. Her husband, roused by her intrepidity, declared that he would make the trip, but his wife insisted on accompanying them, and ah three plunged into the river. They were swept down by the violence of the current, and were given up for lost; but Providentially they struck a reef where the water was shallow, and finally reached the shore. After a long search they found an old Indian pirogue, full of cracks and seams, which they caulked by tearing up a portion of their ragged garments, and then, by constantly baling, the travelers con trived to get over three at a time. At one point on the journey — when, owing to cloudy weather, they had not been able to regulate their course, and had wandered out of their way into the prairies, they had been thirty-six hours without water. The pangs of hunger were hard to bear, but their thirst became intolerable. On the morning of the second day, perceiving no sign, they halted, leaving. Mrs. Dwight and two others in the camp, and scattered in dif ferent directions in search of water. Late in the afternoon, 'one at a time, these parties came in, broken down with fatigue, unsuccessful and despairing. To press forward, to remain or to retrace their foot steps, either seemed inevitable death. The heroic woman, who had led the way across the swoUen river, now staggered to her feet and said, ' 'Christians never despair. I will proceed onward in the search and not stop as long as my limbs wiU support me." Followed by two men and two women, in the course of an hour, when they were nearly exhausted, she paused at a spot where the grass was luxuriant and the soil spongy. "Here," said she, "we must find water or die." By digging a few feet, with their hands and sharp bits of wood, the water slowly oozed up, and thus a second time the whole company was saved Territory and State. 131 by the faith and fortitude of one feeble woman. At length, naked, and emaciated from sickness and famine, the few survivors reached Savannah. Doctor Dwight and his wife returned to Northampton, Mass. Fle was afterwards lost on a voyage to Nova Scotia, and the heroic woman who had resisted suffering, and inspired the despairing, succumbed under the blow. Such is the nature of those we love best. Enduring physical ills, reverses of fortune, privation and danger with more than the patience and fortitude of men, but fading and sinking under the slightest wound to their affections and their faith. Colonel Hutchins, who had been so prominent in the revolt, had a large family, and a large estate. He, at first, with eight followers, secreted himself in the cane-brake, until he could ascertain whether the Spanish policy would be amnesty or revenge. Finding that Cap tain Blomart, Captain Winfree, Parker Carradine, George Rapalie, John Alston, John Smith, William Eason, and others, had been seized, ironed and sent to New Orleans, he resolved to strike for Carolina. His wife was a woman of great firmness, inured to the perils of fron tier life.* She determined to remain with her daughters, and protect, as far as she could, their large property. Colonel Hutchins fortu nately had influential friends in New Orleans, and he occupied his last moments at home in writing to them for the protection of his family. He had barely finished, when an armed party entered the house, but he contrived to escape. They seized his body servant Tony, who had accompanied him from Carolina, and on his refusing to disclose the hiding place of his master they hung him to a tree and left him for dead. As soon as they disappeared Mrs. Hutchins cut him down and with difficulty saved his life.f Col. Hutchins and his party lay close until night, and then striking through the woods, they fell into the old Indian path to Mobile (now known as the public road from Natchez, by the old court house to Liberty.) They struck this trail not far beyond what is now known as Sandy Creek, and just about day-light they were fired upon from a dense thicket on both sides of the road, by a strong body of Indians, with a few Spaniards, ambushed on the path on the lookout for fugi tives. Four of the party feU. Col. Hutchins and a lad of sixteen, John Orr, being in the rear, escaped untouched, and immediately took to the woods. They returned no more to the path for fear of another ambush, lay by in the day and traveled as well as they could at night. They pursued this course until they crossed Pearl river. There they turned aside, and having no food, and no arms, (but an ordinary hunting knife,) they kUled one of their horses, and jerked and dried it over a fire. Stringing this on grape vines and packing it on their other horse, they resumed their journey, the Colonel aiming to strike the traU that he had traveled in 1772 and 1774, when mov ing to the Natchez from Carolina. His object was to reach Charleston "*When Willing's party visited her house, and ordered her to deliver the plate and money, she refused. The officer pointed a pistol at her head and she cried out, "Shoot, ruffian, you can easily kill a woman." fThis faithful African long survived his master and mistress and most of their family. He continued to reside, all alone, at the White Apple Village long after the place had been abandoned and the buildings crumbled away, and was at last when |in extreme old age murdered by a negro for hia little hoard of money. Sparks, in his "Reminiscences ot Fifty "STears," speaks of his interview with Tony, and relates this incident. 132 Mississippi, as a Province, or Savannah. They avoided the Indian towns, and the few Choc taws they met were in amity with the English at Natchez, ignorant, likewise, of the change that had occurred, and did not molest them. When they reached the Alabama they kUled their other horse, and spent three days in barbecuing the flesh, which they had to pack on their backs. They were several times detained after getting into the country of the Creeks, or Muscogees; once particularly, when they got to the Chata-uchee river at the ancient town of Chehaw. Just on the opposite side was the town of Ussata, and, though they were so contiguous and belonged to the same confederacy, their lan guage was radicaUy different. While thus detained over two months, a company of traders arrived on their way to Augusta. Through their influence they were released, and mounted on pack-horses accompanied the traders. Col. Hutchins made his way to Savannah, thence to London, where he remained several years, when by the intercession and influence of friends in New Orleans and of William Panton, the great English merchant at Pensacola, with the Spanish authorities, he was permitted to return.* ¦¦¦"William Panton was a native of Aberdeen, Scotland, who came to Charleston (before the American revolution, witli his countryman Thomas Forbes, and en tered into an active and profitable traffic with the Creeks, Cherokees and Chick asaws. They invested in lands and soon acquired large estates in Carolina and Geor,gia. When the revolution broke out, being determined loyalists, their estates were confiscated and they moved to East Florida, then a British province, rapidly developing under British capital and enterprise. On the 15th January, 1783, they received a license signed by the Governor, Brigadier-General McArthur, commanding His Majesty's forces, and Thomas Brown, Esq., Superintendent of Indian Affairs for the Eastern Division ot the Southern District of North America, to carry on the Indian trade and supply thelu with British manufactures. They established themselves on the St. Mary's river, under the style of Panton, Leslie & Co., Leslie being a brother Scotchman. On the cession of the Floridas to Spain, February 20th, 1783, by agreement be tween His Majesty's officers and Don Manuel de Zespedes, the Spanish Commis sioner, Panton, Leslie & Co., were permitted to continue their residence and business. Shortly afterwards the Spanish authorities remitted to them all duties on goods imported in their own vessels, and their persons and efi'ects were de clared exempt from the "jus alibi natus." Their principal establishment was at Pensacola, with branches at St. Johns, St. Augustine, St. Marks, Apilachicola, Mobile and Chickasaw Bluffs, with trading establishments for receiving peltries and drying skins at many of the Indian towns. They imported goods and sent returns to Lond.on, on their own ships, and employed fifteen sloops and schooners in their business. They had an express agreement with the Spanish government that in the event of war between thctwo countries, they were to be allowed eighteen months for the removal of their property. By a royal order. May 3d, 1798, the time was extended two years, and finalh", on account of the great and nsefiil influence they exerted over the Indians, they were permitted to remain permanently without any restrictions and carry on their trade as British subjects. -,Wm. Panton lived in great splendor, in a palatial residence at Pensacola, and was styled by the Indians " The White King." The celebrated Creek chieftain. Gen. Alexander McGilyeray, died at his house. This great concern was : From October, 1792, ) r Thos. Forbes, i'' ^ [ PANTON, LESLIE & CO. \ Wm. Panton, August 31st, 1795. j ( John Leslie. 1 f Wm. Panton, September 5th, 1792. PANTON, LESLIE & CO. i^'°', Leslie, to 1- Eob't Laslie, September 30th, 1798 t ¦ ^ Thos. Forbes, Jno. Forbes, J L Jno. Forrester. Eobert Leslie died in 1798. Territory and State. 133 MuUigan and his men committed many outrages, but Col. Grandpre arriving at Natchez with a detachment of regulars, soon restored order. Many arrests, however, were made, and much property seized. Col. Grandpre, who was an old friend of the family, de clined to seize any of the effects in the hands of Mrs. Hutchins, or to confiscate the land, but referred the case to Don Pedro Piernas at New Orleans, and permitted Mrs. Hutchins to be the bearer of a letter to him, under an escort from his garrison. The chivalric Span iard received her with great courtesy, and sent her back with this note to Grandpre : ''You did right to permit no seizure of this lady's property. We war not on women or for plunder. She has already been robbed by American brigands, and our forbearance will contrast honorably with theirs." Capts. Blomart and Winfree, John Smith, Parker Carradine, Wil liam Eason, George Rapalje and others were arrested while preparing for flight, and were sent prisoners to New Orleans. John Alston was arrested in the Indian territory. Philip Alston, John Ogg, Christian Bingaman, Caleb Hansborough, Thaddeus Lyman, John Watkins, Wm. Case, John Turner, Thomas James, Phihp Mulkey, Ebenezer Gossett, Thompson Lyman and Nathaniel Johnson, all active in the revolt, escaped to the Cumberland settlements. All of these, includ- Wm. Panton, Thos. Forbes, Jno. Forbes, Jno. Leslie, L Jno. Forrester. 1 1798 I to I- PANTON, LESLIE, & CO. December 31st, 1801. | J William Panton died at Savannah, Georgia, in 1801. ] f Thos. Forbes, 1801 to 1803 \ PANTON, LESLIE & CO. ] j^- ^^^^^st^^, J L Jno. Forbes. John Forrester retired from the concern, and John Leslie died about 1803. 1803-1808. 1809-12 f Jno. and Thos. I Forbes, JNO. FORBES & CO. | Jas. Innerarity, Wm. Simpson and Ph. Yonge. y JOHN FOEBES & CO. J L Thos. and John Forbes. Jas. Innerarity. Wm. Simpson, Philip Yonge. Thomas and John Forbes and Philip Yonge were stationed in East Florida. Jas. Innerarity and Wm. Simpson in "\Vest Florida. James Innerarity arrived from Scotland in 1796, and was leading clerk in the house till admitted a partner in 1803. John Innerarity was managing clerk from 1803 to 1812, when he became partner and was the last survivor, dying at Pensa- •colainl855. In 1830 he was appointed Vice-Consul of France, and in 1846, at the instance of Guizot, was nominated chevalier and received the cross of the Legion of Honor. He was a man of varied learning and elegant accomplish ments. He married the daughter of Col. Marcos Canton de Villiers, a Norman noble in the Spanish service. The Panton residence, stores and ware-houses in Pensacola, covered a whole square. They were chiefly built of imported brick. Destructive fires and the lapse of years have left few remains of them. The site is now occupied as a hospital. 134 Mississippi, as a Province. ing the prisoners in New Orleans, were ultimately pardoned and per mitted to return, chiefly through the wise and conciliatory policy of Piernas, and the intercession of Panton & Co. Gov. (Don Manual Gayosa de Lemos. OHAPTEE XYI I. ^v«i«i^^ ITH the exception of O'ReiUy, who had been dispatched l^^'ya*®"fa specially to crush a formidable insurrectic :i, the Spanish <'^^2^^q/' 1 governors exercised their authority mUdly. There were ^g^H^W)^ doubtiess many abuses practiced, but they cannot justiy f&U^^^rS^- be accused of severity. No mihtary executions were '^ij^r ordered. Confiscations were, in numerous instances, can- ^^^i-^ celled ; in others so modified, as to set aside half the pro- •fe' pertyfor the family of the fugitive. A number of persons con- •e/J cerned in the insurrection, and being compeUed to fly, made ' forced sales of their property for a very inadequate consideration. In all such cases brought to the notice of the authorities, the sale "was nuUified, and the property, in whole or in part, restored to the original owner or to his wife and children. The Lyman mandamus of twenty thousand acres on Bayou Pierre was seized by the authorities, but when It was ascertained that Salome, grand-daughter of General Lyman, had been left destitute with her aged grandfather, Waterman Crane, one-half the tract was relinquished for her benefit. The large pro perty of Colonel Hutchins, consisting of extensive bodies of land, numerous slaves, one thousand head of cattle and five hundred horses, was not molested.* 1782. Francis Collet arrived at Natchez as civil and military com mandant, and was succeeded the following year by Colonel Trevino. Next came Don Estevan Miro, followed by Piernas, Don Francis Bouligny, and then by Don Carlos Grand-Pre, who was succeeded by Don Manuel Gayoso de Lemos, the last of the Spanish governors at Natchez. 1792. During his administration, the excitement of the insurrection having subsided, the immigration of Americans into the district was renewed. The clemency of the Spanish authorities, the easy terms on which they granted lands, the exemption from taxes and from mUitary service, their interposition to protect the honest debtor from usurers and alien creditors, the unrivalled fertility of the country and the free access to New Orleans permitted to settlers, were powerful induce ments to colonization. The immigration, as we have seen, under British rule, consisted for the most part of those who sought this remote retreat to escape the calamities of civil war. Many of these were Highlanders from North Carolina. After the fatal battle of CuUoden "*This was due to the influence of Panton & Co., of Pensacola. 136 Mississippi, as a Province, in 1745, large numbers of the foUowers of the Stuarts left their coun try and settied along the Cape Fear river, and gradually spread over the counties of Bladen, Anson, Moore, Richmond, Robeson and Samp son. Remembering the horrors of their own rebellion, and having then preserved their lives by taking an oath of aUegiance to the house of Hanover, they now generally sided with the crown. One of their most influential men. Gen. Donald McDonald, was commissioned by Governor Martin, brigadier-general, and when he hoisted the royal standard February i, 1776, fifteen hundred of his countrymen, and their sons, assembled around it* He, however, was soon afterwards defeated by Colonels Moore, Caswell and LUlington, with the State troops. The authorities of North Carolina, appreciating their position and scruples, acted wisely and generously, granted a full amnesty, and invited them to unite in the common struggle for liberty. They never again took up arms except under compulsion, and many of them im migrated to West Florida, and their worthy and industrious descendants may be found from Pensacola to Natchez. The Scotch-Irish, consisting of emigrants from the north of Ireland, descendants of Scotch parents intermarried with the Irish, were numer ous in Pennsylvania, Virginia and North Carolina, in 1775, and gener ally took up arms for the colonies, but many of them finding their neigh bors and friends di-vided, and the feeling becoming more vindictive every day, followed the British authorities into Florida, and were among the earliest and most valuable settlers in the Natchez district- The immigrants who came to the Natchez after the Spaniard^ regained West Florida, in 1783, came chiefly to better their fortunes' and with the conviction that the United States had a just claim to the country, and would soon assert it. The Greens, Wests, Montgomerys, and others, were the leaders of this class. They brought with them culture, social position, enterprise and considerable wealth, and these elements controUed and characterized the community. At no period since has there been better order and fewer crimes. The Spanish authorities had no disposition to be severe, nor did they manifest any desire to be so. The successive commandants at Natchez, and the governor-general of Louisiana, were accomplished gentlemen, trained to arms, stately but courteous, punctUious, fond of etiquette and pomp, but hospitable, generous and forbearing. They were Catholics, of course, and such was the religion of the kingdom and its provinces, and those who emigrated to the country came with'a full knowledge of the fact. A large majority of the settlers were Protestants, who en joyed their faith and the right of private worship. No attempt was made to proselyte or proscribe them, nor was there ever any official interference unless the parties in their zeal, or under indiscreet advisers, became offensively demonstrative. There was, in fact, more religious freedom and toleration for Protestants in the Natchez district, than Catholics, and dissenters from the rulinsj denom- "¦'¦"The celebrated Flora McDon;ild,who had saved the life of Charles Edward, after the hattle of CuUoden, married her cousin, Allen jHuDonald, and in 1775 settledfirst where FayetteviUe now stands, and afterwards in Cumberland county. General McDonald was her relative, and her husband was one of his captains. They soon after returned to their native country, where she died in 1790, and her husband two years after. Their children all lie by them in the Isle ot Skye, but her kin dred and clan may be found from North Carolina to Mississippi, where they are still numerous and infiuential. Territory and State. 137 ination, enjoyed in either Old or New England. The religious bigotry and proscription so prevalent at that day, in Massachusetts- — the secta rian frenzy which has been witnessed, in our own times, distracting famUies and communities, breaking up educational institutions, silenc ing ministers, burning convents, enforcing test oaths and carrying reli gion into politics, and politics into the pulpit, were entirely unknown. It was a community of Protestants under a strictly Catholic dynasty, in an age of intolerance. But here there was little persecution, no proscription, no civil distinctions made, and never any interference except, in one or two instances, when the preservation of public order was imperative. Sir William Dunbar, a British subject, brought up in the discipline of the Scottish church, who settled at Baton Rouge in 1775, and had every opportunity of observation, in the private journal which he kept, notes no interference with the rights of conscience, and testifies to the impartial administration of justice. "British pro perty," he writes, "is in perfect security. An Englishman may come here and recover his debts, and obtain justice as soon as in Westmin ister HaU." This is a remarkable tribute to the integrity of the Spanish ofiicers. Debts were promptly coUected. The initial process was by petition setting forth the amount of the claim and the consideration, and all the circumstances, whereupon an order issued to the party to appear on a certain day, and arbitrators, usually th'e best men in the community, were designated by the commandant to decide the matter, a tribunal preferable to the jury system as it is now conducted, when the highest rights of property, depending on intricate questions of law, are submitted to men, often notoriously ignorant and corrupt, picked up in the grog-shops around the court-house. While the British held West Florida the people of this district had purchased many slaves from the Jamaica merchants, usually on a credit of twelve months, or one or two years, and, on the change of govern ment, agents were sent over to collect these debts. Governor Miro found it necessary to grant a stay of proceedings, to avoid breaking up the planting interest. The planter exhibited on path a full inventory of his property ; it was duly appraised, and the whole being recorded on the books of a notary, was held as a mortgage until the debt could be paid out of his crops. British subjects were allowed two years longer to dispose of their property, with the privilege of remaining permanentiy on taking the oath of allegiance. The Spanish Secretary wrote to Governor Miro : "I have informed his Majesty the King, of the measures taken by your Ex cellency for the respective interests of the inhabitants of the Natchez and their creditors, and laid before him the reasons assigned by your Excellency and Don Manuel Gayoso de Lemos ; and his Majesty the King, considering the solidity of vour showing in the papers submitted, has come to the resolution of approv ing' the suspension of the executions, ordered by your Excellency, and by virtue of his supreme authority, to grant to the inhabitants of the Natchez the delay of five years, to the year 1800, in the manner your Excellency proposed,^ they paying every year out of their crops as much as possible, thus gradually dimin ishing it so as to pay the whole in the last year, or before, if practicable, your Excellency and the Governor of the Natchez taking care that there shall be no omission on the part of the debtors, and that good faith and the necessary punctuality be observed, with the other precautions and formalities for the pro tection of creditors." That there were many abuses, particularly in the exaction of fees, and the receiving of bribes, by officials, who often exercised at the 138 Mississippi, as a Province, same time executive and judicial powers, there can be no doubt. Such abuses exist in all, and especially in colonial governments, and unfor tunately the evU seems to have taken root, like a cancer, in the vitals of this country, notwithstanding the boasted freedom of its institutions. To guard against extortion, the following clause, devised by a Spanish lawyer, was usually inserted in wUls and testaments: "And whereas the taking my inventory and valuing my property would incur costs and fees prejudicial to my heirs, it is therefore my will and pleasure that (by virtue of the power and authority granted to me by law) the inventories, appraisements and all other proceedings concerning my Estate, shall be done and executed, extrajudicially, without the interference of the officers of the government, except only where their authority is necessary to confirm the pro ceedings ; I do hereby nominate and appoint A. B., of , to preside at the taking the said inventory and appraisement jointly with my executors, and do grant them all the power and authority requisite by law for the same.""* The utility of stay laws, under any circumstances, is disputed, but in this instance the policy of Governor Miro was adopted to foster the culture of tobacco, then in its infancy, and one of the royalties of the king which brought him no inconsiderable revenue. Another object was to encourage immigration. This obstacle to the summary coUec tion of debts would operate in this respect as a similar law of the republic of Texas has been seen to operate, and as the extraordinary '*The Spanish officials, though often not above accepting bribes, had high ideas of dignity. As late as October 21, 1803, after Louisiana had been sold by Napoleon to the United States and his pompous prefect, Laussat, was then in New Orleans exercising his short lived sway, two of them considered it incompatible with their dignity to allow their testimony to be taken by commissioners appointed by the Supreme Court of the Mississippi Territory, iu a matter, too, in which they had both ofiicially acted : New Orleans, 21st October, 1803. Theodore Stark, Esq.: Sir — As soon as we heard that the dedimus directed by the Superior Court of the Mississippi Territory, under date of tlie 23d of August, past, to Mr. Hul ings and to ns, was arrived, for the purpose of administering certain interroga tories thereto annext, to Don Andres Lopez Armesto, and Don Carlos Trudeau,"in a suit depending between Abner Green and Thomas Hutchins, Mr. Mather called on Mr. Hulings, to whom the documents were addrest, and asked him whether he intended to act in the matter? And on his declining we were disposed, as far as we could, to carry the request of the Court into execution. The first step to be taken, seemed to be to enquire whether we inight be permitted to act in virtue of the dedimus. In consequence, we yesterday -\vaited on the Secretary of the Col ony, Don Andres Lopez Armesto, to enquire in what manner we might best exe cute the intentions of the Court, without giving umbrage to the govorninent under which we live. Don Andres exprest his readiness to give his testimony, but wished to do it in a manner that should not affect his dignity as a public oificer. After much con versation we left him with small hopes of success in the bu.siness. It having, however, been intimated to us that maiiv difticulties might be remov ed by another application, we waited on him a'jain this dav, and becged to know m what manner his testimony, and that of Don Carlos Truel'eau, mighVbe obtained. He answered that it we thought proper to deliver the interrogatories to a Spanish notary, he would allow the said notary to wait upon him with thera, and would give m his answers to them, butthat the idea of our acting under the dedimus, of admin istering the interrogatories, or of being in any wise concerned in faking his an swers, WIS totally inadmissible, and what the Spanish Government would not allow. Ihe same objections, he said too, existed agninst our procuring the testi mony of Don Carlos Trudeau, [Surveyor of the Colony.] Under these eii-cuni.stances, it appearing quite impossible for us to execute the request ot your Court, for which we have much respect, we now return vou en closed the writ ot dedimus, together with the interrogatories, and have the honor to be, sir. Your most obedient servant.s, J.vMES Mather, Evan Jones. Territory and State. 139 exemption and homestead laws of that State, are now operating. The following decree of Governor Miro was prompted by the same motive : "It is declared that what is called 'lawful interest,' in the stipulations between the inhabitants of Natchez and their creditors, is to be understood at the rate of five per centum only, and the same, by any delay in the payment thereof, shall not be converted into principal, and interest be paid upon interest ; because that would be manifest usury. The accounts of the said inhabitants shall be settled upon this principle, abating such as have been previously settled at a higher rate than is here prescribed. And for the due performance of this provision the parties interested are to be furnished with authenticated transcripts hereof, ou application." ESTEVAN MIEO, Nicholas Maria'_Vidal, ' Governor-General, Etc., Etc. Secretary. This decree was, undoubtedly, prompted by the strongly written memorial, drawn up by Colonel Hutchins and numerously signed by the planters of the Natchez.* And from the merits of the question discussed, it gives an insight into the industries and values of those times : 1792.]To his Excellency Don Manuel Gayoso de Lemos, Governor, Etc., Etc.: We, the planters of the Natchez district, humbly approach your Excellency, praying to report our distressed condition. The accounts against us, laid be fore your Excellency by the merchants, .shew that we are deeply involved. How this came about, and by what means we can be relieved, is the object of this memorial. The King caused a proclamation to be issued that, for a limited time, he would receive all the tobacco we could produce at ten silver dollars per hun dred pounds. In going into this culture, we had to provide the necessary im plements, and the charges thereon were enormous. Wrought iron iniplements were charged at the rate of six reals a pound. Salt fifteen dollars, often eigh teen and twenty dollars a barrel. O.snaburgs, needful in shaping our tobacco into carrots, were charged at six reals but more generally at one dollar a yard. And so with all articles indispensable to the planters. Most of our lands were uncleared. Few of us possessed much stock. When our crops fell short many of us had no other resources. The few that had open and well stocked farms had this advantage that, when their tobacco failed, they could sell their corn at one dollar a bushel, pork at ten dollars per hundred pounds, and beef at six dollars and a quarter. When the King declined taking any more tobacco, the merchants combined against us, and by agreeing upon a tariff of low prices, have so reduced the value of all descriptions of produce, that it now takes, exclusive of interest, one hundred per cent, more of the same produce to pay the same debts that it did four years ago. The merchants last year gave notice that they would take corn at halt a dol lar per pushel, beef at four dollars per hundred and cotton at twenty-five dol lars per hundred, in payment of debts. The first of those articles the Govern ment bought from them at the same price, in cash. The army contractors took the beef and paid cash ; and cotton served as a remittance to Europe and left them a profit of fifteen to twenty-five per cent. On those who paid theni in indigo, they made still greater profits. We are now informed, that while they will not abate their charges for merchandise, they expect to have their ctebts paid in silver dollars. They encouraged us to go into the culture ot mdigo, cotton, tobacco and corn, and after all the expense of preparation, they decline to take our produce unless they regulate the price. We verily believe such conduct has deterred and will deter many worthy *MS. papers of Colonel Hutchins. 140 Mississippi, as a Province, and respectable persons from settling in this favored country. The mildness of government — the equity of the laws — their impartial administration— no taxes imposed — the climate and soil so happily blended for the cultivation ot both northern and southern products — would bring thousands to His Majesty's province, but for this iniquitous combination against the planters. If these men would offer equitable prices, and abide by what they offer, industry would revive and much wealth would pour into the district. But unless this change be effected matters will drift from bad to worse, and the time is not very far distant when the planter must destroy the merchant, or the merchant must destroy the planter." ~ Natchez, December 21st, 1792. Lands were obtained with littie difficulty or expense. The immi grant made his selection of any unoccupied parcel, and presented a written request for an order of survey. If no obstacle intervened, the governor issued the order, and on the return of the plat and the payment of very moderate fees for surveying, the grant issued. Many settied under the order of survey merely, if the survey could not be immediately made. The earhest Spanish order of survey in the Natchez district, is dated AprU 20th, 1784, and the latest September ist, 1795. Tobacco was the first crop for export grown in the Natchez district. It yielded from fifteen hundred pounds to two thousand per acre; was usually packed in hogsheads of from six hundred to eight hundred pounds, or shaped in carrots, like the Perique of the present day, and sold to the king at ten dollars per cwt. , payable in Spanish doUars. But the visit of Gen. WUkinson to Gov. Miro, in 1787, introduced Kentucky and Tennessee tobacco into the market, on peculiarly favor able terms, and the Natchez planters suffered from this arrangement. They gradually turned their attention to indigo, and realized from one doUar and a half to two doUars and a half per pound. It was con sidered a profitable business until 1795, when it was generally aban doned, owing to the depredations of an insect that devoured the leaves and buds, and sapped the juices of the plant. The yield was consequently greatly reduced and the quality deteriorated. The last crop made by Col. Hutchins, in 1794, only realized in New Orleans one dollar per pound. They next turned their attention to cotton, the seed having been procured from Georgia and Jamaica. It was a black seed of fine fibre and good staple, and was the only variety planted in this quarter "*The merchants, in response, put forth the following circular: Whereas, A number of the inhabitants ot this di.strict who, toward the latter part of 1771, solicited and obtained a term of from three to five years for the payment of their indebtedness, promising to pay annually one-third thereof. But whether owing to misfortunes, or other causes, they have generally failed iu com plying with this engagement, and have, in many instances, canceUed no part of their indebtness. Now this is to advertise all such and to invite them to come in either to Mr. Alexander Moore, on his plantation ; or to Mr. Peter Walker at the landing, on any day between this and the 1st February next, and give in a state ment of their afl'airs. It will only be in extreme cases that coercion will be re sorted to. It is not the design of the creditors to distress or ruin any honest, industrious debtor. As a number have complained that they had no encour agement to work, not knowing what values would be allowed them for their crops by their creditors, we now inform all such that the following prices will be allowed for produce now delivered aud for the ensuing crop, the articles to be delivered at the landing : Indigo, the highest price given in New Orleans ; Cotton, $4 per hundred-weight, in the seed, or $25 clean ; Pork, $5 per hundred-weight; Beef, $4; Corn, four reals per bushels. Territory and State. 141 untU 1 81 1, when the Kot appeared, and in a year or two became very destructive, often destroying half or more of the crop.* This alarming visitation disappeared with the introduction of a green seed variety from the Cumberland, an inferior short staple, coarse-wooled cotton, but which was almost entirely exempt from rot. Subsequently, what was long known as the Petit Gulf seed were in- ti'oduced, it was commonly said from Mexico, by Dr. Rush Nutt,t a distinguished planter and scientist. This variety was very prolific, with a long, fine and strong staple, and free from rot. To this small importation, improved by good culture and careful selection, may be ti'aced all the numerous varieties of fancy and improved seed since advertised. All hybrids that cannot trace back to the original Petit Gulf, are equivocal. The exact locality whehce that seed was obtained is unknown. Dr. Nutt had traveled extensively in cotton producing countries, and brought home with him many varieties which were carefuUy tested, but he found only one that "filled the biU." Whether this seed had been picked up by him in his travels, or had been given to him, as is generally believed, by some passing way farer, cannot now be ascertained. The characteristics of the new variety were a vigorous stalk, with short jointed limbs branching out near the ground, numerous and large boUs, strong and fine staple, easily picked, yielding more than any other cotton, and not subject to rot. The original seed were large, white and wooly. It was caUed the Petit Gulf seed because first planted in the rich cane hiUs of that locality, once so renowned for the production of cotton, and for its skUlful and opulent planters. The demand for this seed be *November 2d, 1818, Judge Shields writes Mr. Poindexter from Natchez : " The rot has been so destructive in Wilkinson and below, that half crops will not be made, nothwithstanding the fine season we have had for picking. Tlie level lands around Bayou Sara have sufi'ered most." fDr. Bush Niitt, a native of Northumberland county, Virginia, settled in the old town of Greenville, Jefferson county, in 180.5, and soon became a very suc cessful practitioner. He there married a daughter of Judge Ker, and afterwards removed to the cane hills in the rear of Petit Gulf, and devoted himself to the planting of cotton. In this pursuit, he has had no superior. He studied the cotton gin, and improved it until it reached, in his hands, a perfection beyond which it has not advanced. He simply took the imperfect Whitney gin and im proved it to its present state. He made numberless exi^eriments with the grates, saws and brushes, and the adjustment of the several parts for moting; all attended with much study, labor and expense. He was the first to attach the long flues to the gin-stand with grated floors, to separate the dust and cut fiber or waste cotton from the marketable portion. He was the first to perceive the advantage of regular motion for the gin, so as the better to detach the motes or false seed. And with this object was the first to substitute, in 1830, the steam engine for horse power. He contracted with Mr. David Longacre for an engine to drive two gins, at a cost of twelve hundred dollars. It was made in Pittsburg, and was in operation as late as 1860. IThis was the first steam power ever used in the ginning of cotton. Mr. Alexander, an enterprising planter on Lake Concordia, was the next to apply it, and the venerable Job Bouth, on his plantations on Lake St. Joseph, the third. Until the civil war broke ont the demand for these steam powers for the cotton planters created a now industry, and a rich source of profit for the northern and western foundries. In the culture of the plant and its improvement by a careful selection of seed ; in the introduction of the field pea as a fertilizer, and the plowing in (instead ot burning) the corn and cotton stalks. Dr. Nutt taught the planters a most useful lesson. The late Francis Surget, of Adams county, a man of singularly acute perceptions, and the most extensive and successful planter ever known in Missis sippi, was the first to introduce circular or horizontal plowing, to preserve the hill land from washing. Dr. Nutt was the second to adopt the practice, and he caused it to be executed on strictly scientific principles. 142 Mississippi, as a Province, came co-extensive with the cotton zone, and, in many instances, yielded a revenue to the producer equal to the lint. Importations have been subsequentiy made from Mexico, Guatemala, Egypt and other countries, but no variety introduced has proved equal to the original Petit Gulf In the process of culture the seed of this variety had a tendency to grow smaller, and to become darker. Careful planters kept up their stock of white seed by hand picking, and the other seed were classified as the "Little Mexican," and the "Brown Mexican," retaining most of the attributes of the parent seed and commanding a good price. The first notice of cotton in Mississippi is by Charlevoix, who states that he saw some plants at Natchez, in 1722, in the garden of M. de Noir. BienvUle wrote, in 1735, that it grew well on the Mississippi. And VaudreuU, in 1746, informed the French government that cotton had been received at New Orleans from the Illinois.* It began to be cultivated as a crop in Louisiana in 1760, from St. Domingo seed, and Maurepas, the French minister, recommended the importation of ma.- chineryfrom the East Indies for the separation of the seed and lint.f In 1722, Captain Roman, of the British army, was at East Pasca- ' goula, and saw the black seed cotton growing on the farm of Mr. Krebs, with a machine of his own invention for its conversion into lint. This was the Roller gin, and no doubt the first ever in opera tion in this country. :|; September 29th, 1794, John Miller, an eminent London merchant, wrote to Col. Hutchins : "Indigo from the Natchez, of good quality, still bears ii good price. But your people are beginning to make a very indifferent article. They had better continue to make it good, if but half the quantity. As to cotton, should you speculate in it, I cannot advise you to give above ten pence a pound for it,"if even of a good long staple. Short staple will not answer. The best Georgia and Bahama sells here from fifteen to sixteen pence. _ Heavy freight and other charges from your part of the world, are much against the article in this market." September loth, 179S, Mr. MUler writes: "The cotton grown by your son-in-law, Wm. Vousden, Esq., of the Natchez shipped here by Mr. David Boss, was sold for a great price, 2 s. 4 d., per- 150und. It was very clean and the quality excellent, almost equal to the best Georgia Sea Island. The high price was owing, in part, to the dis tracted state of the French West India Islands, from whence little cotton now comes. I think such cotton as Mr. Vousdens will always command here one shilling to 1 o. 4 d. a pound. More than that I would not advise you to give under any circumstances." "*A11 the country above the mouth of Yazoo Avas then called " the Illinois." The cotton referred to probably came from the Post of Arkansas, which had been early settled by the French. Within my own time that was the most northerly point whence cotton was sent to New Orleans. Mr. John H. Notrebe, a wealthy and enterprising Frenoli gentleman, established there a large plantation and erected a public gin, to stimulate the culture. The cotton shipped by hira classed very high in New Orleans. Many now living can remember when the rich lands in Washington county. Miss., were considered too far lurth for cotton, and Point Coupee the utmost limit to which cane could be a successful crop. fin or about 1835, the British East India Company sent an officer to Natchez to obtain the most approved machinery and seed, [and to employ a number of experts to go to India to teach them how to cultivate and handle cotton. JThe descendants of this enterprising gentleman still own and occupy the same land at Pascagoula. Territory and State. 143 Mr. Vousden was an Irish gentiemen of education and means, whose plantation, long known as "Cotton Fields," lay on both sides of St. Catherine, at the crossing from Washington to Natchez, beginning at the Dry Or Dewitt's Bayou, and covering the Pharsalia race course, and the tract now owned by Major Rawle. His mansion stood where the house of Mr. Chotard now stands. Froii"! the name given to his plantation, he must have been among the first to introduce the cultiva tion of cotton for export.* His cotton was from black seed, cleaned by rollers, and littie inferior to Sea Island. Col. Daniel Clarke, Sr., writing to Colonel Hutchins, August 21st, i79S> says : "Barclay will soon have his gin sufficientiy forward to essay how it will work. I have done a great deal to bring this brat into the world, and if it succeeds shall put in a claim for my share of the honor." Whitney obtained his patent in 1794, and in 1796 David Greenleaf, a very ingenious mechanic, was constructing gins in the vicinity of Natchez. He built the first public or toll gin, on the land of Mr. Richard Curtis, at Selsertown, conducted for many years afterwards by Edmund Andrews. In 1801, Isaac Nerson commenced the business of gin-wright on Pine Ridge, according to an entry in the ledger of Abijah Hunt & Co., merchants at Natchez. 1807. Eleazer Carver, in the same line in the town of AVa.shington, Adams county, erected the first saw mill to supply his shop with ma terials. He commenced in a primitive style, but did good work. He removed to Bridgewater, Mass, and to this day his gins maintain their reputation. He improved the invention of Whitney, materiaUy, and first indroduced the use of grates, but the improvement was, for some reason, not patented until 1838. It was the ambition of every planter to have his o.wn gin, but for the accomodation of the community generaUy, there were numerous pub lic gins. The proprietor gave the planter a receipt specifying the amount of cotton delivered, and these receipts, by usage at first, and afterwards by law, became the paper currency of the country, and were received in payment of all dues — the only paper currency we have ever had here with a substantial basis. May 23d, 1799, Sir Wm. Dunbar writes from Natchez to Mr. John Ross : "We continue to cultivate cotton with very great success. It is by far the most pro fitable crop we have ever undertaken in this country. The climate and soil suit it exactly, and lam of opinion that the fibre, already of so fine in quality, will be still better when our lands are well cleared and the soil properly triturated. The introduction of the rag-wheel gin was fortunate indeed for this district. I have reason to think that the new gin has been greatly improved here. Our latest and best make, injure the staple little more than cards."t Cotton was at first put up in long bags, as is still practiced with Sea Island cotton. The rude wooden box or press, worked by levers, was *Cotton must have been grown in Tennessee as far back as 1796. The Legisla ture of the following year authorized the making of the Great Seal of the State, on which the cotton plant appears, as one of the symbols of its industry. ¦fThese improvements were chiefly due to Mr. Greenleaf, a mechanic of great ingenuity, and to his foreman, Mr. Wm. Hazlett, well known as a gin-wright for many years afterward, as was his son the late John Hazlett, all of Adams county. 144 Mississippi, as a Province, next employed. The first screw press was made in Philadelphia for Sir Wm. Dunbar, in 1801, after a model sent by him, in 1799, to Mr. John Ross. Its cost was over $1000. On its receipt he wrote to his correspondent : "I shaU endeaver to indemnify myself for the cost hy making cotton seed oil. It will probably be of a grade between the drying and fat oils, resembling that made from linseed in color and tenacity, but less drying. Where shall a market be found for such an oU ?" This is the first suggestion of that product which has now become a great article of commerce, or indeed of utilizing cotton seed at aU. At that period it was not dreamed of as a fertilizer, nor fed, in any shape, to stock. It was usually burnt or hauled to a strong enclosure, at a remote part of the farm, to decompose, and was considered of no use whatever, and really a nuisance. Negro labor was considered very desirable in the production of tobacco, indigo and cotton. The traffic was loo'Kcd upon as not only proper but laudable. In 1799, Sir Wm. Dunbar writes to his partner in Philadelphia : "We require more slaves. A well managed gang of negroes can cultivate fifty per cent, more cotton than they will be able to pick from the fields, and the loss from the deterioration of the sta ple, by exposure after Christmas, is very great. We are now prohib ited from importing negroes, except from the United States, and their value has enhanced." In 1800 he wrote to David Ross, a well known capitalist of Rich mond, Virginia : "Negroes and particularly tradesmen are in demand here. Ordinary men are y^forth $500 cash,^^women $400 and upwards. If cotton would be accepted in payment, at one year, the figures would be larger. Cotton is now worth here sixteen to eighteen cents. The best season to arrive here with negroes, to com mand a good and ready sale, is in February or March, to be in time for the new crop, or from the latter part August to the 15th September, when we are gath ering the cotton and require extra hands. The price of negroes will fluctuate with the value to be derived from their labor. Formerly, when we had frequent communication with the West Indies, negroes sold for from $250 to $300, on one year's credit. Now the sugar plan ters below are giving from ,$800 to $1000, one year's credit, for a prime fellow known in the country. At Natchez S600_cash for a man of established charac ter is the maximum, and $500 for a fellow not known.""* "With regard to the condition of slaves here," continues Sir William, "there is no country where they .are better treated. They are supplied with winter and summer clothing of good materials, heavy blankets, and hats and shoes. This is a fine^ country for stock, and it is easy to ration our hands with plenty of pork and beef. They are often allowed to raise hogs for themselves, and every thrifty slave has his pig pen and poultry house. They have as much bread, and usually milk and vegetables, as tiiey wish, and each family is atiowed a lot of ground and the use of a team, for melons, potatoes, etc. In the cotton picking season all that they gather over the usual task of seventv-five or eighty pounds a day, they are rewarded for.t -»New Orleans, March 1st, 1786, Received of Wm. Vousden, Esq., $1612, 4 reals, for four new negro men, and one woman, lf312; bought for Col. Anthony Hutchins, of the Natchez. Mather & Strothek. In 1818, when cotton was at twentv-ei.ght to thirty cents, neeroes commanded enormous prices. In November Judge Shields writes to Poindexter : "At Coal- ters sale (in Wilkinson county) men brought from $1700 lo $2000, women and cliudren in proportion." "|"This refers to the black seed cotton which grew in a small, pointed boll, and the picker seldom exceeded one hundred pounds. Of pure Sea Island seed from ?,f*y*°?fI,<="*/P«?ii'iswas the average picking. But with the introduction of the 1 etit Gulf variety the hands usually brought in an average of one hundred Territory and State. 145 They have no night work and are provided with comfortable quarters and the unrestricted use of fuel. In lower Louisiana the life of the slave, perhaps, is not so easy. Owing to their numbers, stricter discipline is maintained, but the Spanish laws require humane treatment for them, and prescribes the holidays they are entitled to. I observe what you say of the protection afforded by the , laws of Virginia to slaves, and their meliorated condition. Legislators should he deeply versed in a knowledge of the human mind, and its various springs of action, who pretend to set rules, by law, between the authority of the governors and the duty of the governed. It matters not whether we speak of the despot and his subjects, or the master and his slaves. If you break in upon the au thority of the one you place arms in the hands of the other which, sooner or later, will be directeei against those whom they consider their oppressors. Your late anxieties in Virginia may probably be traced to injudicious legislation. Men who do not own slaves, and who have not studied their character, are not qualified to make laws for their government. Slavery can only be defended perhaps on the principle of expediency, yet where it exists, and where they so largely outnumber the whites, you must concede almost absolute power to the master. If this principle be not admitted the alternatives are, insurrection, with all its horrors, or emancipation with all its evils ! " In these words, written seventy-eight years ago, by a Mississippi planter, well remembered for his humanity, lies the whole philoso phy of slavery, as it formerly existed in this country. No form of human slavery can be justified except for crime. But if it exists, there can be no safety save in rigid discipline and absolute control. This authority was rarely abused in the South. The cruel master lost all social position, and public opinion operated more strongly than the special enactments which, in every State, provided for humane treatment of slaves. Aside from considerations of humanity, that species of property was so much capital, and the more care taken of it, the lon ger it lasted and the more it paid. The relation between the owner and the slaves, particularly when they had been inherited, was strictiy patriarchal. "Old Massa" was not a tyrant, but the head of the fam ily, of which they aU considered themselves members. "Old Missus," was the head nurse and waiting woman of the plantation, seeing to the sick and the children and distributing clothing and comforts all around. "Young Missus" spruced up the colored "gals," taught them the fashions, and "Young Master," stood between them and the overseer, got them out of many a scrape, and took the boys with him to hunt and to fish. The planter and his famUy slept, amidst a hundred slaves, in perfect tranquility, without locking a door. They might occasionally grab a fowl or a pig, but the lives and the treasures of the master and his family were sacred. Slavery was forced upon the South by the French, the English and the speculators of New England ; but it isdue to truth and justice to say that no where on this earth did it exist m a milder form, than in the Southern States. If the afflictions we have endured are to be considered as a retribution, by what dispensation have those escaped who forced the system upon us ? And have since and fifty pounds, some of them gathering as high as three and four hundred pounds. 'Women were usually the best pickers. The heaviest picking on record is thus mentioned in the Aberdeen Examiner, of December 17, 1870 : "On the 15th November, 161 hands on one of Governor Alcorn s plantations in Coahoma county, picked 53,644 pounds cotton, or an average of over 400 pounds to the hand. The Friar's Point Delta (published within a few miles of the plan tation) gives the name of each hand, and the weights respectively. Two picked each over 1100 Two over 900. Five between 600 and 800. Ten between 500 and 600. Twenty-three 400 and 500. Forty-five an average of 400. Nearly one-third of these hands were women." 146 Mississippi, as a Province, robbed us of what they sold ? If slavery was a crime— and this is not (jenied— what part of the responsibihty sh9uld they bear who intro duced it in the South, and did not hesitate to appropriate as many of its benefits as they could lay their hands on ? Their merchants made colossal fortunes by the importation and sale of slaves, and then by handling the rice, tobacco, cotton and sugar they produced. They placed their capital in all the ports of the South to deal in slave labor products, and to supply .the master with luxuries to be paid for by the sweat of the negro. Their very churches were built, their foreign mis sions were supported, by contributions from Southern slave holders. They sent down their coUege graduates, by whole classes, to be paid fat salaries, as tutors and preachers, out of slave grown crops, and to marry at the first opportunity, Southern women with gangs of negroes for their dowry. If slavery was a national curse, the North must carry the principal burden of it. They certainly are moraUy respon sible for its introduction, for the profits they made out of it, and for the subsequent spoliation. This unadjusted account stands against them in the court of conscience, and as no claim for indemnity has been brought forward by the sufferers, it should secure for us, at least, fair deahng and kindness— the fair dealing and kindness that the opu lent debtor owes to the impoverished and forbearing creditor. On the North, notwithstanding all denials, special pleading and white washing, lies the sin of having forced slave labor upon an un wiUing people. They ingrafted it in the federal constitution, thus nationalizing its character and guaranteeing its stability. They made more money out of it than the South made. And they only disco"\'- ered the sin vi'hen, to secure political supremacy for their section, it became necessary to emancipate the slaves. It had become deeply grafted into our system, political and social. It had been sanctioned and supported by the constitution, by statute and by the highest judi cial decisions. MiUions on miUions had been invested in it as property, and vast credits, at home and abroad, had been established upon it. But regardless of these solemn sanctions, and of these great commercial arrangements, they destroyed the institution by violence, and left the country paralyzed by the shock. This was done vindic tively, but has been presented to the world as a great act of humanity. Their claim to this merit would be stronger if their capitalists, who coined mUlions out of slave-grown products, would invest a portion of it for the benefit of those whom they have robbed, and those they have emancipated, and left to struggle for subsistence. Their treat ment of the one class has been oppressive and tyrannical, and with re gard to the other, has been a sham and a fraud. The moral effect has been to give to both races in the South a clearer perception of their mutual interests and relations, and they are now running in parallel grooves, with satisfactory speed, and with no danger of col lision.* Our Northern brethren have their consciences and, no doubt, *"The following correspondence between Governor Alcorn and the Hon. Am brose Henderson, will illustrate this point and deserves to be perpetuated. It does honor to the Governor, to the noble-hearted Kepresentative, and the recipient ot the Judgeship. I will only add that Col. Henderson filled the office ably and satisfactorily, and that he now holds the appointment of Collector of Customs for the Pearl River and Sea-Shore District, and is universally esteemed : To the Senate : Gentlejiex— I nominate and appoint W. G. Henderson, Judge ot the Chancery Territory and State. 147 feel, in many instances, the cruelty of their acts. But they are soothed and comforted by their political preachers who, after hounding on a bloody war, represent all its spoliations and enormities as special Prov idences, and so many passports to divine favor. The soldier may be excused for excesses, committed while under the insanity of battle. There is some plea for the politician, whose judgment is carried away by the strife of *party. But what defence can be made for the minis ters of the gospel, who see nothing in the mission of Jesus but the fire brand and the sword ? They invoke the sanction of the Christian reli gion to vindicate the work they have achieved, and the evil things they still contemplate, and purpose to accomplish. They may have learned rhetoric and logic and polemics in their theological schools, but it is clear that they never learned the real nature and scope of Christianity. It never addressed itself to the social condition of man. It distinctly dis claimed all interference with it. It attacked none of the great evils, none of the gross acts of injustice, that characterized society at that period. It was, in no sense, either in its teachings or implications, Court of the First District, composed of the counties of Jackson, Harrison, Greene and Perry. I ask the advice and consent of the Senate. In making this appointment I feel called on to submit to you the accompanying letter as that which, after my mind had been satisfied of the qualification of Col. Henderson for the position, has been the chief ground of my selection of that gentleman from several applicants equally well qualified. I cannot refrain from adding, on an occasion so touching to every man of the South, that there is an elevating sense of " the good old world when labor toiled for duty, not for meet," in this spectacle of an emancipated slave consenting to sacrifice all other favorites for office, in order to concentrate the influence of his position as a worthy member of the Legislature, to bestow honor on his late master. (Signed) J. L. ALCOP.N. Executive Office, Jlay 27, 1870. House op Kepresentatives, 1^ Jackson, Miss., March 20, 1870. J To His Excellency, Gov. J. L. Alcorn : GovEKXOR — I was a slave of Col. "W. G. Henderson. Boys together as wc were, he is the centre of the tenderest associations of my life. Arrived at man hood's estate, I was still intimately connected with him in the relation of his body servant. When he was wounded at "Upperville, Virginia, en route for Get tysburg, he languished in the Valley of Virginia, in the hands of the Federal au thorities, until it was my privilege to take him away, secretly, through the lines to his own people. The affectionate relation of our childhood having ripened into a fixed friendship in our manhood, has been invigorated still further by a mutuality of service and devotion which makes him dear to my soul. My friend and loving master is a candidate for the office of Circuit Judge of the First District. He is a man of unblemished honor ; is a lawyer of high stand ing at the bar, and having stood out for you boldly during the late canvass, is a good Republican. Now, Governor, I, by the mysterious providence of God, am a member of the Legislature. I want no office, no honor, save that of standing here in my place as a duty to my race. But I believe my position gives me some claim upon the patronage you are about to dispose, and I now place, ivithout reservation, all the credit of that claim to the account of my earnest prayer that you appoint to the Judgeship of the First District, the playmate of my boyhood, the companion of my manhood, the generous friend of my whole life— my former master, Col. W. G. Henderson. Hoping you will grant this first and last prayer whieh I, as a member of this House of Representatives, make to yon as Governor of Mississippi. I have tbe honor to be. Your Excellencv's very humble servant, (Signed,) ' ¦ AMBROSE HENDERSON. 148 Mississippi, as a Province, political and revolutionary. Christ was thoroughly conservative ; not at aU radical. He commanded the bondsman to obey his master; the subject to pay his tribute. "Render unto Caesar the things that are Cesar's." No where do we find any reference to emancipation, or " aid for bleeding Kansas." The world was not well governed at his advent, or during the entire period of his divine mission. It was an era when controversies were usually adjusted by the sword. But he preached peace. " Love thy neighbor as thyself " " Do unto others- as ye would they should do unto you." He placed charity and for giveness above all other virtues. Mahomet enjoined his foUowers to- spread his evangel with fire and sword. But Christ recommended. law and order, and obedience to the constituted authorities. We heard the demoralizing influences of slavery sounded from all the pulpits and lecture rooms at the North, in all the journals, and by men of all parties, even many of those that, for political reasons, proposed to defend us, and did defend us until the crisis when defence was needed, and then went over to the strongest side — even those men, conceding that slavery existed by the national compact, and that there was no power to interfere with it outside the States where it was established — even those men argued that it was a sin, and a curse, and the source of general demoralization. If there was general demoralization in the South, and slavery was. the cause of it, neither of which propositions are admitted, what caused, and stUl causes, demoralization at the North where slavery was not recognized ? That society there is, and long has been, more or less corrupt and demoralized, we have only to refer to the columns of the daily papers. of New York, Boston and Philadelphia — to their numerous trials for seduction, adultery and divorce in the highest grades of society, in volving the most distinguished of the clergy and the richest of tiie laity— and to the platforms of their political conventions. The Re publican organizations formally charge their adversaries with a want of morals, of good faith and common honesty, derived from their old pro-slavery associations. What the Democracy think of the Republi cans may be seen in the following summary of the platform of the last State Convention of New York : The Committee on Eesolutions reported a series of resolutions which claim that the will of the people at the last presidential election was wickedly and foully nullified by means of the grossest frauds on the part of the returning- boards, supported, if not instigated, by the party in possession of the govern- inent, and condemns the stupendous wrong and "holds it up to universal execra tion. Thanks the late Ilouse of Eepresentatives for refusing to appropriate more money for the support of soldiers to be used iu oppressing citizens of the South. Declares that the present Administration's withdrawal of troops from the South and its cessation of interference with the internal affairs of the Southern States has reversed the vicious precedents of the Bepublican party. Oppose all subsidies ; arraigns the Republican party for neglecting to re- .apportion the State ; pledges their nominees to reform, and as proof of their devotion to this work they point to the fruits of the illustrious administration of Governors Tilden and Eobinson. Declares that the civil service of the State has been purified, and economy and prudence introduced into every department, and calls attention to the fact that offenders against the law, defaulters in public funds, embezzling court treasurers, profligate boards of trustees, swindling contractors, and those who Territory and State. 149 have debauched the legislative assembly and pointed justice, have been relent lessly prosecuted. Foreign creditors, it is said, have suffered by the faUure of debtors in the Southern States, to meet ante bellum engagements. The election •of _ President Lincoln and his adherents divested the South of its abUity to pay, by measures accomplished in violation of the constitu tional covenants, and it may be assumed that moraUy, and probably legaUy, they are responsible for the indebtedness. Add to this the pillage and exactions of the government forced upon the South, by the national authority, during the process of what was styled " Re- ¦construction," and the account foots up mUlions on mUlions, that should be carried to the credit of the South. The Union army was one of the bravest that the world has ever seen, and niany of its noblest officers and men, fighting for their flag under the highest sentiment of duty, nevertheless felt keenly every blovy they inflicted upon us. Many of their statesmen, whUe sanc tioning coercion for the preservation of the Union, gave us their sym pathy and regret, and since the surrender have given us their aid and support. But the great body of that highly educated and influential class,_ who profess to teach the gospel, led the van in the assault on our institutions ; fomented sectional jealousies ; identified slavery with national conscience, and were the first and the last to urge against us, their brethren, the avenging angel and the flaming sword ! Hav ing accomphshed aU they could to ruin the South, and bestowed upon us, in our desolation, not a tithe of the aid and sympathy we receive from the brave men who fought us, instead of recommending recon- ¦cihation, they are constantly throwing fuel on the sectional fires. They have converted their pulpits into rostrums, where parties, pohtics and even finance, are discussed; deliberate misrepresentation, fierce invective and menace substituted for the charity of the gospel, -and the wildest rationalism for the old scriptural landmarks. We, of the South, have long since forgiven our brethren of the North, and desire to cherish for them the old brotherly good will. Standing amidst our household wrecks — ever mourning our dead — impoverished ^nd feeble — we find consolation and support in our ancient faith, and in a Christian ministry who teach, as they have ever taught, a religion of peace, resignation, forgiveness and love. This is our consolation. The wild wave of scepticism and so-called philosophy, sweeping over the North, filling the old channels with treacherous sands, is the natural sequel of a great fanaticism — the avenging Nemesis for unjust ¦aggression !* "'-"Extract of a letter from Governor Claiborne to George Poindexter, dated New Orleans, March 11th, 1804 : "An adventurer, by the name of Tupper, styling himself General, has recently ¦endeavored to inflame the public mind here, and to procure an assembly of the people, to remonstrate with Congress against the prohibition of the slave trade with foreign parts and to induce tliem to depute him as their agent to Congress. He will not succeed. Strange to say, this agitator is from Boston, but has been residing latterly in France, liand in glove, he says, with the Jacobins. You may, therefore, have an idea of this French-Yankee." OHAPTEE XTIII. \lRO, ex-commandant of the Natchez, now (1785) Gov ernor-General of Louisiana, had become very popular with the Americans by the mUdness of his administra tion. The immigrants to the Cumberland in Tennessee, consisting entirely of Protestants and chiefly of men who had fought with Sevier, and Shelby, and CampbeU and WiUiams, at King's Mountain, gave to their beautiful district the name of the Spanish Governor, a compliment that goes far to discredh the prevaUing impression of Spanish intolerance and oppression. Yet it is true that the progress of the American States, after the peace of 1783, occasioned the jealousy of both France and Spain, and both manifestiy regretted the aid, direct and inciden tal, they had been induced to render us during the struggle, from their desire to humUiate Great Britain. France soon ascertained that though grateful for her assistance it would not be in her power to use the United States as a dependency, and make us a party to her system of commerce and her quarrels. And Spain dreaded the moral influence of the new repubUc on Louisiana and Mexico, then under her flag. The Count de Vergennes, who had advised the aUiance between France and the Colonies, became alarmed at the result ; and his successor wrote to the French envoy in the United States : "It is not advisable for France.to give America all the stability of w^hich she is susceptible. She will thus acquire a degree of power which she will be too well disposed to abuse." Strange and insidious words to follow the alliance of 1778! But from the date of that dispatch the policy of France, under all the changes that ensued, from the downfall of the Bourbons to the unex pected compulsory cession of Louisiana, was hostile to the United States. Her whole course towards us during her revolution, under the Directory and Consulship, Avas selfish, unjust, arrogant and domineering, and but for our weakness and want of resources after the exhaustion of the protracted war for independence, would have compelled us to appeal to arms. They sent us a minister. Genet, who came secretiy commissioned to agitate, to enlist troops, to equip priva teers, and to commit and subsidize our people in the interests of France, with or without the approval of our government. He landed at Char leston, and before he presented his credentials, proceeded to exercise these extraordinary powers. He commissioned armed cruisers, estab- Territory and Sta'te. 151 hshed a court of admiralty to adjudicate prizes, took steps to organize an armyfprthe invasion of Louisiana, and commissioned numerous offi cers for the same. His conduct was so unprecedented and insulting that President Washington, however reluctant to quarrel with our recent ally, felt compelled to demand his recall. About the same time France having proclaimed "war against Great Britain and Holland, the President, to counteract the influence at work to compromise this country in the interests of France, issued his celebrated proclamation of neutrality — next to his resignation of command, the most memor able and important act of his iUustrious career, and Avhich must be regarded as our second declaration of independence. The French government found it convenient to disclaim the assumptions of their envoy, and sent as his successor M. Fauchet, who pai'l more respect to diplomatic usages. But his government bitterly resented, and never forgave, the statesmanship of "\Vashington. For years i!iey seized our merchant vessels, confiscated their cargoes, insulted our envoys and derided our claims, threatening us all the time with their military power, complacently calculating, in the event of war, on a French party in the United States.* Washington had been violently assailed bythe democrats of that day for his judicious course at that critical period, and but for -which we would have drifted not only into a foreign war, but most probably into an intestine struggle, such as was then con vulsing the French. The stern old patriot, John Adams, lost his pop ularity and his re-election, by adhering to the pohcy of his predecessor. Even Jefferson, conspicuous for his Anglophobia and attachment for France, found himself, during his administration, more than once on the threshhold of proposing an alhance with Great Britain, such was the Ul-treatment we received from the consular government. Genet's plan was to enlist an army in the Carolinas and Georgia, Kentucky and Tennessee, and seize Louisiana, (which then included Missouri and the posts on the Ilhnois, Florida and the Natchez district.) Until the proclamation of neutrality appeared, he was supposed to have the sanction of our government, and there was no difficulty in procuring volunteers. He organized his forces in South Carolina and Georgia, and had the audacity publicly to chaUenge the authority and even the integrity of Washington. UntU he made this issue very dis tinctiy, the war-like people of the South and West had never compre hended the case, and gave their sympathies to the French. Not posted as to the insulting conduct of that government, remembering it only as an ally, regarding it now as a sister republic in arms against a confed eration of kings, they were ready to march under her banner against the Spaniards. They had long been vexed and irritated by the obstruc tions to the free navigation of the Mississippi, and the exactions of the authorities in New Orleans. And they were ready, nay anxious, to engage in a conflict for free trade, not suspecting for one moment the real design of Genet, which was to alienate the West from the Union and convert it and Louisiana into a French colony— a project cherished by France almost from the moment she transferred Louisiana to Spain down to its compulsory cession by Napoleon. The disposition in the West was «Our large and iust claim for spoliations, though it could not bo denied, never was settled until President Jackson notified Louis Phillippe that unless it was paid or satisfactorily adjusted by a given day, he would take its value wherever he could find it. 152 Mississippi, as a Province, strongly in favor of the seizure of New Orleans. When the President officially notified the governor of Kentucky of this unlawful move ment, and that four French emissaries were then in his State recruiting for the expedition, that functionary replied tiiat he had "neither the power nor inclination to prevent the people from asserting rights neces sary to their existence. And as to those who had planned the expedi tion he doubted whether there was any legal authority tb restirain or punish them, at least before they have actuaUy accomplished it." A transparent expression of sympathy with the enterprise, or of the de plorable weakness of an organized government ! The firmness of the national authorities quashed both Genet and his expedition. * "'•¦"The following curious paper, the original record of a proceeding before Peter Bryan Bruin, then a Spanish Alcalde or magistrate, (afterwards territorial Judge) sheds some light on Genet's expedition, and on judicial proceedings under the Spanish regime : "Jack, alias Smart, a negro slave now in the possession of Robert Ashley, ue- clareth that he was the property of James Moore, Esq., of Georgia ; that he was hired out two or three years since by the said Moore to one Wm. Ross ; that he was ill-used by said Ross and ran away, and accidentally met with Robert Ashley at Governor Rutledge's mills in South Carolina. That said Ashley persuaded him to enter his service ; that he should never want for victuals and clothes, and that he would give him a horse. That he consented and came off with said Ashley to Cumberland, (now Nashville.) From Cumberland to Kentucky, and thence to the Natchez. Said Ashley changed his name from Jack to Smart. He does not know that Ashley ever saw his niasler Moore, since he came off with him, though he has told him he had purchased him since that time. This declaration was taken at Wm. Brocas' this 24th January, 17P5, at the Bayou Pierre, by order of Governor Gayoso, before Peter Bryan Bruin. Questions proposed to Robert Ashley, a prisoner taken up on the 23d inst., by order of his Excellency the Governor, and his answers thereto : 1. Did you not receive an appointment from General Clarke authorizing you to raise men, and to command them when raised, with the rank of captain, at the time he declared his intentions were to invade this province, under French authority? And did yon not actually recruit a niiinber of men, under tliat authority ? jIh.sm'cc, by the prisoner : Such an aijpointment was proposed to nic, but 1 de clined it. 2. Did you not, on your passage down the Ohio, show to a certain Peter Tarde- veau, who was a passenger with you, your commission or appointment which you had received from General Clarke, comprehending the nature and extent of your powers, as well as the pay aad consideration you were to receive? And did not the said Tardevcau recommend you to elestroy said instrument, as it might prove injurious should it be found on you in a Spanish province, and did you not there fore destroyit immediately? Answer: I did show saiil Tardeveau the coniniission which had beenofl'ered me by Gen. Elisha Clarke, of Georgia, and which till then had remained in my pos- ses.sion, though I had never acted under it, and in my answer to General Clark declared I never would. ?>. Did you not tell Mr. Tardeveau that you had recruited upward.? of thirty men by virtue of that commission ? An.'uver : I did not. 4. In what service, and for what occasion was the regimental coat, which has been found in yonr posses.sion, made and designed? Anmrrr : General Clark is my uncle by marria.ue, and he insisted (much against my inclinations) that I should wear a re'^iniental coat which he had made for me, at the same time he offered nie money to raise men and told me I was entitled, at any rate, to the privilege of wearing a uniform eoat, having been once an officer in the Georgia militia. On this priiiciple I received the coat, but refused to take any money for the purpose ot raising men or having any agency in the enter- jn-ise. 5. In what capacity and in what rank was vour uncle. General Clark, to have acted in the invasion, meditated a,i,'ainst the Spanish provincesin North America? Answer: With the rank of Major-tleneral in the French army, being second only to Wm. Tait, Esq., of South Carolina, who was to have received the appoint- Territory and State. 153 This was an era of anxieties both for Louisiana and the United States. Our government was content to suffer Louisiana to remain in the feeble hands of Spain, for the time being, knowing that when the pear was ripe it would fall into our lap. But we could not regard with complacency its conquest by either France or Great Britain. The firmness of Washington averted the evils of a French occupation, as planned by Genet, but this was followed by an intrigue which would probably have placed Louisiana under the British flag, and her maritime superiority over all the nations of the earth would have enabled liet to hold it, while her capital and enterprise would have developed its vast commercial and industrial resources. This predominance on the ocean she had long maintained, and it had enabled her to bully Europe whenever she was in the humor for bullying, and to seize with impu nity, in any quarter of the globe, whatever territory she desired to appropriate. Since the Norman conquest she had flaunted her fiag on the Channel islands, almost in gun-shot of France, and defied Napo leon, at the height of his imperial power. Those beautiful islands peopled with Frenchmen, and preserving their language and habits, hang like jewels on the embroidered robe of France, naturaUy a part of her regalia, and yet for centuries she has not dared to touch them, fortressed, as they are, and have been, by the "wooden walls" of Britania, "whose march is on the mountain wave, whose home is on the deep." Had the lion put his claws on Louisiana at that juncture he would have held it, in all probability, at this moment. William Blount, of a distinguished North Carolina family, an early immigrant to Tennessee, where he became Governor, and Senator in ment of commander-in-chief and governor-general of East and West Florida, as soon as their conquest was effected. 6. In what manner, at what time, and by whatmeans, did you become possessed of the slave you have with yon now? An^swer : About three years 'since I purchased hira of one Ethelred Clary, as factor and agent for James Moore. Moore not being satisfied or willing to confirm the sale, I gave him (Moore) a horse, and thereby obtained his consent. 7. Have you a bill of sale or authentic record of this transaction? Answer: I have a bill of sale signed by the party and witnessed, but not record ed, it being in Georgia sufficiently valid without being recorded, at least during the lifetime of the parties. 8. Was Peter Tardeveau (who was a passenger with you as far as the Red Banks ) in any manner concerned with General Clark of Kentucky (George Rogers Clark) in the designs and preparations he was organizing against this government, either by receiving a commission, or by any other means, to your knowledge ? Answer : He was employed and received pay as an interpreter to the French Agent, who was sent by Genet to Kentucky, to encourage and forward their busi ness. He appeared to be very sanguine, and did say, as I was told, that he had put his hand to the plough, and was determined to plough the ground. 9. Did you know the nature and tendency of Tardeveau's views in visiting the province at this time? Answer : I did not. lie told me he would proceed to New Orleans and thence to Philadelphia. 10. Were you not pursued by a party as far as Diamond Island, on the Ohio, with the design of seizing your person, on account of the negroes you had in your possession? Answer: I did understand, when I lay at Diamond Island, that a party was com ing down from the Red Banks to take lue, but on what account 1 know not. But being conscious of not having trangressed the laws of any country, I should not have removed iu the manner I did, if I had not been well informed that they were a lawless, blood-thirsty set, who were in pursuit of me. Robert Ashley. Before me at Bayou Pierre, January 24th, 17'J5. Peter Bryan Brrin. 154 Mississippi, as a 'Province, Congress, entertaining a strong aversion for the Spaniards — bitterly re senting the restrictions they put on trade — and wearied with the tem porizing policy of our government — conceived the scheme of conquer ing Louisiana by a Brirish army from Canada, to be supported by volunteers and Indians from the West, and by a British fleet. Gov. Blount had long been Superintendent of Indian Affairs — an important position, whose duties he had ably discharged. In restraining Indian hostUities that so often steeped the frontier settlements in blood, he ascertained the agency of the Spanish authorities, and, in common with all the inhabitants of Tennessee, desired to drive thera from the province by force of arras. His correspondence, on file in the War Department, shows how often he reported the Louisiana authorities as the instigators of Indian raids and massacre, and how earnestly he urged the policy and necessity of retaliation. Why the United States wisely abstained from decided measures is well known and properly appreciated now ; but at that period, in the West particularly, its policy was universally condemned as cowardly and weak, ruinous to the new settlements, and deliberately designed to cripple their development, of which the older States were jealous. The feeling of disaffection was rapidly spreading, and the majority of the people in the new settlements — men who, for the most part, had been bred up on the frontiers, littie acquainted with the la"\vs, but ac customed to the forays and rencontres of the border, and knowing no arbitrator better than the rifle, were willing and anxious to follow any bold leader to redress their wrongs, actual and supposed. In this condition of affairs. Governor Blount, then a Senator of the United States, is said to have submitted a proposition to Mr. Liston, the British envoy at Washington, who, in turn, referred him to the cabinet in London. According to Marbois, and other authorities, his project was approved, and a movement of the British forces in Canada actually commenced, when a dispatch from Blount to the Prime Min ister in London was intercepted and laid before President Adams, who immediately communicated it to the Senate. Mr. Liston dis claimed all knowledge of the matter, and our government considered it politic to accept the disclaimer as satisfactory. Mr. Blount being a Senator, and, as such, holding a confidential and advisory relation to the governraent, was expeUed from that body. They after\vards sent (1798,) their sergeant-at-arms to Knoxville, to arrest and bring the ac cused to Philadelphia, to be impeached for treason. Blount declined to go, on the ground that he was no longer a Senator. The sergeant sumraoned a posse, but not a man could be found to assist, and the United States Marshal of the district was equaUy helpless. The officers wece treated with great kindness and hospitality, but they were powerless in a coramunity where the accused was . so much be loved, and the steps he had taken had no other object, in their opimon, but to strike off the shackles the Spaniards had imposed on their lawful commerce. So far from condemning hira, they conferred on him new honors. Gen. James White, Senator froi"n the KnoxviUe district, resigned his seat specially to make a vacancy. Blount was elected by acclamation, and when the Legislature convened, December 3d, 1797, he was unanimously called to preside over the Senate. The Senate of the United States, not content with his expulsion, proceeded, December 18th, 1798, to impeach him on the charge of Territory and State. 155 "conspiring to set on foot a mUitary expedition against the Spanish provinces of Louisiana and Florida, and of conquering the same for the king of Great Britain." The accused did not appear, but his counsel, DaUas and IngersoU, objected to the jurisdiction of the court, as the accused was not then a Senator, and because by the constitu tion it is provided, ' ' that, in all criminal prosecutions, the accused shall have a speedy and public trial by an impartial jury of the State or district wherein the crime shall have been committed." After several rephcations and rejoinders, upon a direct resolution that the plea of accused should be overruled, the vote stood, ayes ii, nays 14. And on the 14th January, the impeachment was withdrawn. To the last hour of his life, Mr. Blount enjoyed the universal confi dence and esteem of the patriotic people of Tennessee, who named a county after him — named one after his wife — and conferred their highest honors on his excellent brother — the war governor of Ten nessee — the chief backer and supporter of Andrew Jackson in his memorable campaigns. But for his senatorial position, which made his action indiscreet, Blount was no more guilty than Isaac Shelby, of Kentucky, Gen. George Rogers Clarke, Gen. Elijah Clarke, of Georgia, and many sterling patriots of that day, who were implicated in the movements of Genet. No more guilty than Reuben Kemper, John A. Quitman and John Henderson, of Mississippi, in more recent times. They had fought many desperate battles for their country — would die in its defense, but were willing to follow any flag against the Spaniards and the Indians. The Spanish authorities had been greatiy annoyed in 1785, by an act of the Georgia Legislature, establishing the county of Bourbon, whose boundaries were defined as follows : Beginning at the mouth of the river Yazous where it empties into the Mis sissippi river, thence by a line to be drawn along the middle of the said river until it shall intersect the northernmost part of the 31° of north latitude ; south hy a line to be drawn due east from the determination of the line last men tioned in the latitude of 31° north of the equator as far as the lands reach which, iu that district, have, at any time, been relinquished by the Indians; thence along the line of said relinquishment to the said river Yazous ; thence down said river to the beginning ; and the said county shall comprehend and include all the lands and waters within the said description. The act provided for opening a land office, and disposing of the lands at not exceeding twenty-five cents per acre. Fourteen of the most influential inhabitants of the Natchez district were appointed justices of the peace, and Abner Green, Register of Probates for said county. The Governor of Georgia was authorized to administer the oaths of allegiance and office to such of the pefsons named as could personally attend him in council. And to commission those who should personally qualify, or any two of them, to qualify those who had not been able to attend. * All the appointees were representative men — men of property — many of them well educated — immigrants from Virginia, South Car ohna and Georgia. The list embraces gentlemen who fought under •'¦"For the Bourbon Act and the appointments under it, and other favors, I am indebted to Col. Charles C. Jones, Jr., a distinguished lawyer and litterateur, of Augusta, Georgia. 156 Mississippi, as a Province, the Continental flag during the war just closed, and likewise of pro nounced loyalists who would not serve against the king, but had sought new homes in these remote districts rather than take up arms against their countrymen. The Governor of Georgia, a tried patriot, made no distinction on this account, in conferring these appointments, simply choosing the most influential and best qualified men he could find, without considering political antecedents. This array of names clearly indicates the social status of the Natchez district ninety years ago. In no county of any State of this Union, can be found at^ this day a magistracy more competent, more dignified, and more richly endowed "with personal and moral virtues. In 1789 the Legislature of Georgia, to farther assert her claim and to induce emigration, sold 5,000,000 acres to the "South Carolina Yazoo Company," embracing what are now the central counties of Mis sissippi, for $65,000. To the "Virginia Yazoo Company," 7,000,000, erabracing the northern counties, for $93,000. To the "Tennessee Company," 3,500,000, erabracing the present northern counties of Alabaraa, for $46,000." Spain claimed to own most of this territory, under her treaties with France and Great Britain, and a diplomatic tournament had been pending between her and the United States, conducted "with all the formalities of "circumlocution and red tape," while the Creeks, Cher okees, Choctaws and Chickasaws looked on, interested but powerless spectators of this tri-partite controversy over their domain. Zachariah Coxe, a determined man, in behalf of the Tennessee Company, planted an armed colony, and opened a land office on the Tennessee river, near the Muscle Shoals, but found himself between two fires — the United States authorities and the Indians. The Presi dent issued a proclamation forbidding the settlement. Little attention was paid to this, but shortly afterwards Glass, a Cherokee chief, with sixty warriors appeared, and under his threats the settiement was aban doned and the buildings burnt. Coxe and his associates were pre sented at the next term of the court in the KnoxviUe district but the grand jury refused to find a bill. In 1797, under the second purchase from Georgia, the indomitable Coxe built a large boat at Chucky to carry his colony to the Muscle Shoals, but was prevented by Col. Thomas Butler, commanding United States forces at South West Point, Tennessee river. Governor Sevier of Tennessee wrote to Coxe to know what were his intentions, and his letter and Coxe's reply were communicated to the Legislature and referred to a select committee, who reported "that from the papers before them it appears that no expedition of a hostile nature or plan inimical to the government is contemplated."* *We hear of this bold operator as late as ITtXI, still pursued by United States officials : Concord House, near Natchez, August 13, 1798. To Captain Commandant Guion: Sir— I have to request that you cause Zachariah Coxe, .said to be in the town of Natchez, to be immediately apprehended, and held in close custody in the fort under your command until you may receive further instructions in the case from me, or until he shall be liberated by the supreme authority of the United States, for all which this shall be your sufficient warrant. Given under my hand and seal on the date above mentioned. AVinthrop Sargent, Governor. P. S. — Mr. Coxe may receive provision from the public stores through an officer Territory and State. 157 The South Carolina Company appointed Dr. James O'Fallon their agent with plenary powers. He went to Kentucky, and began to recruit with the view of taking forcible posesssion of the Natchez, but was suppressed by General St. Clair, under an order from the Secre tary of War.* The Spanish authorities, alarmed and harrassed by these demonstra tions, determined on a counter-movement, or as they say in the prairies, to "fight fire with fire." 1792. Carondelet, a man of talents and energy, was now Governor of Louisiana. He strengthened the fortifications of New Orleans, re inforced his posts at Pensacola and MobUe, and as far up the Missis sippi as New Madrid, whUe his government resisted the demand of the United States for the Natchez district, on the plausible plea, that it had been first conquered by Galvez, and then ceded to Spain by Great Britain . Carondelet likewise insisted that, in view of threatened irruptions from the United States, or from Canada, the possession of the district, and the forts at Natchez and Nogales, (Walnut HiUs, now Vicksburg) were indispensible defences of Louisiana. He was aware that Lord Dor chester, the British Governor of Canada, had recently sent an emissary (Connoly) to Kentucky, with two propositions: i. That they should declare themselves independent, under the protection of Great Britain. 2. That the post and city of New Orleans should be acquired for Kentucky, by' purchase or by force. Apprized of all these movements, and that in the West there was general discontent with the federal government, he comraissioned one Thomas Powers, an adventurer, to visit Tennessee and Kentucky in the character of a commercial traveler, to encourage these discontents, to establish a Spanish party by pensioning influential men, and to hold out to the public an open market at New Orleans and the free naviga tion of the river. Powers had education, talent, audacity and tact, and was whoUy unscrupulous. The history of his intrigues has been so often written, it is not deemed necessary here to repeat the detaUs. He succeeded in finding in Kentucky a "ring" of prorainentmen who were willing to accept, and did accept, Spanish money. But all efforts to shake the fidelity of the people proved abortive. The last we hear of Powers is in 181 1, when he presented hiraself before the court martial at Frederick, Maryland, convened for the trial of Gen. James WUkinson of the United States army. He was evident ly a swift witness, drummed and driUed by the notorious Daniel Clarke, but before the veteran soldier got through with him he was gibbetted as an object of pubUc scorn, branded with perjury and treachery ; and his employer fared no better. The proofs of duphcity, of mercenary motives, of perpetual intrigue, of treachery to their friends and em- in whom you can confide. He must have no communication with any one but a commissioned officer." The oft'ense of Coxe, for which this arbitrary proceeding was adopted, was open ing that land office under the authority of the State of Georgia. Mr. Coxe was arrested under the above warrant but escaped, and soon after died in New Orleans, absolutely hounded to death. '^General Wilkinson, in a letter to Philip Nolan, dated Frankfort, Ky., Febru ary 14, 1791, says : "O'Fallon is here making wonderful exertions ; has engaged General Clark to command his troops, and has made extensive contracts for pro visions, negroes, horses, etc. The company offered me 20,000 acres as a compli ment, but I finally rejected it.— Minor Papers. 158 Mississippi, as a Province, ployers, of their offers to be hired as secret agents, and to serve the Spanish, French, British and American government in turns, or at the same time, were arrayed against them with overwhelming force,, by the man "\vhom they had conspired to crush. 1795. Anew agitation now commenced. The companies that had pur chased so extensively from Georgia, seeing the opposition made by the United States, the Indians and the Spanish authorities,faUed to meet their payments, and the Legislature rescinded the agreement. Georgia felt irritated and annoyed by the incessant interference with her titie, and the obstacles interposed to the settiement of her lands. And to accom pUsh this object and to demonstrate her confidence in her chartered rights, on the 7 th February, she passed an act, by which for the sum of $5,000,000, she disposed of twenty-one mUlion, five hundred thousand acres, to four companies, chiefly composed of her own citizens. Anticipating, in some measure, the opposition this procedure would meet with, in the preamble of the Act, there was a resume or recapit ulation of the rights of Georgia : "That by the articles of Confederation each State was to retain its own terri tory. That by the treaty of 17So, commonly called the treaty of Paris, the boundaries of Georgia, and of the other States were confirmed. That they were consistent with all the former legislation of Georgia, and "with the action of the convention between Georgia and South Carolina in 1787. That the State had the right of redemption and full territorial rights. That the treaty made between the President and McGillivray, was in contravention of the rights of Georgia and that the guarantees made by the President to the Indians were without authority and invalid; and that Georgia had the fee simple in and to all her lands, and would dispose of them, to individuals or companies, at her own pleasure." Every word in this preamble is true. The first compan}^, consisting of James Gunn, Matthew McAllister, George Walker and others, was ' styled the Georgia Company; and for $250,000, one-fifth cash, the remainder in nine months, in specie. United States bank notes or mil itary warrants issued by the State in 1791, they bought the entire country now covered by Kemper, Neshoba, Leake, Madison, Yazoo and Issaquena, Washington, Holmes, Attala, Winston, Noxubee, Lowndes, Oktibbeha, Choctaw, Carroll, Sunflower, Bolivar, Talla hatchie, Yalobusha, Chickasaw and Monroe counties, in Mississippi. And Clarke, Marengo, Green, Perry, Autauga, Bibb, Shelby, Tusca loosa, Pickens, Fayette, Jefferson, St. Clair, and portions of Blount, Walker, Marion, Wilcox, Monroe, DaUas, Sumpter and Baldwin, in Alabama. Nicholas Long, Thomas Cumming, A. Gordon, Thomas Glasscock and others, for $155,000 bought all the territory now included in Greene, Perry, Marion, Pike, Amite, Wilkinson, Adams, Frankhn, Jefferson, Copiah, Simpson, Smith, Jasper, Clarke, Lauderdale, Newton, Scott, Rankin, Hinds, Warren and Claiborne, in Mis sissippi. And in Washington, Sumpter and part of Greene, in Ala baraa. Wade Hampton, John B. Scotland John C. Nightingale bought, for $35,000, the counties now erabracing DeSoto, Marshall, Tippah Tishomingo and part of Tunica. Zachariah Coxe, Mathias Maher and others,for $60,000 boughtwhat is now North Alabama, comprising the counties of Lauderdale, Lime- Territory and State. 159 stone, Madison, Jackson, DeKalb, Cherokee, Marshall, Morgan, Lawrence, Franklin, and parts of Marion, Walker and Blount ! The bill created great excitement and recrimination while it was pending, and immediately after its approval by the Governor, all other party issues were merged, and the clamor against it, headed by Gen. James Jackson, shook the State from the sea-board to the moun tains, and from the mountains to the Mississippi. Notwithstanding this clamor, the companies paid up the purchase money on the day agreed upon, and considered their title invulnerable. When the new Legislature assembled the following year, the obnox ious act was repealed, and to mark the popular indignation, the original biU was burned on the public square with fire drawn from the skies. This is what is generally known as the Yazoo Fraud. If it originated "vvith the Georgia people, the people of Georgia themselves applied the corrective. President Washington, likewise deemed it his duty to call the atten tion of Congress to the transaction, as one that "might deeply affect the peace and welfare of the United States," and that body directed the Attorney-General to investigate the title of Georgia. All these proceedings directly affected the Spanish authorities of Louisiana. The State of Georgia had sold the very ground occupied by her garrisons on the Mississippi. The companies who bought would bring in thousands of colonists, with arms in their hands. The President had brought the matter before Congress, and plainly manifested a disposition to occupy the country. An agent of Georgia, General Matthews, protected by the usages of diplomacy, had arrived at Natchez, to re-assert the claim of that State. Badgered and worried at every point, Spain, proverbially dUatory, obstinate and punctilious, at length gave way,' and on the 27th October, 1795, a treaty was signed at Madrid, by which it was agreed that the Southern boundary of the United States should be the line of 31° north latitude from the Mississippi to the Chattahouchee ; thence down the middle of that river, to its junction with Flint; thence to the head of St. Mary's river ; thence down that river to the Atiantic. That aU Spanish posts north of this line should be removed within six months, and American posts and inhabitants living south of it should be removed within the same period. That the navigation of the Mississippi, through its whole length, should be free for the commerce of both nations; that both would co-operate to cultivate peace with the Indians ; and that before six months joint commissioners should run out the line of boundary, under the protection of the two powers. OHAPTEE XIX. N 1 791, Andrew EUicott, a Pennsylvania quaker, who had some reputation as a mathematician and astrono mer, had been sent by the President to run the hne between the State of Georgia and the Creek Indians. He was accompanied by James Seagrove, a foreigner, Z^^i^^j who, by some strange influence, had been appointed Su- ^^'>o- perintendent of Indian Affairs on that frontier — a position of ^~' great delicacy at that juncture, demanding circumspection, %^ forbearance and vigilance, and a thorough knowledge of the ' Southern people and of the characteristics of the savages. Sea- grove was of an irritable and suspicious temperament, and though well educated, was profoundly ignorant of all that he ought to have known of his peculiar duties. He resided at Rock Landing, on the Georgia side of the Oconee, several years "without venturing into the nation, and occupied himself in fomenting misunderstandings between Georgians and the Indians, and misrepresenting the State authorities to his employers. The Creeks would not allow Ellicott to run the line, but he remained with Seagrove, a willing and mischievous co adjutor. He had brought with him, from his prim and semi-saintly home in Pennsylvania, the bitterest hatred of the Southern slave holder, studiously disguised under a sedate exterior, but, like the treacherous moccasin, ever ready to strike. 1795. Ellicott was ordered to Natchez to run the line on the 31" north latitude, as agreed on in the recent treaty between the United States and Spain — a specific service strictly defined ; but it wiU be seen that he came in a state of morbid mentaj exaltation, with extra ordinary ideas of his powers, and with the ambition to be the first governor of the new territory, to exercise its patronage, and dictate laws for its inhabitants. And that, in pursuing these ends, he usurped authority, instigated dissensions, encouraged insurrection against the existing authorities directiy contrary to his instructions and the cher ished policy of the United States, and adopted a line of conduct dishonest and criminal. _ At Pittsburg, he hired some twenty-five woodsmen, and was fur nished by the military authorities with three boats and a smaU escort under Lieut. McCleary. At Marietta, he called on Gen. Rufus Putnam, one of the founders of that new settiement, who had just been appointed Surveyor-General of the north-western territory. EUicott sent him a treatise he had recentiy published on surveying, Territory and State. i6i "but, though he waited twenty-four hours, the general, disgusted -(vith his pedantry and presumption, neither returned his call nor acknowl edged his pamphlet. He was treated by the Spanish commandants at New Madrid, Chickasaw Bluff and Walnut Hills, with marked politeness and hospi tality. He landed at Bayou Pierre, at the residence of Col. Bruin, who was then holding the office of alcalde or magistrate under the .Spanish authorities.* Here EUicott commenced his intrigues, and without reason, resorted to a trick which showed him to be unfit for the society of gentlemen. Representing himself as invested by the government with extensive and- confidential powers, and that he was likely to encounter opposition, he induced Col. Bruin to proceed before him to Natchez, secretly, to make observations and inquiries to be communicated to him on his arrival, and with the understanding that they were to meet as strangers. When they did meet, a few days afterwards, in the parlor of Governor Gayoso, they were introduced to each other ! And this Mr. Ellicott duly records as a master-piece ¦of diplomacy ! There was no occasion whatever for such contempt ible masquerading. He had not been invested with diplomatic, exec utive or discretionary powers. He was not commissioned to enquire into the temper of the inhabitants, or to interfere with their relations with the existing or in-coming governments, orto transact any business "whatever, except, in conjunction with the Spanish comraissioners, to determine and define the boundary as prescribed by the recent treaty. And he was strictly enjoined — as the government enjoined all its officers, civil and military — to do no act offensive to the Spanish au thorities. The United States thoroughly understood Spain and her functionaries. This injunction, constantly reiterated in the dispatches *The father of Col. Bruin was an Irish gentleman of fortune and distinction who became implicated in the rebellion of 1756, and paid the usual penalty of ¦confiscation and exile. The name probably originally was O'Brien. He brought with him his only son, Peter Brian O'Bruin, who, upon the breaking ont of hos tilities between the Colonies and Great Britain, entered the army as a lieutenant in Morgan's company of riflemen. He was present at Montgomery's assault on a Territory and State. i8i of such a detachment, or as soon thereafter as the Spanish Minister and the American government shall agree as to how the posts are to he delivered. In the meantime I have to request your excellency to suspend the advance of your troops, whose presence might possibly disturb the tranquility of the province, and the good understanding that now prevails." Before this letter was received General Wilkinson had dispatched Capt. Isaac Guion of the Third Regiment, with a strong detachment of infantry and artillery. They set out from Fort Washington (Cin cinnati), and stopped at Massac, the most advanced post of the United States, to take in some artUlery. On arriving at New Madrid the Spanish commandant objected to his further progress, but after some negotiation consented to his proceeding as far as the lower Chickasaw bluff, on his pledge to go no farther untU the matter should be deter mined by their superiors. This was the best arrangement the Ameri can Captain could make under the rigid instructions that fettered hira. It was an important point gained to get among the Chickasaws, dis tribute the presents and conciliate their good will.* He arrived there ¦on the 2oth of July, 1797. Captain Bellechasse, commandant of the post, had abandoned and destroyed the works, and taken position at the post of Hopefield or Esperanza, on the western bank of the river, t -'¦¦"To give some notion of the presents acceptable to the Indians, at that day, I quote from the invoice : 20 pairs silver armlets, 20 pairs silver wrist-bands, 10 dozen silver ear-bobs, 16 dozen silver broaches or breast-pins, 4 dozen silver hair pins, 620 pieces white wampum, 10 pieces linen, 2500 black wampum, 272 pieces calico, 25 rifles, 25 men's saddles, bridles and housings, 2000 yards stroad, 150 blankets. "fThe first fort at the Chickasaw bluflT, below the mouth of Wolf river, was a stockade built by the French and called Fort Prudhomme after a Canadian hun ter who accompanied La Salle down the river, and there got lost. The next by Bienville on his last expedition, called Fort Assumption. In 1795, Governor Gay oso erected there Fort Ferdinand. We have before us a letter written by him to his wife, dated Fort St. Ferdinand of tho BlnfTs, May 31, 1795: "Yesterday I passed from my post of Esperanza over to the Chieaoha blufl's, whence I now M'rite. I hoisted the King's flag and saluted it in the most brilliant manner from the flo tilla and from the battery. It being St. Ferdinand's day (the name of my Prince) I gave the post that name. It was a pleasant day, aud withal my birthday, and nothing was wanting to complete ray happiness but your presence. The chiefs are to visit me to-morrow, and then I shall count the days, the hours and the moments until I can be with yon. The Spanish garrison, commanded by Captain Bellechasse, abandoned and par tially destroyed Fort Ferdinand in July, 1797, hearing of the approach of Captain Guion with an American detachment. Captain Guion landed there soon after, and erected what was first known as Fort Adams and afterward as Fort Pickering. All persons passing up or down the river were required to report at the fort and a register was duly kept as follows : NAMES. UATt. OF ARRI VAL. DATE OF DEPAR TURE. WHERE EROM WHERE BOUNn. MODE OF TRAVELING. BUSINESS AND E BMABKS. ¦Captain Nars worthy Bun- ter Sept. 14. Sept. 14. Sept. 26. Sept. 26. Oct. 23.. Sept. 15 Sept. 15. Sept. 29. Sept. 29. Oct. 23.. Philadelphia. Chickasaws... Georgia Connecticut.. Philadelphia. Natchez.Natchez. Natchez. Natchez. Havana. Horseback...Horseback...Pirogue With dispatch Capt. Love Gen. Mathews. Judge Miller... Mons. Mabine and wife es Guide to Hun - ter Pirogue Private 1 82 Mississippi, as a Province, 1797. August 14th, Captain Guion wrote General WUkinson as fol lows : "Owing to strong apprehensions of an attack by the Creeks on their towns, the Chickasaws did not appear here until the 10th inst. Yesterday Piamingo, the mountain leader, arrived in bad health. The Wolf's Friend preceded him two days and is here with all his people, and a very disorderly, turbulent and troublesome clan they are. Great discord prevails in this nation, owing pro bably to the intrigues of the Spaniards, and the want of information and energy somewhere else. General Colbert, who was here a few days since, with about one hundred of his people, manifested a very friendly disposition, and gave me permission to remove my troops and stores from the bank to the blufi' where the Spanish fort recently stood, and to erect there such works as I thought fit, observing that it would be extraordinary to deny to us, who were born on the same side of the water, a privilege that had been granted to those born on the other side of it. I immediately set a party to get pickets for a temporary cover for our stores and camp, a very heavy job, for they had to be got a mile up the river Margot, (Wolf) rafted down and drawn up to the the bluff by hand. I have, however, enclosed a sexangular stockade, of which the plan is trans mitted. The V/olf's Friend, who has great influence, is by no means inclined to the United States. There is an evident coolness between him and the Mountain Leader. I know not how it will end. I shall use every exertion to reconcile these discords. I despair, however, of effecting anything with the former with out using a more potent argument than words. A few hundred dollars is the best "talk" for him. On the 12th Colonel Howard, with five galleys and about one hundred Spanish infantry, arrived from above at the post of Hopefield on the opposite bank of the Mississippi. They have been very civil and a salute has been received and returned.'-' Our troops are daily falling down with intermittents, the prevailing malady of this country. The salt meats furnished by the contractor at Fort Washington, are, in a great measure uusound, and I have obtained permission from the chiefs to pur chase from James Allen, a white man living iu the nation, a drove of beef cattle."t •¦"The Spanish troops left Hopefield, Esperanza, and started down the river Sep tember 1st. fJamcs Allen was a North Carolinian, well educated and of a family in easy circumstances. He came to Nashville, intending to settle there as a lawyer but from some disgust entered the Chickasaw nation, where he soon conciliated the favor of General Colbert, a half-breed chief of large fortune. Allen married his. daughter Susie Colbert. Their daughter, Peggy, was very beautiful, and received numei ous proposals from traders returning from New Orleans to Tennessee, and from the sons of the other Chickasaw chiefs. The United States agent iu charge of the Chickasaws, Samuel Mitchell, became deeply in love with her, but she did not return it. He applied to her srandiuother, anil she considering it a very de sirable match sent off Peggy to the agency with a string of well loaded pack- horses, and ten negroes, for her dowry. Peggy was compelled to make the jour ney, but she persistently refused Mitchell, (saying she would never marry a drink ing white man or an Indian) and aftcrtwo weeks of importunity he senther home. Ju.st then there turned up a handsome young fellow, Simon Burney, from the neighborhood of Natchez, who loved her very deeply, and her father and herself both fearing interference by Mitchell and his friends, they were married and im mediately left the Nation.— 1'^cniini.scences ot John L. Swancy, (the old Natchez mail rider,) in the GaUatin, (Tenn.,) Examiner. Capt. David Burney lived near Natchez, in early times, on the place now owned by Dr. Legsett. Ho was tho first breeder ot fast horses and game cocks in the territory and a great patron of the turf. He moved with his large family of sons and daughters to Lawrence county. One of the grand-daughters ot this James Allen, educated at Elliott mission school, and married to a Mr. McAulcy, a Scotch trader in that vicinity, having in her veins the blood of the Chickasaws, Choctaws and whites, was 'the most beautiful woman in Mis,sissippi. She went with her people to the AVest a year or two after the last treaty with the Choctaws. Territory and State. 183 The promise made by Captain Guion to the Spanish commandant at New Madrid, although clearly within his instructions from General Wilkinson, aud indispensable in view of the distribution of goods to the Chickasaws, and pol icy of conciliating them, was not approved by the Secretary of "War, who be lieved that the Spaniards were only waiting the arrival of the American detachment to evacuate the forts. Captain Guion knew from his scouts that they were strengthening their works, anticipated war between the United States and France, and hoped to continue to hold the countr3^ The actual condition of things at Chickasw Bluffs, and our relations with the Indians and the Spaniards, at that remote date, are shown in his letter to the Secretary of War : Fort Adams, CmcKAS.vw Bluffs, October 22, 1797. "Contrary to my expectation the Mountain Leader, (Pianiingo,) the King and the Wolf's Friend, with their followers, did not present ihemselves here, to receive their goods, until the 12tli inst. Piamingo apprel nded an incur sion by the Creeks, and had remained at home to repel it. Vii .i's Friend, who is a warm partisan of the Spaniards, and a cunning, mischievous fellow, regu lated his movements by their advices, and arranged to come in about the time Spanish galleys and troops from St. Louis were to arrive at the post of Espe ranza, opposite this. A supply of goods from New Orleans, for the Chickasaws, had for some time been stored at Esperanza, but this had delayed the dis tribution, believing that our lot was very inferior to theirs, and that the contrast would make its impression, which would be supported by the new arri val of soldiers. The Wolf's Friend had assured the commandant at Espe ranza that we should not be permitted to remain. August 12th, Col. Charles Howard with one hundred men and five galleys arrived at Esperanza from St. Louis. Wolf's Friend immediately crossed over. On his return he said he wished to make a talk, and desired that his friend. Colonel Howard, should be present. I appointed the 16th to give time to have William Colbert and Pia mingo present. Colonel Howard with two of his officers came over in the morning. Pie apologized for his visit, and said it was only to gratify Wolf's Friend, who had insisted upon it, anel he hoped that when he distributed the presents at Esperanza, I would be his guest. This I promptly declined, but observed that I had no objection to his presence, as I had no secret intrigues or policy to carry out with the Indians, and should merely recommend them to preserve order among themselves and peaceful relations with both Spaniards and Americans. William Colbert, anticipating Wolf's Friend's design, opened the conference with u, bold and animated talk. Addressing himself to that chief he said : 'I know your object is to expel the Americans and bring back your friends, the Spaniards. But this shall not be while I live. The works now being built here were begun with my consent. I, and my people, gave our consent and our promise, and I would like to see the man or the chief who can make that promise void. The Americans may go away if they choose to go, but they shall not be forced to go. I hear you talk of force. You will do well to count the warriors of this nation. Before you can drive the Americans, you must first kill me, and my warriors, and bury us here.' This was followed by a brief but pointed talk from Piamingo, to the same purpose. Wolf's Friend remained moody and silent, and his Spanish friends who had come to hear a very different story, were greatly disconcerted. Next day our goods were distributed, and as they were found more liberal in quan tity and more substantial and valuable than the Spanish distribution, the effect was fine. I find at this place lour white families, who came here two and three years ago. The man of most consequence is Kenneth Ferguson, a Scotchman, and agent of Panton, Leslie & Co., of Pensacola — very active in the Spanish inter est. He is extensively engaged iu the Indian trade, and sells at most exorbi tant rates. Another of these people is Wm Mizell, a native of North Carolina. who was at Pensacola, under British protection, when it surrendered to the Spaniards. He is no friend to thera, and I find him very useful as an inter preter, as he has resided sixteen years among [the Chickasaws and speaks their language well." 184 Mississippi, as a Province, In a private letter to his friend Daniel Carthy, attorney-at-law, New bern, North Carolina, written in 1806, Captain Guion gives an inter esting account of his voyage and proceedings, and how he found mat ters on his arrival at Natchez : 1797. "Early in November, having left a sufficient garrison to protect Fort Adams, which I had just completed, I left the Chickasaw bluff and descended the river to Fort Nogales, then held by Spanish troops. Here I remained three days in my boats. I politely demanded possession in the name of the United States, and was politely refused. My hands were tied by positive orders to do nothing to di.tplcase the Dons, or to occasion "a rupture," or even "a complaint," so I made my bow, and took my departure for Natchez, one hundred miles below, where I found Mr. Ellicott, United States Commissioner for running the boundary line. Lieutenants Pope and McCleary and .some forty or fifty men, who bad been there a long time doing no good, but a great deal of harm. They had got the people, who before their arrival had dwelt together in amity, cut up into factions and very discontented."*" I found a Spanish garrison of .some forty men, and two regular and one pro vincial oificer. The late governor, Gayoso, having recently succeeded Caron delet as Governor-General of Louisiana, had transferred his headquarters to New Orleans, leaving the district of Natchez under the command of Captain Stephen Minor, a native of Pennsylvania, long in the Spanitli service. I en camped on a hill just one thousand yards from the Spanish fort, and the flags of two nations waved over the same district. 1798. On the 30th March the Spanish garrison evacuated the fort, nothing having occurred since my arrival to interrupt our friendly relations. In a short time Ellicott, and his assistants and escort, left Natchez (very much to my satisfaction and the satisfaction of the people) for a point on the river near Loftus Heights, where, it is supposed, they will find the point desig nated by treaty for a boundary, to-wit : the ST' north latitude. This personage has remained here, va-y actively and profitably employed for himself ever since Feb ruary, 1797, sometimes exciting dissensions between private families ; at others endeavoring to .spread a spirit of mutiny among the troops or an insurrection among the inhabitants ; and at all times closely intent on making a good job out of the commission, receiving at the rate of ten dollars a day fixed, which some days he made twenty.''^ ¦•¦¦¦REOM CAPTAIN GUION TO LIEUTENANT POPE. Chickasa"\v Bluffs, August 24, 1797. "I am sorry to observe there are complaints against you for improper conduct, and in that degree as to give serious displeasure to tlie ^Spanish authorities and raise up obstacles to the execution of the treaty. You are strictly to avoid this in future. Such, 1 am sure, were your orders "iVhen vou left Fort Massac, andi reiterated them in letter of the 4th. You must, by a change of conduct, remove any bad impressions made on Governor Gayoso." August 29th he wrote to the Governor: "I am sorrv to hear thatthe oflicer here tofore commanding the United States troops at Natchez has given to j'our Ex cellency, and to the subjects ot His Catholic Majesty, and to the other inliabi- tanta of that district, cause for discontent. This shall no longer be the case. He has received my orders, and I hope very soon to bo there in person." , tWhen Captain Guion set out from Fort Adams. Chickasaw bluffs, for Natchez, he lett Lieutenant Campbell with a detachment of artillery, in command. He found Captain Bcanrn^nnl in command of the Spanish post at Walnut Hills, with whom the usual military courtesies M-cre exclians!;ed. He fouud there two Amei- icaiis, a Mr. Ghis.s and a Mr. Parkin,son, ^vho had lately arrived from Tennessee with a Colonel Downs. Twenty miles below there was a small clearing, and a flat- boat tied up from which a family had lately landed. Judge Bruin's, at the mouth- of Bayou Pierre, was the next settleiiimt. Other troops soon followed Captian Guion and" were dis.tributed as follows: At 1< ort 1 ickenng (formerly Fort Adams) Chiidcasaw blufl', one company of ai- tiUery under Caj)t. Picrec (who subsequently died at Walnut Hills), one com- •pany infantry, under Capt. Men-iwcthor Lewis, with Lieuts. Steele and Fero. At Territory and State. 185 The following official correspondence, not heretofore published, elucidates this period of our history, and shows, in every line, the anxiety of our government, to obtain possession of the district with out a coUison with Spain : FROM JAMES m'hENRY, SECRETARY OP WAR, TO GENERAL WILKINSON. War Office, June 9, 1797. Sir — Yesterday the Secretary of State received letters from Mr. Ellicott, by which it vrould appear that scruples on the part of Governor Gayoso, have retarded the evacuation of the posts. These scruples or objections are : 1. That in his opinion, the forts ought to be demolished. 2. That he thought it neces sary to continue his force in that quarter till the claims of Spanish subjects to lands should be adjusted by negotiation. As to the first, our oificer may be instructed to agree to the demolishing of the forts if it be insisted on. As to the second, he is authorized to assure the governor that no person shall be disturbed in his possession or property,until an opportunity has been afforded to apply to Congress, and that they may rely upon their claims being adjusted upon the most equitable principles. It is to he presumed that, on receiving these explanations, the Spanish garri sons will be withdrawn. If, however, contrary to expectation, this should not happen, our officer is to take a secure position, but not so near them as to give any cause to the Spanish garrison to apprehend insult or injury. Our posts in the Indian country may tend to give alarm to them, especially if pains have been previously taken to mislead or deceive them. The officer should be fully instructed, furnished with the means to counteract such prac tices and be on his guard against them. You may, therefore, put into his possession, to be distributed among the Choctaws, or other tribes, should he find it necessary, one of the two year's presents provided for the Chickasaws, which are now stored at Fort Washington. . The officer, when he halts at the Chickasaws, will ascertain whether they continue attached to the United States, and the condition in which the Spaniards have left the works. You will take the most effectual steps to know, as early as possible, the re sult of the demand and explanation, and the position which may be assumed by our troops, in case of a refusal, and to afford them every assistance which the case may require." PROM THE secretary OP WAR TO GENERAL WILKINSON, JUNE IOtH, 1797. "The Spanish Minister has just called on me with two letters from the Baron de Carondelet. These letters mention his dissatisfaction with Ellicott, our commissio.er for running the boundary between the United States and Florida, on account of his conduct at tbe Natchez, as communicated to him by Gov. Gayoso. The Minister expressed his wish (and the wish of the Baron Walnut Hills, Major Kersey commanding, with Capts. Packard and Wade and Lieuts. Marshall and Davidson. Natchez, three companies, Capts. Guion, Heth, Demler, (artillery), Lieuts. Bowyer, Pope, Gregg, Ensigns Mct'leary and Scott, Surgeon Pheifer, Quarter-Master Evans, Commissary Quin. All these troops be longed to the 1st and 3d regiments. United States infantry. August 20, 179S, Col. John F. Hamtramck, 1st U. S. I., arrived at Natchez, assumed command, and con- -solidated the forces at the new fort Adams, Loftus Heights, below Natchez. Capt. Merriwether Lewis, mentioned above, a native of Albemarle county, Va., had a remarkable career. He was a man of vigorous intellect and of great energy and courage, but not a man of education. When Mr. Jefl'erson became President he invited Lewis to be his private secretary, retaining his rank in the army. He soon after designated him and Capt. Clarke to explore the Missouri river and its tributaries, a mission they ably executed, and their report excited unusual interest and set in motion the tide of emigration which has ever since flowed to the region they explored. Pveturning, subsequently, on horseback, from Natchez to Wash ington city, in a fit of despondency, Capt. Lewis committed suicide, at the house of a half-breed in the Choctaw territory. 1 86 Mississippi, as a Province, Carondelet,) that Mr. Ellicott be confined to the duties of the commission, and that a discreet military man should be sent with the American troops that were expected at the Natchez. I asked his Excellency where the American troops would take post unless the Spanish garrison withdrew from the fort. He answered that the settlement was large, and there were plenty of houses in which they could find quarters. One conclusion results from this interview, that the Spaniards have no idea of using force to prevent our troops from establishing themselves at the Natchez. The Baron de Carondelet has written to Madrid for instruc tions about the manner of evacuating the posts." Captain Isaac Guion, the officer selected for this delicate and iraportant expedition, was a native of Weschester county, New York, of a highly respectable family of Huguenot extraction. He entered the Continental army in 1775, at a very early age, as an ensign, and was in the assault on Quebec, December 31st, 1775, and stood near the gallant General Montgomery when he, and his t"wo aids, and a number of others were killed by a discharge from a British battery only forty paces frora their position.* He continued in service until November 23d, 1783, when the army was disbanded. He re-entered the army March 5th, 1792, and remained in it untU June ist, 1802. During the latter period he served in Wayne's celebrated legion, and commanded a company in the memorable battle of August 20th, 1794. Fie was a thoroughly trained officer — impetuous but cool — resolute, inflexible, punctUious, extremely courteous, but exacting in return every honor due to his rank and character. He was a singu larly handsome man, with a military port and manner, very fasci nating in conversation, famihar with ancient and modern languages, and with the literature of the age. Such was the man selected by General Wilkinson ; just such an officer, as we have seen, that the Baron de Carondelet and the Chevalier de Yrnigs, the Spanish Minister, desired to have sent to the Natchez — "an officer of rank and discre tion," to put an end to the officiousness of EUicott, and to the discon tents and anarchy he had occasioned. The dispatches from the Secretary of War to Captain Guion, re ceived by him on his arrival at Natchez, show the anxiety of the gov ernment to get possession of the district, but equal anxiety to avoid a rupture with the Spaniards— "a rupture" which EUicott had been persistendy striving to produce — and which, as far back as AprU 14th, 1797, he had written to Lieutenant Pope, was " near at hand." "War Office, June 15th, 1797. Sir : Should this dispatch find you where I expect it will, at the Natchez, and the Spanish garrison still in possession of the works at that place, you will be plea,sed to lose no time in communicating to the commanding officer there tlie enclosed copy of a message from tlie President of the United States to Congress, and to the inhabitants of the Natchez, its contents, that both may be fully possessed of the intentions of Government. You will also inform the Spanish commandant that you are instructed to pay the strictest attention to -•¦Many years afterwards, when the remains of Montgomery were about being removed to Trinity Church-yard, New York, it was ascertained that Major Guion was the only survivor who could identify the exact spot where the fatal shot was received, and where the body was deposited. Ta\o gentlemen were sent out to solicit his attendance and escort him to New York. Thev found the veteran liv ing m an humble cottage, near the foot of the " half-way hill," in the vicinity of JNatchez. lie accompanied them to New York and to Quebec— pointed out the grave and followed the remains ot his old comniandcr to their final resting place. lie wa,s the guest of the military while in New York, and he received many at tentions from the city authorities and the citizens Territory and State. 187 the engagements the United States have entered into with his Catholic Majesty, to permit the demolition of the works ; to use your utmost endeavors to pre serve a continuance of the pacific disposition of the Indians within our limits,, towards the subjects of his Catholic Majesty, or his Indians, and to prevent their commencing hostilities {of which there is no appearance,) against either, conformably to the fifth article of the said treaty ; that you flatter yourself, after these candid assiii ances, that you will have the immediate jjleasure to an^ nounce to the President a full compliance with the treaty on the part of the commandant of his Catholic Majesty's forces within the United States. With respect to the government of your posts, you will keep the works always in a condition to resist attacks ; practice the same precautions against surprise as if the United States were actually in war ; fix upon regular and stated hours for exercise ; pay the strictest attention to the arms, accoutrements and clothing of the men; direct four roll-calls every day, viz: the first at sunrise, the second at the hour of dinner, the third at that of supper, and the fourth an hour after retreat, by a visit made to their huts or quarters by a subaltern officer; have the sick and the soldiers' quarters visited ever day by a subaltern officer, who shall examine into their situation, see there is nothing out of order, that their provisions are wholesome and well cooked, that no quarrels exist among them, that they do not game, get drunk or commit de baucheries ; you will also examine, in conjunction with the next officer in com mand, once every month, the state of tbe works, barracks, huts, magazines,, public buildings, stores of every description, aud all articles the property of the United States, and make a written report thereof to the Secretary of War,, to be sent as often as occasions or opportunities may offer. With respect to your general conduct, you will endeavor to gain the good will of the civil officers and inhabitants of the district, without losing sight of those measures necessary to be enforced for the preservation of the peace of the frontier, and will, as far as in your power, be kind and attentive to such of the Indians as may visit you. As the times of service of some of the .soldiers of your detachment may ex pire, who may be inclined to re-enlist, I enclose you enlisting instructions, and authorize you to draw on me for such sums as may be necessary to keep up the complement of your command, by fresh enlistments cither of old soldiers or others. I am, sir, etc., James McHenry. Captain Isaac Guion. 1797. July 13th, the Secretary of War writes to Captain Guion: "You will conform strictly with my instructions, and take every precaution. for the safety of your command, and maintenance of a good understanding with the inhabitants and the Indians, while you will, at the same time, care fully avoid whatever might disturb the peace between the United States and Spain, or afford ground for complaint." General Wilkinson seems to have been influenced by EUicott's false and mischievous representations, to apprehend a rupture with Spain, and so intimated to the Secretary of War, who thus replies : EXTRACT OP A LETTER FROM THE SECRETARY OF WAR TO GEN. WILKINSON. War Office, July 21, 1797. You will indulge me in an observation or two on another subject, arising out of your last communications. Government, anxious to obtain possession of our territory and, at the same time, to preserve our neutrality and avoid war,, has pursued a line of conduct towards Spain predicated on these views. Such being the principles of the ad ministration, it is sincerely hoped by the President that Captain Guion may not fall into unnecessary delays or admit of frivolous pretexts to obstruct his progress to his points of destination, and that no officer of the United States may, hy any proceeding whatever, relative to Spain, afford her ofiicers the least i88 Mississippi, as a Province, ground for disbelieving the pacific intentions of our government, or the un- afiTected desire which it has, on all occasions, discovered, to maintain the purity of our neutrality. The officers of Spain can no longer apprehend an invasion of Louisiana from Canada. Indeed there never has been the least appearance in that quarter in dicative of such a project, nor any movement or collection of troops, vessels or military apparatus, that could give countenance to such a suspicion. This being the case, and it being undoubtedly the interest of Spain, as it is of the United States, to preserve peace on the basis of the treaty, I flatter myseU that nothing will happen between the officers of the two nations to put it in jeopardy." FROM THE SECRETARY OF WAR TO GEN. WILKINSON. July 25th, 1797. " A'ou seem to think that Captain Guion's detachment may possibly get into a disagreeable situation; that the object of the Spanish officers is to parry our pretensions and gain time to receive further instructions from their court, and that if thej' have permitted our vanguard to reach the Natchez, it was only to have it more efi'ectually in their power iu case of a rupture, or to make a merit of it in case of none. Without discussing the ground of these conjectures, I have only to observe, that neither the Spanish Minister here, nor any of the Spanish officers, have ventured to make any communication, or do any act that would have ren dered it proper in the President to have waived the rights of the United States or to post pone our occupation of the country and the completion of the line of demarkation.. If, however, Spain conceals latent designs of hostility, the arrival of Caiatain Guion's detachment will have the good effect to unveil them, and discover, unequivocally, their intentions. In the meantime it is our duty to guard against surprise and intrigues,^ and do nothing that would justify any nation in bringing war upon this country." from the SECRETARY' OF WAR TO GENERAL WILKINSON. "War Office, 25th August, 1797. Sir: By letters from Tennessee it appears that a Mr. Thomas Powers has undergone an examination there, before a magistrate, and been dismissed, hav ing produced a public letter to you from Governor Gayoso to request you to suspend the progress of tbe detachment under Captain Guion, and assigning as reasons for the detention of the posts, 1st: Thatthe British had wintered on the lakes a considerable force to carry an expedition in Louisiana, through the United States. 2d. That the retention of the posts of Natchez and Nogales and Walnut Hills were necessary to the protection of lower Louisiana from the British inroads. 3d. That it appeared that the United States were pre paring for war, by embodying their militia and directing them to be held in readiness to act at the shortest notice. 4th. That the British had been per mitted, by a treaty with the United States, to a participation in the navigation of the Mississippi, contrary to the treaty with Spain. 5th. That the forts ought, agreeably to treaty, to be demolished. Gth. That negotiations on these points were pending between the United States and Spain, and that, till con cluded, it would be proper that the posts should be retained. 7th. That instead of sending small parties to talce possession of the posts, which serve to introduce itriia- tions among the settlers, it was required that a respectable body of troops should be de tached whenever they were to be delivcre.d.'t "••¦A clear hit at Ellicott. "|"This at once refutes the reiterated statements of Ellicott, in his correspond ence with the Secretary of State, "that the Spanish authorities were using every pretext to evade the treaty, and to retain possession of the country." Such an intention is AvhoUy at variance with tbe above letter from Governor Gayoso to General Wilkinson, callin,!,' on hira to dispatch not a small party, under a young lieutenant, but a strong detachment of American troops, " under an officer of rank and distinction," to occupy the district and repress disorder, during the period of transition. Territory and State. 189 Should such be the demand and matter of the Spanish Governor's letter, you will reply to the first point. That the British have not augmented their force on tlie lakes, and that from your own observation and the information you have received, no depots have been formed or movements made, whieh indicated an expedition by that power against Louisiana ; that had such an expedition been determined on, it must have been indicated by augmentation of troops, artillery, provisions, etc., on the lakes, beyond the quantities necessary for the defense of Canada. That you can safely assert that such augmentations have not taken place, and that so far from circumstances in Canada countenancing an invasion of Louisiana, it is very certain that fears have been entertained that an invasion of Canada was contemplated by France and Spain. If you have not ascertained the truth of these remarks, I request that you will, or mention such circumstances as yon can establish by our officers, who have been attentive to the changes which have taken place in the British forces on the lakes, and in their military deposits, and who know that, so far from con templating a descent on Louisiana, they were apprehensive of one from it. It may be proper, also, to observe that the position of our garrisons on the Canadian frontier, is calculated to overlook the British garrisons and guard the territory of the United States from invasion from Canada, and that you and every mili tary oflicer of the United States would consider it your duty to arrest the progress of any power who should attempt violation of its territory, unless you were epecially instructed to the contrary. Besides that, you are authorized to assure him that the British Minister has been, long since, notified by the President, that the United States would not suffer either Great Britain or Spain to violate their territory in the execution of any military projects against each other. To the second. That inasmuch as no appearances have existed of a formed intention to invade Louisiana, through the territory of the United States, as no expedition could have taken place without previous preparations which could not be kept secret, as the executive have formally declared to the British Minister that it should cause their territory to be respected, it follows that the posts of Natchez and Walnut Hills cannot be retained on the ground of their being necessary to protect Lower Louisiana from British inroads from Canada. To the third, That it is the part of every wise nation to keep their militia, at all times, in a situation to be prepared for war ; that militia have been held in readiness on the frontiers of any of the States, it was to repel Indian hostilities. against the State that had called upon its militia, and not to commit hostilities upon Spain ; that agreeably to the laws of the United States and individual States, the militia of the United States are to be armed, trained and exercised, that they may always be found in a situation to meet war ; that it has been the constant practice of the States to exercise and train their militia, and that no nation could, with propriety, decline to do during a war between its neigh bors, what it held an indispensible duty in times when all nations were at. peace. To the fourth, you will remark that you are authorized to say that the United States have not given to Great Britain, by their treaty with her, any right to navigate the Mississippi, which Great Britain did not enjoy before that treaty ; that the treaty leaves that point precisely where it found it, neither adding to, nor diminishing from, any claims she may have on the subject; that the United States will confine their attention strictly to that freedom of navi gation which they, themselves, have a right to exercise. To the fifth, that Captain Guion has been instructed to permit the demolition of the forts. To the sixth, that you have authority to say, that no negotiations upon the two preceding points has been entered into by the Court of Spain and the United States. To the seventh, that the United States can have no desire to produce irrita tion among the settlers, near the posts, by sending small parties to take pos session of them ; that as the treaty between Spain and the United States has not stipulated the number of troops, which were to occupy them in the first instance, it could not have been contemplated that more was proper than what has been ordered. Having answered to these points, you will conclude by assuring the Gov- 190 Mississippi, as a Province, ernor " that the constant tenor of your instructions from the President has been to preserve the friendship which subsists between the two nations, and that the orders to Captain Guion, who has proceeded to the Natchez, are equally explicit and unequivocal ; that from the known and sincere wish of the United States to continue in friendship with Spain, added to the reasons you have assigned and the facts which you have stilted, you cannot suffer your self to entertain a doubt but that everything will be amicably settled between the officers of His Catholic Majesty and Captain Guion, relative to the posts, on his arrival at the Natchez, conformably to his instructions and the assur ances and accommodations which he is authorized to make." 1797. On the loth November, the Secretary of War despatched Major Constant Freeman, one of the most accomplished officers of the army, to the head-quarters of General Wilkinson with a letter to Governor Gayoso, which the General was instructed to copy and trans mit by Major Freeman. This letter frora the war office, General Wilkinson says, in a private note to Captain Guion, was, doubtiess, written by the Secretary of State, Mr. Pickering. GENERAL "Wilkinson's letter to governor gayoso. Pittsburg, December 10, 1797. Sir : — It is with great regret that I find it to be my duty, in the discharge of my trust, to make known to your excellency certain practices which have taken place within the United States, of a nature calculated to disturb their peace, and having for their authors officers of his Catholic Majesty. My opportunities, as general-in-chief of the army, have enabled me to assure you, from the highest authority, that agents, vested with powers from Spanish ofiicers, and instructed for purposes injurious to the rights of the United States, have visited most of the Indian Nations, within our territory, and induced some of those nations to hold councils and deliberate upon speeches, inviting them to desert the territory of the United States, and take up the hatchet against the Americans and English, whom they were pleased to blend and characterize in those speeches, equally the enemies of Spain. Those attempts to rouse the .sleeping cruelties of the savage, so repugnanttohumanity, and subversive of the principles of a recently ratified treaty between Spain and the United States, cannot, I am'persuaded, have met with your concurrence. I flatter myself, therefore, that you will authorize me to state to my government that they have taken place without your i']articipation, and that measures will be adopted, to manifest the sense you entertain of such attempts, to prevent efficaciously, their being re peated. It is proper, also, that I should notice to you another circumstance, apparently connected with those attempts. Captain Guion, with a detachment of the troops of the United States, destined for the Walnut Hills and the Natchez, has been, in the month of July, ultimo, formally requested by the commandant of New Madrid, to suspend the execution of his orders, and has had a protest against his passing down the Mis,sissippi delivered him, import ing to be from tbe same commandant. I inclose you a copy of this protest, ¦which could not fail to excite surprise, considering" that Captain Guion, in nav igating the i\Iississippi with his detachment, was in the use of a right secured to the United States by treaties, and more especially, loo, as the object of his expedition was strictly to the treaty between Spain "and the United States, in dependent of the force he commanded, having 'become indispensably necessary to secure and maintain a continuance of the friendship of the Indian nations, residing within the actual territory of the United States, on the east side of the Mississippi. What renders this proceeding more particularly deserving of at tention is, that the apprehensions of the Spanish of invasion from Canada, must have been long since, and previous to this protest, eflTectually dissipated; for it is certain, as I have had the honor to inform the Baron de Carondelet, that uo indications whatever, of au invasion of Louisiana from the Lakeshave, at any time, existed. It cannot, besides, be unknown to your excellency, that the President of the United States, had early caused it to be ofiicially .announced to the British Minister iu Philadelphia, that he would not permit T'erritory and State. 191 the territory of the United States, to be violated by either Spain or Great Britain, in their operations against each other ; a determination which the Spanish Minister at Philadelphia has been duly informed of, and which has become an act of public notoriety, by having passed into the public papers. In addition to these circumstances, your excellency may also have seen in the public prints of the United States, if it has not been communicated to you Ioy the Spanish Minister, a letter from the Secretary of State of the United States, to the chevalier Don Yrujo, under date of the 17th of May, ultimo, which ought to satisfy you that the United States can have no question to settle or negotiate with the Court of Spain, relative to any right which may be claimed by Great Britain, to a participation iu the navigation of the Missis- ssppi. If Great Britain has any right of this kind, it is for her to look after it. The United States have entered into no stipulations with that nation, either to give it to her, or obtain it for her, or to facilitate to her its acquisi tion. The reading of that letter, and existing treaties, will show you that whatever was the state of this question between Spain and Great Britain, pre vious to our late treaty with that nation, remains unaltered and unaflfected by such treaty, and that in this light it is considered by the government of the United States. You will be pleased moreover, sir, to observe that my assur ances in my letter to the Baron, a copy of which I inclose, of tlie 14th Septem ber, ultimo, is grounded on this fact. I have therein expressly declared that should Great Britain attempt an invasion of Louisiana from Canada, through the United States, pending the present relations between tbe United States and Spain, I should feel it my duty to give it effectucd opposition. I now persuade myself that this disclosure of circumstances v/ill demonstrate to your excellency the strict regard which the United States have paid to the rights of Spain, and their engagements with her. For my part, it has been a source of pleasure to me to endeavor to obey the will of the President in those respects, as contained in my instructions, the basis of which is to cultivate harmony between the two nations, to avoid whatever might be contrary to the stipulations in our treaty, and to reciprocate every act of kindness or civility which could, in any way, tend to consolidate their mutual interests. The wisdom of this policy, as applicable to both nations, cannot have escaped your notice. The contiguity of their territory, every event which affects their in habitants, everything which we see around us, impresses upon the reflecting mind, the necessity and the propriety of the officers of the respective countries, to whom power is entrusted, abstaining from giving real ground of offense, or just reason for retaliation. Thinking in this manner, I anticipate that it cannot be your wish (it being so contrary to the interest of Spain) to countenance a policy, different from' that which'has hitherto animated the United States, and which appears to have governed your nation, when it concluded a treaty of boundary, friendship and navigation with mine. I anticipate, above all, as a proof of the continuance of this disposition on the part of Spain, the removal of such of the Spanish troops, as may be still remaining within any part of the territory of the United States. Major Freeman, of the United States army, who will have the honor to de liver this letter to you, will receive your excellency's answer, which, for the greater safety and despatch, I must request of you to enclose to the Minister of the Department of War for the United States, at Philadelphia; and at the same time I shall be obliged to you for a duplicate, to be forwarded through the hands of this officer of the United States, commanding at Natchez. I have the honor to be, etc., (Signed) James Wilkinson. To His Excellency, the Ooriernor- General of Louisiana and its Dependencies, New Orleans. GOVERNOR GAYOSO'S LETTER, IN REPLY. New Orleans, March 30th, 1798. Sir:— By Major Freeman, I received your excellency's communication, which contains the following points : ... That it is with regret, you find yourself under the nececessity of acquainting 192 Mississippi, as a Province, me with certain practices of some officers of his Catholic Majesty, which have- taken place within the territory of the United States, calculated to disturb the peace of both countries. That, as geueral-in-chief of the army, you are in formed, from the highest authority, that agents, vested with powers from Spanish officers, have visited most of the Indian nations within your territory, and influenced them with notions injurious to the rights of the United States, inducing some of the nations to hold councils, and deliberate upon speeches, inviting them to desert the territory of the United States, and take up the hatchet against tbe Americans and English, whom they characterize as equally enemies of Spain. Your excellency does nie the justice to believe that it is without my concur rence, and likewi.sc you wish to be assured by me, that such conduct took place without my participation, and that measures will be taken to prevent the same for the future. In addition to such grievances, you consider as such, the protest made by the commandant of New Madrid, against the passage of Captain Guion with his troops, on his way down to the Walnut Hills and Natchez. Your excel lency incloses a copy of said protest, and reflects on the impropriety of such a conduct, both as its being contrary to the late treaty, and unnecessary with respect to the invasion from Canada ; as you expect that all apprehensions might have beeen dissipated by your communication to the Baron Carondelet, and by the publicity of the official intimation from the President of the United States, to the British Minister in Philadelphia, a determination on which our Minister in Philadelphi had been duly informed of. Your excellency is pleased to make several political refiections concerning the pretensions of the British to the navigation of the Mississippi, supported with a copy of the letter that, on the 17th September, ultimo, you wrote to the Baron Carondelet. You continue, sir, with a most pleasing discourse, in which I reciprocate with you, contemplating the mutual interest of both our countries and the satisfac tion of being the instruments of promoting it, in compliance with the human and benevolent wisdom of our rulers ; observing, at the same time, the necessity and propriety, that tbe officers of the respective countries, to whom power is entrusted, should abstain from giving real grounds of offence, and just reasons for retaliation. You expect that I will contribute to support the principles that governed my nation to enter into a treaty of friendship, boundaries and navigation, with yours, and that a proof of the continuance of that disposition on the part of Spain, will be the removal of such of the Spanish troops as may be still re maining within any part of the territory of the United States. You announce to me Major Freeman, as the bearer of your communication, and whom you appoint to receive my answer which, for" the greatest safety, you wish to be enclosed under a flying seal, to the ]\Iinister of the Depart ment of War for the United States of America, at Philadelphia, and a du plicate, through tbe hands of the officer of the United States commanding at Natchez. At any former period, I sliould find it indispensable to enter into the most minute details of facts, to prove to your excellency the propriety of our con duct, and that it was never our view to injure the interest of the United States, either in depriving them of th» privileges aud advantages that was intended by the^ treaty, nor with regard to the interference vou mention, that some of our officers have had with the Indian nations, within the territory of the United States. ' ¦' _ The exact compliance with the treaty of friendship, boundary and naviga tion on our pai-J;, aa soon as those difficiilties that obstructed its execution dis appeared, is a proof that we had no other motive for the disagreeable retard than self-preservation. AU that I could .say on this important subject, to con vince you of the purity of our conduct, cannot equal the fact of Major Fl-ee- man's having seen the forts of the "Walnut Hills and Natchez almostevacuated; and I assure you, .sir, that operation shall not discontinue with the utmost alacrity, until concluded. I even believe that it will be completed in the course of the present month. The line of demarkation will immediately be commenced. I intend to b£ present at the fixing of the first point on the Mi.ssissippi, and, I dare &ay, that Territory and State. 193 Mr. Ellicott is already on the vicinity of the 31st degree, in company with Mr. Dunbar, who is our astronomer, to make the preparatory dispositions for the first observations. Convinced, as I am, of the intentions of the King, my master, to promote friendship, and the reciprocal interest of his subjects, and of the citizens of the United States, so as to make them so intimately connected that no other foreign politics shall disturb the peaceable possession of the blessings that infallibly will follow to us both, I have given the most positive orders to the acting offi cers under my command, both at Natchez and the Walnut Hills, to leave the fortifications in the state they were in, without demolishing any part of them, and as to tbe buildings, that otherwise might be sold to the public, to offer the preference to the commanding oflficer of the United States troops at Natchez. I also gave every other instruction that can prove my disposition, to improve that friendship from which wc are to reap the immense advantages that Provi dence has intended for our nations. I am informed that Captain Guion has adhered to my proposal ; and in con currence with our commanding ofiicer at Natchez, have appointed appraisers, and under his receipt, will keep the buildings ; leaving to our courts to arrange the payment thereof. If late experience did not show to me the bad consequences of wishing to bring justification to a pitch of purity, that it is out of the human power to prove, I should try to explain the conduct of Mr. Lorimer since he has had any thing to do with Lidians ; and, though these transactions never had any influ ence from me, as until I took possession of the command in chief of these provinces, he never was under my orders. As former Governor of the district of Natchez, I have had an intimate intercourse with the southern tribes ; but I pledge you my word of honour that I never gave any talk injurious to the in terests of the United States. Before the treaty, that I had a right to treat with those nations, as free and independent ones, I advised them to be at peace among themselves, aud with all the white people, and to be steady to their engagements towards us, in consequence of .our ancient and repeated treaties, in the same manner that we kept ours, by furnishing them traders and presents ; but never, never did I excite them to be the -scourge of the human race, by the exercise of those cruel ties, that with horror, we bring to our recollection. Since the treaty between the United States of America and the King, my master, I gave no direct talk to any Indians, though I have spoken with some, and then I informed them of our said treaty, and made them comprehend the advantages that would result to the red people. Therefore, it is absolutely false that we had called upon the Indians for assistance, in the time of the troubles at Natchez. I even can assure your excellency that not a single oflS cer of Spain, either spoke, or commissioned anybody to speak, to the Indians in my neighborhood, to act in favour, or against any nation whatsoever ; on the contrary, my exertions were to keep them at a distance, and never to see one. About six weeks ago. Bloody-fellow came to this city, to consult me about some of their aflairs, to which I gave the answer, of which I have the honor to enclose a copy to your excellency. A few more Cherokees have lately called upon me to ask permission to cross over to the western side of the Mississippi, which I refused ; and, in the most explicit manner, informed them that in consequence of the treaty between the United States and us, I had uo more to do with them. I requested Major Free man to be present at this short conference. I assure your excellency that it is absolutely against my system to encourage the Indian nations to emigrate into our territory, and shall do all in my power to prevent it. Actuated by the.se principles, you may depend that I shall not commission any person to go on public business into any Indian nation within the territory of the United States; and I flatter myself that the same line of conduct will be ob served by the officers of the United States, with respect to our territory. _ I even request your excellency to give orders for arresting any subject of Spain that, under pretence of being commissioned by me, should be disturbing the Indians of your dependence, and when detained, if your excellency sends him to me, I shall make him sufi'er the due punishment. 13 194 Mississippi, as a Province, I have remarked to your excellency that in m^' former talks, I never made use of any expressions that could injure thepoliticalinterestoftheUnited States, and henceforth you may depend that I will make it my very particular study to be even more cautious in so important an object; and I flatter myself that the talk Captain Pope is just now giving out in the Choctaw nation is conceived in the same terms, as part of that nation remains within the territory of his majesty. I am so intimately convinced of the necessity and propriety of the officers of the respective countries, in whom power is invested, abstaining from giving real ground of offence or just reason for retaliation, that I will immediately issue the most strict orders to the commandants of every frontier post, to conduct themselves in such a manner as to ansv/er the intentions of the King, my mas ter, and the executive power of the United States, to j^romote the reciprocal interest of both nations, and make our friendship so sincere and permanent as to be considered that of one same people. These being my sentiments, I doubt not that they will sympathise witii yours, and that this my answer, fulfills your expectations in every point, without exception. V\'ithout entering into a particular detail of reasons that I suppose impelled the commandant of New Madrid to protest against the passage of Captain Guion, with the troops under his command, I flatter myself that your excel lency will judge of my opinion by tbe letter I wroteto Captain Guion on the 19th of August, 1797, by which I absolved him of the parole of honour he gave of not proceeding beyond the Chickasaw Blufls. Enclosed, I do myself the honour of transmitting to you a copy of the said letter. As to myself, I never offered the least objection to the concurrence of the troops of the United States, in the district of Natchez, and only recommended to Captain Guion not to be in sight of the forts, to prevent misunderstandings ; and though he did not accede to my proposal, I did not think it material to make it a point of discussion, being positively sure that he would not ofl'er any act of disrespect to the flag of his majesty whilst we occupied the posts; so much did I depend on the character you gave me, of this worthy officer. I am, with due consideration and real esteem, sir. Your most humble and obedient servant, IlI.\.NrEL Ci-AYOSO DE LeMOS. ilencr(d .James Wilkinson. FROJSI GENERAL WILKINSON TO CAPTAIN GCION. PiTTSBrRG, January 2d, 1798. Your building a fort at the lower Chickasaw bluff, though not in your orders, ivas, under the circumstances, very judicious, aud conforms with my views ex actly. The minister of war now approves what he would not allow in the Siniiig. Captain John Pierce has been sent by the Secretary himself, to com mand at the Bluff', with a select corps of incomparable rascals, under Lewis, Marschalk and Steele.''-- The party you left there have been ordered to report to you at Natchez. I send this letter by the Marquis de Mountjoye, an exiled noble of France, of high rank. He has been a professional soldier, and has greatly interested me with the details of his military life. He attends the Duke of Orleans and his brothers, who are bound, I understand, to New Orleans, to seek a passage to the Havana, from whence they expect to go, under convoy, to Spain, to join their mother who has escaped to" that kingdom. The conduct of the French baflles all speculation. They have gone from one excess to another, until they have thrown down everything of la"\v, of se curity, religion or principle, and have rendered infamous the name of repub lican. It appears to me that the genius of that nation, so brilliaut in science -•-"This is the first mention we have of AiulreAv ilarschalk, so well known at Natchez in after years. His name will frequently occur hereafter, and proper mention will be made of him in connection with the press. Territory and State. 19s and in war, is not at all adapted to regulated liberty, and that the convulsion will ultimately end in the restoration of royalty. In that case, when you receive ¦this letter, you will probably see the future king of France.' The Duke of Orleans is popular and a soldier. Fulfill your orders respecting foreigners, and treat the.se wanderers, who are friendly, with hospitality and respect," These distinguished visitors remained only a short time at Natchez, to view old Fort Rosalie, and then departed for Nev/ Orleans, where they remained untU the last of March, the guest of the late Bernard Marigny de Mandeville, whose father, as we have seen, was an officer under, (but no friend of ) Bienville. March 28th, 1798, Major Con- .stant Freeman, U. S. A., writes Captain Guion: " Don't be surprised that I am in this city yet. Blame M. j\I. D'Orlean.s and suite, who have occupied the governor and the whole city, for some time past. It has been impossible to transact ofiicial business or receive my dispatches until they took their departure ; and it was necessary, potu- beaucoup des raisons, that the governor should accompany them to the mouth of the river." As soon as Governor Gayoso ascertained that the United States had sent an officer of rank and character to Natchez, -^vith a sufficient force to repress any invasion of Louisiana, or any outbreak of or interfer ence with the Indians, he gave notice that imraediate measures should be taken for the evacuation, and that he would do all in his power to facihtate the operations on the line of demarkation. 1798. March 29th, the Spanish garrison quietly and properly, without any demonstration, left Natchez for New Orleans, and on the 9th AprU, EUicott, on bad terms with Captain Guion, and detested by many of the inhabitants, took his departure for Clarksville, below Fort Adams, to make his astronomical observations. In his voluminous journal, in which he deliberately records his -slanders of the dead and the living, he represents Captain Guion as a violent, overbearing man, who insulted the Permanent Committee of -citizens, and insulted Don Jose Vidal, (who had succeeded Major Minor as comraandant at Natchez,) and that he evidently desired to ¦estabhsh an arbitrary, military rule. These charges are distinctly made in his journal, p. 162-8. These charges are thus refuted : 1798. On the 14th April, Major Constant Freeman, U. S. Army, on a special mission to the Governor-General of Louisiana, writes to Captain Guion, frora New Orleans. "Gov. Gayoso has received this morning a letter from Capt. Vidal, commandant at Natchez, expressing tile highest approbation of your conduct towards Iiim, and to the subjects of the King of Spain, since you have taken possession of the posts of Natchez, "t On his arrival, with a sufficient force to protect the country and pre serve order, there was no further necessity for committees of citizens. Their functions naturally ceased ; and until the Territorial officers ar rived Captain Guion had, and was entitled to the control of affairs, in '¦These words proved prophetic. tCapt. Vidal, an oflficer of the Spanish army, was comraandant of the post of Concord and its dependencies, and in the absence of Governor Minor, was act ing governor of Natchez. He had all the characteristics ot the Spanish gentle man — proud, ceremonious, dignified, but generous, hospitable, ever ready to con fer a favor. He survived long after the change of government, ond died at his old post, leaving a large estate to his descendants, the heirs of Samuel Davis, Esq., a respected citizen of Natchez, now represented by Alfred Davis, Esq., •of Pass Christian. ig6 Mississippi, as a Province, the maintenance of public order. _ The citizens themselves took this- view of the case. Natchez, May 1, 1798. To Captain Guion, Commanding United States Troops : SiE_As it is very doubtful when the civil ofiicers for this district wiU arrive- and we are daily experiencing many iuconveuiences iu the absence of all civil authority, tbe repair of the roads, removing nuisances, keeping up a patrol,, preventing riots, and the sale of spirits to Indians, and some regulation for the security and recovery of debts, are objects essential to our well-being, and yet, for all these purposes we are without authority, and we can accomplish nothing Avithout your support and approval. As a committee, representing the inhabi tants of this town, we respectfully ask your assistance. We have the honor to be, etc., etc., David Ferguson, Daniel Douglass, Levs'is Evans, John Scott, Committee. captain guion's reply. Gentlemen — The objects enumerated in your letter are all important to- your citizens, and, until the arrival of the officers for this district, can be accom plished by voluntary association aud common consent. You shall have my co-operation whenever it may be necessary. The selling of spirits to the Indians, without a license from the Superintendent of Indian Affairs, is strictly prohibited by an act of Congress, approved May 19, 1796, and is therefore an offence against the United States and the penalties will be rigidly enforced by me. In regard to the security and recovery of debts, perhaps by common con sent you may devise some plan ; but as these matters are too closely connected with judicial and legislative powers to be touchedby me, I shall neither advise or discoun tenance any action the citizens may agree upon, and shall only interfere in case of violence or breach of public order." The following letter from Wm. Vousden, Esq., one of the most in fluential gentlemen in the province, speaks for itself: Cotton Field, District op St. Catherine, ?ilay 9, 1798. To Captain Guion, Commanding U. S. Troops, at Natchez : Sir — A few of the most respectable inhabitants of the district met at my house some days past, to consult upon some temporary plan for preserving order. We agreed to meet in larger numbers, at the tavern of Mr. Belks, and to. invite delegates from the districts to confer with us, so as to ascertain the wishes of the whole settlement. Meantime I am desired by the gentlemen who met at at my house to acquaint you with our proceedings, "desirous to pay you every respect as commander of the United States forces, and respectfully ask ing your countenance and support. But should you have information that a governor or other functionaries, are likely soon to arrive, we desire to proceed no further. I am further requested to assure you of our gratitude and respect for your course since your arrival in our country, and particularly for your stern discountenance of feuds and broils whieh -ivere so rife before "your arri val, and carried on with great acrimony against the will and interest of the peaceable inhabitants." captain guion's reply. "Sir — Eefen-ing you to the enclosed copy of my answer to Mr. Ferguson and others, I have only to say that I have confidence in yourself and such gen tlemen as assembled at your house,' and fully reciprocate ' their expressions of respect. Good order seems to prevail now in every part of your settlements, and my Territory and State. 197 ;auth ority shall be promptly exerted when necessary to preserve it, strictly within the limits prescribed by my instructions' from the Secretary of War and the ¦eommander-in-chief." Thus, by this correspondence, we refute EUicott's statement that Captain Guion desired to establish an arbitrary rule, a statement which, with other calumnies from the same quarter, has been adopted by his torians, and is now for the first time, shown to be false." May loth. Colonel Hutchins writes to Captain Guion : "Your letter to the people of Natchez hath fgiven general satisfaction. It hath silenced the malicious report noised about by Ellicott, that you desired to establish martial law. The people are undeceived, and with Lieutenant Pope, they now say there is no truth in that mischievous man. Mr. Burnet, Mr. ¦Gibson and Mr. Hoggatt have made made it their business to ride to every beat and put up copies of your letter, and thus strip the mask from that designing man."" .' 1798. The commission to run the line of demarkation consisted of Andrew EUicott, astronomer, and Thomas Freeman, surveyor, on the part of the United States, with a military guard under Lieutenant Mc Cleary and the axe-men and boat hands EUicott had very unnecessarUy brought from Pittsburg. Much better men could have been had here. On the part of Spain, Don Stephen Minor, Commissioner, Sir Wm. Dunbar, astronomer, with a surveyor, and a mUitary guard. The notorious Powers had been nominated surveyor by Governor Gayoso, but Sir Wm. Dunbar refused to serve with him. . August 19th, Major Freeman writes Major Guion frora ClarksviUe : "Ellicott landed here on the lOtli and camped with his gang. They have done nothing since but eat salt pork and guzzle whisky. It is obvious to every one that he is making a job of his appointment. His inconsistencies, duplicity, ab surdities and immoralities are disgusting."! "-•¦I find among my ilS. but one warrant issued by Capt. Guion : Natchez District, Mississippi Territory. To Reuben Baxter, Greeting : You are hereby empowered and commanded to take the body of John McDowell of this district, physician, and him;forthwith bring before me, to answer unto the complaint of James Clark of the same place, respecting certain felonies, declared on oath to have been committed, and hereof fail not, and make due return. Given under mvhand and seal, this twenty-fourth of July, 1798. I. Guion, Captain Commanding. fAs Mr. Ellicott, in his journal and oflficial correspondence traduced many worthy persons, living and dead, and did not hesitate to break open private let ters, surreptitiously obtained, and represents himself as pure and immaculate, it is but justice to show what manner of man he was. This can be seen by reference to the deposition of Maj. Thomas Freeman before the court-martial at Fredericks burg, convened September 1, 1811, for the trial of Major-General James "Wilkin son. The witness was a man of the highest character, then and until his death holding a responsible position under government, and he charges EUicott, under oath, with untruthfulness and official corruption, and with conduct personally most degrading, indecent and beastly.— Wilkinson's Memoirs, Vol. I, Appendix No. XXXII. Mr. John Walker, son of Peter "Walker, the first clerk of the court at Natchez, and brother of the late Governor of Louisiana, in a letter dated Philadelphia, June 1, 1800, says : "Mr. Ellicott and the rest of us had a very disagreeable voyage from Savannah to this city. The woman Mr. Ellicott brought to Natchez with him and had with him on the survey, became deranged on the passage, and but for Mr. Collins, Mr. Anderson and myself, would have killed herself. She is now frantic, and chained in a mad-house. Mr. Ellicott must feel remorse for forcing 198 Mississippi, as a Province, June 10th. "Governor Gayoso arrived at our camp on the 31st, with his private sec retary and several staff ofiicers. Next day he examined the work that had been done, and was pleased to approve it. He was quite complimentary to all of us, and is certainly a most polished and agreeable gentleman. Governor Minor gave a superb dinner of game and fish, dried fruits, and madeira fit fer tile gods. You know his talent for entertaining, and his cook is perfect. Next day Governor Gayoso left, having given Minor and Dunbar full powers to act for the King, well pleased, he said, with all he saw, but better pleased,. no doubt, to get away from this paradise or pandemonium of bugs, fleas, mus quitos and snakes, and from conceited Ellicott, and his brazen-faced dul- cinea.'' A few days after the Spaniards evacuated Nogales, Major Kersey, with a detachment of United States troops, took possession. He was followed by Col. John F. Hamtramck with the ist regiment, who, after remaining a short time at Natchez, established his headquarters at Fort Adams.* General WUkinson arrived August 26 th and immediately concen trated the troops at Loftus Heights, where he constructed a strong earth work, magazines and barracks, and designated it Fort Adams. He paid a visit to the Boundary Commission, and finding Ellicott at war with Lieutenant McCleary and Major Freeman, he transferred the former to other duty and appointed Daniel Burnet surveyor. Major Freeman he employed as engineer to lay out and construct the forti fications, j" her to remain on the line with him, during the whole survey, against her own wishes and the remonstrances of his friend.s." This i.s the man that some partisan writers have held np as a model gentleman,, patriot and saint ! *Mr. LossiuT ia his Pictorial Field B;i')k, p. 56, says : "John F. Hamtramck, a German by birth, was a most useful and faithful officer. He was a resident of northern New York when the llevolution commenced and became a captain in the- Continental army. He was appointed Major in the regular armv, in 1789, and Lieut-Colonel of the 1st snb-legion in 1798. He commanded the le'ft wing of the army under General "Wayne, in the great battle of the Maumee, 1791. Lieut-Col onel of the 1st regiment infantry in 1796, and ;was retained as Colonel on the re duction of the army in 1802. He accompanied the troops to Natchez and Fort Adams. Like all Prussians he was a stern disciplinarian, but was much beloved by officers and men. He died at Detroit in command on that frontier, April 11, 18U:!. And his officers erected a monument over his remains. His eldest son was Colonel of the 1st regiment "S^irginia Volunteers in the war witli Mexico. t MAJOR CUI0N','^ OPINION OF ELLICOTT. E.vtract of Letter from Maj. Isaac Guion, Commandinij U. S. Troops, to James Wil kinson, dated Nalcher, May ,5, 1798 : "EUicott left here on the 9th nit., for "Willing's bayou, a little below Mr. Daniel Clarke's plantation, where he now is, doing little or "nothing. He has very much lessened liimself and sullied the commission he holds by his conduct, both'before and after his arrival here. I did not believe it till I sa\"v it, and had supposed it calumny. _ He is clearly striving to make a job out of his office, and difficulties and dehiv in running the luie attributed to the Spaniards are really occasioned by his in trigues, to proloii;; his commission and per diem." GOVERNOR JIINOr's OPIl^ION. Letter to Purler Walker, F.srp, Natehe-, dated Chatahoochie, August 24, 1799; "I am sorry I can return you no equivalent for your favor of the 2d, ult., so fulK Territory and State. 199 The commissioners appointed by Governor Gayoso, Avere Don Ste phen Minor and Sir Wm. Dunbar, both noted personages in their day. The first was a native of Pennsylvania, of a well-known family, who had received a liberal education, and at an early age turned his foot steps to the West. He visited Pittsburg, Vincennes and St. Louis, where he made the acquaintance of Colonel Howard, an accomplished Irishman in the Spanish service, and by hira was induced to go to New Orleans "ivith dispatches for the Governor-General. He made a favorable impression on that high functionary, as he never failed to make on every one whom he desired to please, and wa3 soon commis sioned a captain in the royal army and assigned to duty at Natchez. From this moment until the final evacuation it was found expedient to retain him at Natchez. He never lost the confidence of the Spanish authorities, and exercised more influence than any f )i"eigner in their employment. He blended a convivial and social te;.;iperament with great dignity of manner, and shrewd, practical sense. He had remark able financial abilities ; rapidly accumulated property, and was hospi table and liberal. When Gayoso was transferred to New Orleans, Don Stephen Minor succeeded him as Governor of the Natchez district, and represented the Spanish government on the boundary commission. Governor Minor, like all public men of pronounced characteristics, had warm friends and determined enemies. His official position, in the last days of a Spanish colony, overflowing with a new population with republican ideas, naturally brought him into collision with many, a*nd no public raan of that era has been more misrepresented. But this, in a great measure, was the result of his position, and of bis hon orable fidelity to the government, whose commission he held. He was not faithless like Daniel Clarke, and the notorious Powers, to those who had given him their confidence, but like a soldier and a man of honor, continued true to the Spaniards, until they parted with the dis trict. He then took the oath of allegiance to the United States, and, as ¦will be seen hereafter by the papers of General Claiborne, rendered of incident and anecdote, but in this solitude it is out of the question. Wear- rived here July 2oth, after many difficulties. We found the Indians strongly op posed to our farther progress. We convened a general council and after many long ''talks" and tedious ceremonies, they finally consented that we might pro ceed. During these "talks," which are tiresome and monotonous beyond conception, many ot our horses were stolen. They, however, promised to have the horses returned, and that no more should be stolen. Everything was made straight, the grand council broke np, and each of the chiefs gave glowing assurances of their friendship for the Spaniards and Americans. On the very night these solemn declarations were made fifteen of our best animals (the rascals are good judges of horses) were carried oft', and every night since, nothwithstanding our vigilance, they have got away with several. Occasionally some adroit fellow steals one of these in return, and brings him in to us, to prove his friendship as he says, but always demand a reward equal to the value of the horse. We notice, too, that they always bring the poorest and most in fcrior of our stolen horses. In this disagree able position we have been one month, and may be another, for it has not ceased to rain every day, more or less, since the 20th June. The nights, fortunately, are bright and clear, and we have improved thera to make the requisite observations. The boundary will be twenty-five or thirty miles above the month of Flint river, and not below it as has heretofore been conjectured. We shall lose no time, when the weather perraits, in pushing through to St. Stary, our last station, thank God ! I am truly tired of this business, and regret I ever consented to undertake it. Your son is a fine fellow and has served us faithfully. He is greatly dissatis fied with Ellicott, and so is every man in camp. He is not the man wc took him for, nor has he a friendship for any man in this world. No regard for the social proprieties. Some day you shall know it all." 200 Mississippi, as a Province, valuable services to his country. He enjoyed life, and contributed freely to the enjoyment of his friends and the promotion of their for tunes. He died at Concord, and Avas there buried. The other commissioner was Sir William Dunbar, youngest son of Sir Archibald Dunbar, of Elgin, one of the most ancient and famous of the earldoms of Scotiand. He had been thoroughly educated at Glasgow, where he evinced such a faculty for mechanics and mathe matics, that he was induced to repair to London to pursue them. There he made the acquaintance of the celebrated astronomer, Her- schell, Mr. John Swift, Dr. Thornton, and other men of science, and for some time devoted his studies to optics and astronomy ; but his health failing, he resolved on a voyage to the British North American colonies. The eminent firm of Hunter &. Bailey furnished him with an assorted cargo of merchandise suitable for the Indian trade, to the value of _j£'iooo. He landed in Philadelphia in AprU, 1771, and by the advice of Mr. John Ross, a great Scotch merchant of that city, immediately dispatched his goods to Pittsburg, then the chief point for the trade in peltries. He pursued this business with reasonable success, until about 1773, when he formed a partnership with Mr. Ross to estabhsh a plantation in the British province of West Florida. He descended the river, exploring the country, and fixed upon a place in the vicinity of (he British garrison at Baton Rouge, then called New Richmond. He made a voyage to Jamaica where he purchased his negroes, brought them to Pensacola, then the seat of government ; secured the land he had selected, and made his way thence by the lakes and up the Amiteto Manshac. Here he resided twenty years, accomplishing muchbyindus- try, frugality and science, but losing as fast as he accumulated, by the vicissitudes of the times. In 1775 he lost a number of his most valu- ble slaves, by their becoming involved in an insurrection. In 1778 a banditti, headed by WiUing, who only the year before had been a guest at his house, and received the hospitalities of the district, strip ped his premises of all that they could find. In 1779, when Colonel Dickson surrendered the country to Galvez, his house and plantation were plundered by the "bummers" of the Spanish array, his fences burned and his crop destroyed. In 1792 he removed to Natchez and opened the well-known plantation called the "Forest." Here he first cultivated tobacco until it ceased to be a profitable crop, owing to the competition from Kentucky, and difficulties in New Orleans. Next indigo, which was abandoned in consequence of the ravages of an insect. Then cotton became the staple, and with its introduction the people rapidly grew prosperous. Mr. Dunbar brought his knowledge of chemistry and mechanics into the culture. Fie made his plows and harrows on scientific principles ; improved the cotton gin ; invented a press ; first suggested the manufacture of cotton seed oil ; pro duced at home all the necessaries of life ¦ and in a few years purchased the entire interest of his partner, leaving him the sole proprietor of a princely estate. He -ivas appointed surveyor for the district. In 1798 he was appointed astronomical commissioner on the part of Spain, to determine the boundary, and by his minute and accu rate observations the cardinal points were established. Having ac complished all but the merely mechanical part of running out the boundary from the point of latitude which he had estabhshed, the work of the surveyors, he withdrew from the commission, returned to Natchez, Territory and State. 201 and Governor Sargent having arrived, he took the oath of allegiance to the United States, and was immediately appointed chief justice of the court of Quarter Sessions, an important position which he fiUed with ability. He maintained a correspondence with Sir Wm. Her- schell. President Jefferson, Rittenhouse, and other learned men, and obtained from London a costly telescope and a complete set of instru ments for his observatory and laboratory. From this remote country, then regarded as a wUderness, he traced the course of the planets and made experiments in chemistry, and solved problems in mechanics, that were eagerly adopted by the philosophers of Great Britain, and his name became familiar to the academicians of the continent. Mr. Jefferson solicited his correspondence. At his instance Mr. Dunbar explored the Ouachita to its sources, geologically one of the most interesting fields in America. His reports of that exploration ; on the delta of the Mississippi; and on the "sign language" of the Indians, a remarkable medium by which the most remote tribes inter-communi cate, and his classification of the tribes, are among the most valuable contributions to the American Philosophical Society. This useful and virtuous citizen, the most distinguished scholar in our annals, died at the "Forest" in 1810, leaving numerous descendants and a fortune to ¦each of them. OHAPTEE XXI. N THE i2th June, 1797, President Adams, in a special message, recommended to Congress ' ' to erect a gov ernment in the district of Natchez, similar to that es tablished for the territory northwest of the Ohio, witli certain modifications relative to titles or claims of land, whether of individuals or companies, or to claims of jurisdiction of any individual State." The recomraendation was referred to Messrs. Se^wall, of Mas sachusetts, Findley, of Pennsylvania, Schuraaker of New Jer sey, and Harper, of Maryland, with orders, to report, by biU, or otherwise. November 23. At the ensuing session the President again reminded Congress that the Spanish garrisons were still maintained in our terri tory, and that the demarkation of the boundary had not been com menced. It does not appear from the journal that the committee had made a report, nor is there any trace of the matter until March 6th, 1798, the House was notified that the Senate had passed a biU " for an ami cable settiement of limits with the State of Georgia, and authorizing a government in the Mississippi territory." After a second reading the bill was referred to the same committee, and on the Sth AprU it became a law. It applied to us the ordinance of July i8th, 1787, which introduced the common law, permitted slavery as it existed, but prohibited the introduction of slaves from foreign parts. In the meanwhile, impatient of the dilatory action of Congress, the inhabitants of the district began to make themselves heard. Februaiy 2d, 1798, was presented a memorial from Robert Ashley and others, of the Natchez district, praying for confirmation of the Spanish land grants, under which raost of thera held, and for a government, with certain modifications, such as had been established for the northwest territory. Memorial of Thomas Burling and others, to the same effect. Memorial of John Henderson and others, of the Natchez, praying for aid to establish and support a regular ministry of the gospel, and of schools for the education of their youth.* ¦-"This .ijood man was a native of Scotland. AVas the first auctioneer and general cominission^raerchant established in Natchez; in 1802, was appointed by Governor Olaibornc treasurer of the county of Adams and city of Natchez ; wa's, for many year.'!, eteler ot the Presbyterian ehurch and foremost in all good works. He Territory and State. 203 Memorial from John Caller and others, of the Tensas and Tom bigbee settiements, referring to the conflicting land tities, their ex posure to Indian and foreign hostUities, and the necessity of a special stipulation with the Spanish government for the free navigation of the Mobile and Tombigbee rivers. 1798. The President appointed Winthrop Sargent, Governor, and John Steele, Secretary of the Territory. The new Governor was a native of Massachusetts, of the race of the Puritans, and with many of the peculiarities of that remarkable people. He had been a captain, afterwards major, and a brave and efficient one, in the brigade of General St. Clair, during the revolutionary war, and had distinguished himself in the Jersey campaign. He is next heard of in 1786, when General Sam. H. Parsons, General Benj. Tupper, General Rufus Putnam and others, formed the New England Ohio company, f The first meeting was held in Boston, March ist, 1786, when Winthrop Sargent appeared as a delegate from Suffolk, and was on the committee to draft the articles of association. The object was to purchase a large body of land in the northwest, establish a colony, and have the members of their company appointed to the various offices in the new Territory about to be organized. They arranged a very comfortable slate among themselves. Patsons was to be Governor; Putnam, Surveyor-General; Tupper, CoUector of Taxes, and Sargent, Super intendent of Indians. Rev. Dr. Cutler, a man of learning, activity and tact, was made general manager, with authority to make a con tract with Congress for the land. He proved himself an expert lobbyist, the first of that calling, now so numerous and pernicious, that appeared in this country. An abstract of his proceedings will be found interesting and instructive. The doctor arrived in New York, where Congress was then sitting, July 5th, 1787, carrying with him sundry letters of introduction, among them, one to R. H. Lee, and other "Virginia members, Me lancthon Smith and ; General St. Clair, who was then President of Congress. He called on all these gentlemen, and next day was in troduced by Col. Carrington, of "Virginia, to the leading members, and had his proposition presented and referred to a comraittee. "July 7th. Introduced by Mr. Kittenhouse to Captain Thomas Hutchins, Ge ographer of the United States, who, as Geographer-General to the King, had explored and described the Valley of the Ohio before the revolutionary war. Consulted with him where to make tiie location.'" .July Qth, waited again thi% left a numerous family, worthy of their father, two of whom were Presbyterian ministers. Natchez thus early evinces that interest in religion and education which has been, ever since, characteristic of her citizens. tGeneral Tupper was afterwards appointed surveyor from Massachusetts, under Surveyor-General Hutchins, to survey the Northwestern Territory. *Elder brother of Col. Anthony Hutchins, of Natchez. A native of New Jersey, educated as civil engineer, afterwards captain of the 60th regiment in the British service. Appointed Geographer-General to the King, and explored the West before the revolutionary war. Like his brother, when the war broke out, though a loyalist in sentiment, not wishing to fight against his countryraen, he retired on half pay. Shortly after the war, he was appointed by Congress " Geographer-General," (Surveyor-General) to survey ;and divide the country northwest of the Ohio, with a staff of surveyors, one to be appointed from each State. He resided and died in Philadelphia. He published his account of Loui siana and West Florida, iu 1784, and his account of Pennsylvania, Virginia, Mary- 204 Mississippi, as a Province, morning on Captain Hutchins. He gave me the fullest information of the country from Pennsylvania to the Illinois,'and advised me, by all means, to make choice of the Muskingum. Attended the committee and theu spent the evening with Captain Hutchins. Went early to the Committee, where the de bate showed that our views were wide apart, and then repaired again to Captain Hutchins for further consultation. July 19th. A number of members are opposedJto my proposition, some to making any contract ; must ascertain who these are, and, if possible, bring them over. Grayson, B. H. Lee and Car rington are my warm advocates." All Viiginians and leaders in Congress, who had just seen their noble Common"\vealth give away the great erapire of the West to ap pease the sectional jealousy of the northern States! "July 23. My friends making every effort to bring over my opponents. To get at some of them I was obliged to engage three or four persons to attack in rear, flank and front, at same time. In some cases I engaged one person who en gaged a second, and he a third, before we could effect our purpose. In these manoeuvres I am much indebted to Colonel Duer and Major Winthrop Sargent. Spent the evening with Colonel Grayson and other Southern members favorable to my contract. Having found it impossible to have General Parsons appointed Governor against the interest that General St. Clair had secured, I said that if Parsons could have the first Judgeship and Sargent be Secretary, we should be satisfied ; that I should be willing to see General St. Clair made Governor, and would solicit the Eastern members in his behalf. This I found agreeable to the Southern members."--- t Thus it will be seen that the first settlement in Ohio was made ay Marietta, on the Muskingum, by the advice of Tliomas Hutchins. that the Massachusetts Company obtained their lands through the lib erality of the Soutiiern members, and that General St. Clair, who was appointed Governor, and Wint/irop Sargent, who was appointed Secre tary of the Northwestern Territory, owed their commissions to the same influence. Major Sargent made a very efficient Secretary, and, in consequence of the infirmity and frequent absence of the Governor, often and for long periods, discharged all the executive duties in addition to his own. He was industrious, methodical and indefatigable; but his manners were repulsive and austere, and his temperament more ascetic than social. WhUe holding this position he received his commission land and North Carolina, in 1788. These have been incorporated in Imlay's Topographical Description of the Western Country, 3d Edition, London, 1797. _ The following letter from General Gage, Commander-inChief of the British forces in North America, will show how it was that he made the journey down the Mississippi to West Florida: New York, June 17th, 1771. Sir: Brigadier General Haldimand having occasion to employ you in West .Elorida, you will go down the Mississippi and proceed to Pensacola by the first conveyance after the receipt of this letter. The instructions for your proceeding are ransmitted here-with, which you will not divulge, and I transmit you also a passport,which latter I am to hope will procure von any assistance you may stand in need of at the Spanish posts'. I acquaint Lieutenant-Colonel Wilkins of vour orders to go to Pensacola, and if he can obtain a passpport or letters of recoinmendation from the Spanish com mander at the Illinois, it may be of use to you. I am, sir. Your most obedient and humble servant, Thomas Gage. Captain Hutchins, GOth Bcgiment, Fort Chartres. ¦•'Cutler's Journal. Territory and State. 205 as Governor of the Mississippi Territory.* Before he left Cincinnati he was duly informed by the Secretary of State of the condition of the Natchez district, the temper of the community, the necessity of being both firm and concUiatory, and was advised to follow the example of his Spanish predecessor in cultivating agreeable social relations with the citizens. That he received this advice is manifest from his reply, May 29th: " I do indeed accept your remarks in good faith, and you cannot confer on me a greater obligation than by continuing them. They may be honorable to myself and useful to the new government. The footing on which Governor Gayoso lived with the inhabitants may not be equally in my power to observe, from the difference between the American and Spanish appointments. It shall be my study to conciliate and attach all parties to the United States." His nomination to the office, it appears, was by no means approved by all of those who knew him, and who knew^the people of the terri tory. In this same letter he writes : "The opposition to my appointment, and the news which preceded the same, was very mortifying to me. As it was, however, only because I have been an Eastern man, the efi'ects thereof are done away with. And to declare myself honestly, I should have felt myself infinitely more honored in one single nom ination to a dignified trust, than dishonored or mortified by half a dozen rejections." The opposition to the nomination was not sectional, as the Governor supposed, put personal, based on his utter incompatibility in tone, temper, sentiments and manners with the people he was sent to, and on the opposition to both Governor St. Clair and himself in Ohio. There was very little sectional feeling at that day, and what there was, prevaUed only among Eastern politicians against the South. In 1787 South Carolina ceded all her immense territorial claims without further consideration, than ' 'her desire to adopt every measure to promote the honor and dignity of the United States and strengthen the federal union." Noble words, that should be inscribed on the monument at Bunker's HiU, as a perpetual reminder of a generous and self-sacri ficing people ! Virginia, from the same motive, and to appease East ern jealousy, had given away her vast territories in the West, and Georgia afterwards followed her example. The journal of Dr. Cutier, already quoted, shows that the first New England colony in the West obtained their grant through Southern influence, and that General St. Clair, of Pennsylvania, and Winthrop Sargent, of Massachusetts, owed their appointments mainly to the same. The new Governor was a man of strong convictions and prejudices, and, unfortunately, these prejudices against us had taken firm hold before he arrived at Natchez. In his last letter from Cincinnati to the Secretary of State, June i6th, he says : "From the best intelligence I have been able to procure there prevails in the country of our destination, a, refractory and turbulent spirit, with parties headed by men of perverseness and cunning. They have run wild in the recess of government, and every moment's delay in the adoption of rules and regula tions after the ordinance shall be promulgated, must be productive of growing evils and discontents." ¦'•"Sir Wm. Dunbar, in a letter to Mr. B,oss, May 23d, 1799, draws this portrait of the Governor : " I returned from the boundary line with our new Governor, who had been to pay a visit to Mr. Ellicott. I am on as good terms as it is possible to be with a man of his phlegmatic and austere disposition. However good his in tentions may be to do what is just and lawful, or even praise-worthy, it is impos sible that a man so frigid and sour can give satisfaction to a free people !" 2o6 Mississippi, as a Province, Thus he had adopted this bad opinion of the people, before he left Ohio, and came prepared to restrain their "refractory and turbulent spirit," and to punish their "perverse and cunning leaders," not by law, "but by arbitrary ' 'rules and regulations" which, it wiU be seen, he soon adopted, and to which the patriotic, proud and cultured peo ple whom he came to rule, refused to submit. There had been a recess or interregnum of government from the 29th March, 1798, when the .Spanish commandant and garrison left Natchez, until August 2d, when Governor Sargent arrived. But Major Guion was present during the interval, with a battalion of United States troops, in the capacity of civil and military commander, m per fect harmony with the citizens, and universal tranquihty and order had prevailed through the entire district. 1798. The Governor arrived at Natchez, August 6th, in bad health. On the Sth he moved to Concord. On the i6th he addressed the peo ple in Natchez, in which, among other agreeable things, he said that ' 'personal merit and a firm attachment to the United States should be the qualifications for office under his administration, and that he should defer his appointments until he could become acquainted v.ith the people." These declarations gave general satisfaction. But to the surprise of every one, on the 23d he set out on a visit to EUicott, who was then engaged on the boundary, to have Jiis opinion of the leading people of the district, and liis advice in regard to appointments. This was a great mistake, and was the source of many of his future troubles. The Governor was a total stranger to the people. They were a mixed population, of various nationalities, but the controUing element was Southern, and it gave tone to society and to public sentiment. The immigrants frora the Southern States,' and a few English and French gentlemen settled among them, were opulent, polished, hospitable and convivial, delighted to have a chief magistrate, and an organized gov ernment, but greatiy disappointed by his saturnine temperament and grim demeanor. The Governor had quite as little fancy for their cavalier deportment and the freedom of their conversation, and with some show of reason, he concluded that EUicott, a raan of education, holding a position of trust, and who had been t"^velve months in the district, was the proper person to consult. He had, no doubt, been the Governor's correspondent, and infused into hira his own bitterness. The Governor certainly should have remembered that this man had fomented and taken partin all the factions and feuds that distracted the coramunity, while he remained in it ; that he cherished violent preju dices and animosities against many of the inhabitants, and that he was bitterly hated in return, and regarded as their enemy, and the enemy of the district. They had combatted his intrigues and his measures in their public meetings, in committees, and in their memo rial to Congress. They had been greatiy encouraged by the arrival of Major Guion, who discountenanced Mr. EUicott's intrigues, and restricted him to his professional duties, and they had flattered them selves that with the advent of the chief magistrate his baneful influence in the affairs of the district would be extinguished. But when it be came patent that the Governor had called on Mr. EUicott for counsel, and that in his camp on the boundary line, they had jointiy agreed on the appointments, and a policy, a large portion of the people felt that he had broken his voluntary pledge of the i8th August; that new Territory and State. 207 troubles ¦were about to be brought upon thera, and that they would have to rely on their own efforts and on their friends in Congress. So the Gov ernor commenced his administration with a strong opposition, undoubt edly a majority of the people, led not by "perverse and cunning," but active, able and resolute men, "^vho knew what constitutional liberty meant and were determined to have it. And they were thoroughly united. Governor Sargent returned from this unlucky conference with his suspicions confirmed into a thorough distrust of the people whom he had been sent to govern and conciliate. He adopted the personal and political hatreds of Ellicott, and in his coniraunication to the Sec retary of State supported his misrepresentations, and denounced the inhabitants as "composed of various characters, and among thera the most abandoned viUians."* This tone of abuse pervades his official correspondence. Charges made by a high official, going upon the records of the government as a perpetual meraorial of infaray, kept secret from the accused, and challenged and refuted now for the first time after the lapse of seventy years. He recommended the expulsion of certain ahens, and the necessity of transcending the laws, to maintain public order, and put down the seditious ! ' 'I am sometimes constrained to measures that imperious necessity only can justify. They will no doubt be noticed by the malcontents, of whom there are not a few ; and among them some most unprincipled scoundrels, who manage with great art and address." A bad impression to create, at the seat of government against an infant territory, which he had been sent to nurse and protect ! Re mote, unfriended, their land titles and their future status all unsettied, with only the federal authorities to appeal to, these vindictive, and persistent charges, if credited, would have closed the door, and sub jected them to a capricious and arbitrary ruler. The Governor arrested one citizen for "impudent observations," and he was strongly inclined to apply the Sedition law and arrest Major Freeman, the American Surveyor, for writing and speaking contemptuously of Commissioner Ellicott! j *When Governor Gayoso left Natchez there was but one man in the wdiole dis trict, in prison. And the only persons who might properly be styled "villians," had been employed by Ellicott to intercept private letters and to rob citizen,?, on their way to the seat of government with the remonstrances of the inhabitants. See further on the letter of Col. Cato West to Sargent, to show the peaceable and orderly condition of the whole district. General Wilkinson in his letter of in structions to Captain Guion, speaks of the inhabitants of the Natchez as wealthy, cultivated and refined. t"Be on your guard," writes Major Gnion from Natchez to Major Freeman, then on the Boundary survey, "how yon talk and write about your great man. Our great man here don't relish it." Thomas Freeman was born in Ireland, came to fhe United -States in 1784; took the oath of allegiance immediately, and entered the public service it 1T93. Pres ident Washington specially designated him as .surveyor to accompany the astron omer Ellicott. They repaired together to the line, but when General Wilkinson visited their camp he found very unpleasant relations existing between them. Freeman was transferred to the encampment at Loftus Heights, and intrusted with the superintendence of the fortifications. Subsequently he was appointed surveyor-general of Mississippi Territory, which office he held until his death, m the old town bf Washington, in 1S21. By his will he left 32000 "for the education of his ward, John I. Guion," second son of his old friend Major Guion, and who afterward became distinguished at the bar, on the bench and in the councils of 2oS Mississippi, as a Province, Governor Sargent again writes to the Secretary : "Diffused over our country are aliens of various characters,^ and among them the most abandoned villians who have escaped from the chains and prisons of Spain, and been convicted of the blackest crimes. It would be wise policy to provide for extirpating such from our territory. We have no prisons, and the vilest oflFenders therefore calculate, with some certainty on impunity. I have done everything in my power, more perhaps, but I trust necessity will plead my justification." "No prisons." The very fact that in a district that had been under the British and Spanish authorities, and that had been several months without civil authorities and then under military rule, there were no prisons and no criminals, of itself refutes these wholesale charges of Governor Sargent. In another letter of same date he says: "Natchez, from the per verseness of some of the people, and the ebriety of the negroes and Indians on Sundays, lias become a most abominable' place." And he sug gests the use of the miltary to repress it ! * He had serious thoughts of seizing the CathoUc Church building and converting it into a court house, but said it ' 'might hurt the feelings of about a dozen CathoUc families and give offense to the King of Spain, who had it buUt." He recoraraended the issuing of orders, prohibiting aliens from traveling through the Territory without passports. And soon after issued a proclamation directing "all persons not actuaUy citizens inhabiting the Territory, or some one of the United States, to report themselves, within two hours after their arrival at any of the settled posts of the Territory, to a conservator of the peace, under penalty of imprison ment. And prohibiting any citizen from entertaining or comforting any person neglecting to comply with the regulation." He ordered the arrest of John Caliban and Wm. West on suspicion of being associated with Zacariah Coxe in his old land speculations, in Tennessee. Coxe had been arrested by his orders but had escaped, or rather his guards had permitted him to escape. He went below the line, into Spanish territory, and Gayoso refusing to arrest him. Governor Sargent brought the matter before General WUkinson, and says: "Could we rely on any of the soldiers in the fort, the affair would wear a good face, and promise us success." He informs the General that he has arrested one White for "impudent observations." Finding the military not disposed to sympathize in these arbitrary and uncaUed for proceedings, he recommended the removal of all the sol diers from Natchez, "to save the men frora debauchery, and for other reasons of national importance ! " His greatest stretch of authority was his appointment of a citizen, (a very worthy one) with full power to administer on the estates of decedents, taking bond, security, etc., thus, by a single conimission, creating an office, prescribing the laws for its administration, and ap pointing an officer to fill it ! Truly has it been said, by an astute com mentator, "Royalty could do no more."j- The Governor organized the Territory into the counties of Adams *It was the custom at that time, as it had been under the French and Spanish i-e,L;iines, after mass on the Sabbath to devote the day to picnics, visiting, etc. The same custom prevails in New Orleans, in France, 'Italy, Austria, and many parts of Germany. But in the Governor's opinion these were unlawful excesses that should be repressed by the bayonet 1 fThe late Hon. John M. Chilton, of the Vicksburg bar, in DcBow's Eeview. Territory and State. 209 and Pickering, and proceeded to make his appointments, some good, and some very obnoxious. Of the three judges commissioned for the Territory, by the President, Bruin, Tilton and l^cGuire, only the last named was a lawyer. Tilton and McGuire aided the Governor in concocting a code of laws incompatible with the spirit of our institu tions and -with the Constitution of the United States, raost of which were annulled by Congress, and soon after this worthy pair disap peared and never returned. These laws were copied chiefly from an arbitrary code framed when Sargent was Secretary of the Northwest Territory, in conformity with his notions of expediency, and not drawn, as the ordinance for the Northwest Territory provided, from such laws, criminal and civil, of the other States, as may be best suited to the circurastances of the district. When Secretary Sargent, and the judges, submitted to Governor St. Clair their code for the Northwestern district he vehemently protested against it, but finaUy succumbed, and right there commenced the op position to St. Clair and Sargent that in a short time made Ohio thor oughly Jeffersonian. These oppressive laws had been condemned by Congress in 1795. V"et, not profiting by the lesson, Secretary Sargent, when appointed by President Adams, Governor of a Southern' Terri tory, proceeded with Tilton and McGuire, to frame laws not only not drawn, as they were required to be, from the statutes of the other States, but repugnant to the established principles of jurisprudence derived from the common law of England. Against this code, and the exorbitant fees exacted on passports to leave the country, and on marriage and tavern licenses,* a large majority of the people, embrac ing its almost entire American and fighting element, protested. Led by such men as Cato West, Thomas M. Green, Narsworthy Hunter, Gerard Brandon, Hugh Davis, Samuel Gibson, Thomas Calvit, Alex ander Montgomery, Felix Hughes, David Greenleaf, John BoUs, Ebenezer Dayton, Randal Gibson, Francis Smith, Wm. Erwin, Ebene zer Smith, John Foster, Joseph Calvit, Israel Luse, Moses Bonner, Richard King, Henry Hunter, Patrick Foley, Wm. Conner, Sutton Banks, Jesse Carter, Thomas Lovelace, George Selser, Parker Carra dine, Abner Green, Robert Throckmorton, Jesse Harper, Robert MU ler, Thomas White, James and Thos. Foster, Gibson Clark, Tobias Gibson, Mathew Tiernian, Wm. Foster, and others, they appealed to Congress to cancel and annul these laws, to put a stop to these exor bitant and injudicious fees, and to give them a voice in the framing of their own laws, by advancing them to the second grade of Territorial government; all which, in due time, was granted in conformity with the prayers of the petitioners, against the persistent opposition of the Governor and his adherents. The act of Congress provided for a CouncU (or Senate) of five members to be appointed by the President, and four representatives from the county of Adams, four from Pickering, and one from the new county of Washington, on the Tombigbee, which had been organ- *Eight dollars for a marriage license, eight dollars for the privilege of lodging and feeding travelers, to be paid to the Governor as a perquisite, without any W'arrant of law ! Every person who had occasion to leave the Territory had to pay him four dollars for a passport, and every one coming into the Territory to report immediately to a magistrate ! The United States paid the judges, but by the Governor's code they were likewise allowed fees on judicial processes I 14 2IO Missis.sippi, AS A Province, ized AprU 4th, 1800, embracing the whole country from Pearl river to the Chattahoochee — these to be chosen by the people, allowing one representative to every five hundred free white males. The legacy EUicott had left to the district was the poisoned shirt of Nessus. Fie had departed, never to return, but his mischievous in fluence infected the whole of Governor Sargent's administration. The Governor was fanatical and suspicious, like his Puritan ancestors. That he was honest and conscientious will not be here doubted, but the same virtues must be conceded to his opponents, whom he had so persistently traduced. He was violently attacked and accused. The attacks were justifiable. The accusations, so far as they imphcated his personal integrity, were unjust. His patriotism and good inten tions are not here disputed. But there was a general incompatibility — an antagonism of opinion, tastes, manners and sympathies between him and the citizens, and it cannot be said that ' ' he was the right raan in the right place." He -was, however, both corabative and courageous, and gave back blow for blow. Like his covenanter fore fathers who died, under the sabre of Claverhouse, with their bibles in their hands, he held to his arbitrary doctrines and notions of official infallibility to the last hour of his political life. The citizens opposed to Governor Sargent determined to carry the conflict before Congress, and for that purpose appointed an agent to repair to the seat of government, who carried v.tith him the following credentials : " The undersigned, a general Committee, regularly chosen by the inhabit ants of the Mississippi Territory, in the several districts of the same, for the purpose of seeking, by the constitutional mode of petition, redress of the grievances which oppress this country ; having drawn up and signed two peti tions of this date, to be laid before Congress, one for confirmation of the rights to our lands, etc., the other against the improper and oppressive measures of the Territorial government, and praying for a legislative assembly, do hereby nominate and appoint, as our special agent, our fellow-citizen, Narsworthy Hunter (distinguished for his attachment to the United States,) to lay before Congress our aforesaid petitions, in full confidence that he will execute the trust reposed in him; and he is hereby authorized to make such explanations and further representations of tbe facts as he may find necessary during his continuance at the seat of government as Agent for this Territory, and we pray the honorable Congress to give full credence to his representations in our behalf. Gerard Brandox, Cato "West, Hugh Davis, Ebenezer Smith, Samuel H. Gibsox, John Foster, Wm. Erwin, Joseph Calvit, Alexander Montgomery, John Bolls, Thomas C-Vlvit, Felix Hughes, Thomas M. Green, Ebenezer Dayton, Francis Smith, David Greenleaf, Moses Bonner, I.-^rael Luse, K..VND,\.LL Gibson. Natchez, October 2d, 1799. The petition set forth — " That from the vast distance of the district from the seat of governmeut, and all other settled portions of the United States, Congress could have but a partial knowledge of it or of the temper of it.s inhabitants ; and that they had been grossly misrepresented bv Andrew Ellicott, in his communications to the President and Secretary of St'ate, and by Governor Sargent, who derived his opinions from Ellicott. Soon after EU'icott's arrival, he recommended for this Territory and State. 211 district a government similar to that provided for the Northwestern Territory, two sections in their people and institutions entirely dissimilar. His recom mendation was made without color of authority, and merely, in the interest of himself and his satellites, who were chiefly those who had been favorites of the Spanish governor. Under our governor, those who enjoyed tho patronage of the Spaniards, are tbe exclusive recipients of executive favor,, and those who felt it their duty to oppose the intrigues of Ellicott are considered little better than a conquered people. "We have no hope of seeing a militia organ ized capable of efficient service. The ofiicers have been appointed in groups, not residing among and unknown to the men whom they are to command — appointed not on the recommendation of the sixty-four men who constitute a company, but at the instance of two or three favorites, of doubtful patriotism, and obnoxious to the people. Governor Sargent's letter of December 20tli, 1779, to the Secretary of State does us much wrong. He represents us as beln.g soured with the government of the United States. This is extremely incorrect. Many of us have fought for the government, and all of us anchor our hopes in it. It is not with our government we are soured, but with executive caprice, oppression and intrigues at home, and an experi ence of these under the preceding dynasty has taught us to dread them now and to avert them by every means available to freemen. Upon his Excellency's arrival, we had the highest hopes of his administration, but we confess our disappointment. His promulgation of laws, framed by himself, in direct vio lation of the ordinance of 1787, and subjecting us to arbitrary taxation and exorbitant fees at his own pleasure, are alarming enough. Communications to the Governor, complaining of these grievances, receive no attention. Wc, therefore, pray your honorable body to extend to us the second grade of gov ernment contemplated under the ordinance, with such additions and modifica-. tions as may be adapted to our peculiar conditions." This memorial was accompanied with a copy of their letter to Gov ernor Sargent : " Your Excellency will bear in mind that for a long time before the arrival of Mr. Ellicott, two parties had existed in this district, one composed of the planters, mechanics, etc., chiefly natives of tbe United States. The other, of miscellaneous characters, informers and a train of court sycophants, who had been in the habit of influencing the Spanish authorities for their own selfish ends, at the expense of the body of the ^inhabitants. This latter party, it is notorious, got possession of Commissioner Ellicott. For want of a manly con fidence, or for want of personal courage and integrity, he fell into the snare ; and under a pretext that the peoi^le were doing wrong, he shunned those whose counsels he should have taken, {including every officer of the United States then in the country,) and threw himself into the arms of ex-Spanish functionaries, and became a principal and active instrument in creating tumults and disaffection. After deserting and betraying the people, and abandoning the best interests of the United States, we are to view him now as engaged in new intrigues against us. Nothing can convince the people of this country to the contrary. While some of his coadjutors were propagating the impression that the United States would never get possession of the district, he took particular care not to contradict the report. And while these opinions were intimidating and discouraging the people, he secretly informed the Spanish governor that Colonel Hutchins, Colonel Green and Ebenezer Dayton had each made propositions to seize him (the governor) and carry him out of the country ! His opposition to these three popular characters was because they had censured his inefficiency in not carrying the treaty into effect. When Captain Guion arrived and swept away his importance, Mr. Ellicott used every exertion to excite the people to assert a right to govern themselves and to control the military; that their liberties were in danger. This is the man who (to finish his mischievous labors) has given the present austere and unaccommodating tone to your administration, so foreign to the genius of the constitution, and so humiliating to a free and proud people. When he could profit no longer by fomenting ciuarrels in the first person, he has reached us by his influence over you. The impressions he has made of us not only degrade us before the country, but they encourage here the factious and disorderly. The exertions and influence of this man may 212 Mississippi, as a Province, be considered an unerring barometer of the state of public order. He kept us-. in perpetual commotion. But when Captain Guion took the command, tran quility was everywhere restored, notwithstanding EUicott's unremitted efforts. to create distrust between him and the people. Upon your Excellency's arrival the people were ready to embrace you as a father. There was universal rejoicing that an American Governor had come. Your address of the 16th August, stating that merit and a firm attachment to the United States should be the qualification for office, and that you postponed your appointments until you could become personally acquainted with the people, was received with satisfaction and applause. But without waiting for this, you went directly to EUicott's camp, and, as we firmly believe, you re turned with your list of appointments, made out there by the American com missioner, and we hear no more of your seeking an acquaintance with th& people and their wishes. We admit that some good men haye been appointed to office, but the numerous rejections and resignations of your Excellency's ap pointments demonstrate the impossibility of reconciling the people to the in fluence of Ellicott & Co.---- We entreat your Excellency to divide the Territory into proper districts. Let the people have the privilege of recommending their militia ofiicers. Let your field officers be Americans, who have never been concerned in foreign in trigues, and your magistrates should be of the same character. Some of your laws cannot be reconciled with the constitution of the United States, or with the laws of the States. By your code, any person convicted of treason incurs the death penalty and forfeits all his projierty, real and personal, to the Terri tory. The constitution of the United States says that Congress alone shall have the power to declare the punishment for treason, and by their laws no forfeit ure is incurred. By 3four code the person convicted of arson is to be whipped, pilloried, con fined in jail not exceeding three years, and forfeits all his estates to the Terri tory. The constitution of the United States says that excessive fines and punishments shall not be imposed, and that none of these offences shall work corruption of lalood or forfeiture of estate, longer than during the life of the person convicted, and that in tbe case of treason only. If a state of society exists here, which makes it expedient for you to ignore the constitution of the United States in framing your statutes, we are j-et to see it. We have been in the district for more than twelve months at a time without the benefit of laws of any kind, and notwithstanding we had been distracted by the intrigues of Ellicott and others, the general stock of virtue was sufficient to preserve peace and av/e the vicious. Crimes were not more frequent then than they are at present ; and if this fact be admitted (and it cannot be confuted) it affords a liiut to executive and legislative bodies that merits their deepest attention."t These documents were submitted to Congress by the agent of the Territory, Captain Hunter, with the following letter to a distinguished member of Congress : Philadelphia, February 4th, ISOO. Sir : You enquire 1st. " By what authority Cato 'West and others, were ap pointed a Committee for the Territory ?" -'Among those who rejected his appointments were Dr. White, Lieutenant- Colonel; Cato West, Lienfenunt-Colonel ; Sutton Banks, Major; Adam Bingaman, J%'0)-; Narsworthy Hunter, Major; Thomas Green, Captain ; Joseph Calyit, Cap tain ; Thomas Ciilyit, Captai n . fThis eloquent letter was from the pen of Colonel Cato We.^^t. He was a native , '^^"'^'^^ county, Virginia, of an influential family, sprung from an ancient earl dom of England. He was a man of talents, education and fortune. He was a son-in-law of Colonel Thomas Green, and emigrated with him first to Georgia,, nnd thence to the Natchez. He was an ardeni; republican and led the opposition to GoA-eriKu- Sargent. He was appointed Secretary for the Territory after Col. Steele s term expired, and conducted the executive office after Governor Claiborne went to New Orleans. Ho was a forcible writer and speaker ; resided in Picker ing fnow Jeffers'on) county, was a frequent member of the Legislature, and pre sided over the Senate. Territory and State. 213 A meeting was held by the principal inhabitants on the 6th July last, to •consult upon the unhappy condition of affairs, and, if possible devise a remedy. The result of this conference was a circular to each of the districts, (or beats) recommending the people to assemble and nominate a committee -charged to bring their grievances before the Governor and before Congress. The result was the election of the Committee. I have copies of the circular and of the instructions given by the people of the several districts to the committee. 2d. You enquire, " what is the aggregate number of free inhabitants of the ¦Territory ; what proportion are natives of the United States, and what the number of our militia ?" Our Governor has never taken a census of the people, nor has he been able to organize the militia, so that we are at a loss with respect to our numbers. I think, however, we cannot have less than six thousand free inhabitants, and about two thousand capable of bearing arms. Our people are, with the ex ception, perhaps, of one-tenth, natives of the United States. 3d. " Is there much immigration to the Territory ? Have many of the cit izens removed to the Spanish province below, and if so, what have been the inducements '?" The immigration to our Territory is, at this time, very limited, owing to the impossibility of obtaining lands except by purchase from individuals. The facility by which lands are obtained in the Spanish dominion by grant or order of survey, at merely nominal cost, draws the immigrant in that direc tion. Men of property are inclined, even with this difference, to prefer our Terri tory, but the poorer classes are induced to go below. A number of families haye recently left for the Spanish territory with Dr. White, and others are pre paring to sell out, if possible, for that purpose. A^arious circumstances have ¦operated to this end, but the morose and arbitrary conduct of Governor Sargent, is a primary cause. The laws he has put forth are odious ; in conflict with the federal constitution ; with no precedent in the laws of other States; both the fees he exacts and the fines he imposes, are excessive. His appoint ments, civil and military, have given, for the most part, general dissatisfaction. All the officers that enjoy the respect of the people have either refused his appointments, or after holding them a short time, have thrown them up. He will never be able to organize the militia, notwithstanding his law imposing heavy fines on those who refuse his appointments. His exorbitant fees for jiassports to persons who desire to return to the United States, and lor tavern and marriage licenses, are universally denounced as burdens on tbe public for his own enrichment."-" 1800, January 13th. The petition, complaining of Governor Sargent and his arbitrary laws, Avas referred to a comraittee consisting of Mr. Claiborne, Mr. Griswold, Mr. Henderson, Mr. Nott and Mr. Bartiett, to report their opinion thereon to the House. February 14th. The President transmitted to the House a copy of the laws promulgated by the Governor and the Judges. There was, it seems, but a single copy, and he requests the House, after they have examined it, to send it to the Senate ! February 19th. Mr. Claiborne made a report in part, which was read and made the order of the day for Monday. March 10th. The House, according to the order of the day, resolved itself into a Committee of the Whole on the report of the committee to whom was referred a petition of Cato West and others, inhabitants of the Mississippi ¦*In the Northwestern Territory, while Secretary and acting Governor, he ex acted, as a private fee, five dollars for a tavern license, and four dollars for a marriage license. In the Mississippi Territory he demanded eight dollars for a marriage license ; eight doUars for a tavern license, and five dollars for a passport to go to the United States, as perquisites of his office ! When Governor Claiborne came to the Territory he issued the marriage license without fees, and treated the groom to a bottle of whiskey I Governor Claiborne subsequently recommended a tax of two dollars on niar- liage licenses, and that the funds should be used for educational purposes. — MS. notes on the Mississippi Territory, by the late Judge Edward Turner. 2 14 Mississippi, as a Province, Territory, complaining of the political system by which the said Territory is. governed ; and, after some time spent therein, Mr. Edmond reported that the Committee had the said report under consideration, and made some progress. therein. On motion, ordered. That the Committee of the Whole House be discharged from the further consideration of the said report, and that the same be re committed to Mr. Claiborne, Mr. Griswold, Mr. Henderson, Mr. Nott and Mr. Bartlett. On a motion made and seconded that the House do come to the following resolutions, to-wit : Besolved, That from and after the organization of the territorial Assemby of the Mississippi Territory, the Governor shall nominate, and by and with the advice and consent of the Legislative Council, shall appoint all officers, both civil and military, of the Territory, whose appointments are not particularly vested in Congress by the ordinance ; provided that the Governor shall have the power to till up all vacancies which may happen during the recess of the Legislative Council, by granting commissions, which shall expire at the end of their next session. Besolved, That every bill which shall have passed the House of Eepresenta tives and the Legislative Council shall, before it become a law, be presented to. the>Governor of the Territory ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that house in which it shall have orig inated, who shall enter the objections at large, on their journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and, if approved by two- thirds of that House, it shall become a law. If any bill shall not be returned by the Governor within six days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return; in which case it shall not be a law. Besolved, That every order, resolution or vote, to which the concurrence of the Legislative Council and House of Eepresentatives may be necessary, ex cept on a, question of adjournment, shall be presented to the Governor of the Territory, and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Eepresentatives, according to the rules aud limitations prescribed in. the case of a bill. Besolved, That the General Assembly shall meet at least once in every year,. and such meeting shall be on the day of , unless they shall, by law, appoint a diff'erent day ; Provided, That the Governor shall have power,, on extraordinary occasions, to convene both Houses of the General Assembly,. or either of them. Besolved, That neither House, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to- any other place, than that in which the two Houses shall be sitting. March 14th. The House, according to the order of the day, resolved itself into a Committee of the "Whole on the report of the Committee to whom was, yesterday re-committed their report on the petition of Cato West and others;, and, after some time spent therein, Mr. Edmond reported that the Committee had said report under consideration, and come to several resolutions thereupon ; which were severally twice read, and agreed to by the House, as followeth : Besolved, That so much of the ordinance for the government of the territory of the United States northwest of the river Ohio, as relates to the organization of a General Assembly therein, aud prescribes the powers thereof, shall forth with operate and be in force in the Mis.sissippi Territory ; Provided, That until the number of free male inhabitants, of full age, in the said Territory shall amount to five thousand, there shall not be returned to the General Assembly more than nine Eepresentatiyes. Besolved, That until the number of free male inhabitants, of full age, in the Mississippi Territory shall amount to five thousand, the county of Adams- shall be entitled to choose four Eepresentatives to the General Assembly ; the county of Pickering, lour ; and the inhabitants of tlie Tensaw and Tombigbee settlements, one. Territory and State. 215 Besolved, That the first election for Eepresentatives to the General Assembly, shall be on the day of , and that all subsequent elections shall be reg ulated by the Legislature. Besolved, That it shall be the duty of the Governor of the Mississi2Dpi Ter ritory to cause the said election to be holden on the day aforesaid, at the most convenient place in the counties and settlements aforesaid, and to nominate a proper officer or officers to preside at and conduct the same, and to return to him the names of the persons who may have been duly elected. Besolved, That the Eepresentatives shall be convened by the Governor at the town of Natchez, on the day of . Besolved, That so soon as the number of free male inhabitant.':, of full age, shall amount to, or exceed five thousand, the number of Eeprcs'.ntatives to the General Assemby shall be determined, and the apportionment made in the way prescribed in the ordinance. Besolved, That nothing in these resolutions contained shall extend, or be con strued to extend to, or affect the right of Georgia to the territ( ry in question, or any part thereof. Ordered, That a bill or bills be brought in, pursuant to the f id resolutions ; and that Mr. Claiborne, Mr. Griswold, Mr. Henderson, Mr. Nott and Mr. Bartlett, do prepare and bring in the same. March 18th. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill supplemental to the act en titled "An act for an amicable settlement of limits within the State of Georgia, and authorizing the establishment of a government in the Mississippi Terri tory ; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Parker reported that thecommitteehad, according to order, had the said bill under consideration, and made two amendments thereto ; which he delivered in at the Clerk's table, where the same were read. The House then proceeded to consider the said amendments at the Clerk's table, and the first amendment, to add at the end of the bill a new section, in the words following, to-wit: "And be it further enacted, That the General Assembly shall meet at least once in every year, and such meeting shall be on the first Monday of Decem ber, unless they shall, by law, appoint a different day ; Provided, That the Gov ernor shall have power, on extraordinary occasions, to convene the General As sembly," being again read. The question was taken that the House do agree to the same. And resolved in the affirmative, < -^ W Those who voted in the affirmative, are : Willis Alston, Theodoras Bailey, .lohn Bird, Phanuel Bishop, Eobert Biwvn, Samuel J. Cabell, Gabriel Christie Matthew Clay, William Charles Cole Claiborne, John Condit, Thomas T- Davis, John Dawson, John Dennis, George Dent, Joseph Dickson, Joseph Eg gleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Samuel Goode, Ed win Gray, Andrew Gregg, John A. Hanna, Thomas Hartley, Joseph Heister, William H. Hill, David Holmes, Benjamin Huger, George Jackson, James .lones, Aaron Kitchell, Micheal Leib, Matthew Lyon, James Linn, Nathaniel Macon, Peter Muhlenberg, John Nicholas, Joseph H. Nicholson, Abraham Nott, Josiah Parker, John Eandolph, John Smilie, John Smith, Samuel Smith, Eichard Stanford, David Stone, Thomas Sumter, Benjamin Taliaferro, John Thompson, Abram Trigg, John Trigg, Philip Va'nCortlant, Joseph B."Varnum and Eobert Williams. This, with a few exceptions, was a strict party vote, the republicans voting aye, the federalists or administration party voting no. March 19th. The bUl read a third time and passed without a divi sion. The Senate returned it with sundry amendments April 24th. The House went into Committee of the Whole, and the amendments were agreed to without a count, except the Third amendment of the Senate, for striking out, from the ninth section of the bill, the words following, to-wit : "and that the power given to the Gov- 2i6 Mississippi, as a Province, ernor in the ordinance, to prorogue and dissolve the General Assembly, at his ' pleasure, is hereby declared no longer to be vested, and .shall not be exercised ; Provided, That in case of a disagreement between the two Houses, relative to a time of adjournment, the Governer may adjourn them to such time, as is pro vided by law," being theu read, the question was taken that the House do con cur with the Committee of the Whole House in their agreement to the same. And passed in the negative, | jN^^ys..'....'... ..".....'..'.'...'.'..'.'."..'.'.'.'.'.....'.'..'...'. ....'.!49'. A strict party vote, the federalists voting to give to Gov. Sargent the power of controlling a refractory Legislature ; the republicans voting to restrain his power, in conformity with the prayer of Col. West and other leading citizens of the territory. May 1. Mr. Sewall from the committee to whom was referred the petition of Cato West and others, made a further report, which was read and considered; whereupon, Besolved, That the Governor of the Mississippi Territory be authorized by law, for the term of one year, to permit by his special license, to be granted after examination of each case in which it shall be requested, any slave or slaves, bona fide the property of a citizen of the United States, or owned by any person resident within Mississippi Territory, at the iieriod when the Gov ernment of the United States was established over the same, to be brought by such proprietor into the said Territory. Ordered, That a bill or bills be brought in, pursuant to the said resolution ; and that Mr. Sewall, Mr. Chauncey Goodrich, Mr. Wain, Mr. Evans, and'Mr. Hill, do prepare and bring in the same."* May Sth. Mr. Claiborne, from the comraittee to whom was referred the laws passed by the Governor and Judges of the Mississippi Terri tory, raade a report which was read and ordered to lie on the table. May 9th. An engrossed bill "was read the third time and passed, without a division, "to permit in certain cases, the bringing of slaves into the Mississippi Territory." The House proceeded to consider the report from the committee to whom was referred the laws passed by the Governor and Judges of the Mississippi Territory ; and the resolution contained in said report being again read in the words following, to-wit ; "Besolved by the Senate and House of Bejrre.-'cniatives of the United States of Amer ica, in Congress assembled. That so much of the law enacted bythe Governor and Judges of the Mississipjai Territory, entitled '\ law to regulate taverns and retailers of liquors, and concerning Indians, as authorizes the Governor to de mand eight dollars for every tavern license hj him signed ; and that so much of the law passed by the same authority, entitled, 'A law establishing and regu lating the fees of the several officers and persons therein named,' as entitled the Judges (if the Supreme Court, to receive fees for certain services therein enu- ¦¦¦It is worthy ol note that the resolution -ivas introduced by a leadiu.u' federal member from Jlassachusetls. 'A bill was brought in aeeordin'gly and passed the House, but was reiected in the Senate bv a vote of lo to n. rtation of Jississippi .lie Missis- fine of $300 visions of ne act, ann gives to every slave tlm.s brought in, his or her freedom. The condition of the Natchez district "W'ns peculiar. Under the Spanish gov ernment numerous Americans had obtained grants of land below the 31° north latitude; but when it was ascertained that the line of demarkation would start from that point and that all above it would be underthe jurisdiction of the United States and uU below it under Spanish rule, thev were anxious to move into the Territory and to brin,i^- with them their slayis. But this was prohibited by thelaiv forbidding the bringing in ol slaves from foreign countries. Territory and State. 217 merated, be, and the same are hereby, disapproved of, and declared to be no longer in force in the said Mississippi Territory." The question was taken that the House do agree to the same. And resolved in the affirmative. Ordered, That the Clerk of this House do carry the said resolution to the Senate, and desire their concurrence. May 14th. The House was notified that the Senate had disagreed to the bill to permit the bringing of slaves into the Mississippi Territory. December 22. A motion made that the House adopt the foUowing Tesolution : "Besolved, That the laws passed by the Governor and Judges of the Missis sippi Territory, and the petition of Cato West and others, with all the docu ments relative thereto, be transmitted to the President of the United States." A motion was made to strike out from the word ' 'that" in the first line to the end thereof, and to insert the foUowing : "A committee be appointed to inquire into the conduct of Winthrop Sargent, Governor of the Mississippi Territory, and to report thereon to this House, and that said comraitteee have power to send for persons and papers and records." Adopted by yeas and nays, by a vote of 70 to 11. And it was further ordered by the House that Mr. Harper, Mr. Claiborne, Mr. Dennis, Mr. Nott, Mr. Davis, Mr. Bird and Mr. Otis be the com mittee. And it ¦^vas further, _ Besolved,_ That the laws passed by the Governor and Judges of the Missis sippi Territory, and the petition of Cato AYest and others, heretofore presented to the House, together with the documents relative thereto, be referred to the committee last appointed. Besolved, That the committee to whom was referred the memorial of tbe House of Eepresentatives of the Mississippi Territory, be discharged from the further consideration of the ' said memorial, and that the same lie referred to the committee this day appointed to inquire into, and report upon, the official conduct of Winthrop Sargent, Governor of the said Territory." December 30. A remonstrance of the Legislature of Georgia was presented,, protesting against the estabhshment of the Mississippi Terri tory within the limits of that State, and asking a repeal of the law authorizing the same, as unconstitutional and subversive of the rights of Georgia. January 2, 1801, the President laid before the House the laws enacted by the Governor and Judges of the Mississippi Territory, from the 30th June until the 31st December, 1799. Referred to Com mittee appointed to inquire into the conduct of Governor Sargent. Ordered, That Mr. Robert Goodloe Harper and Mr. Harrison Gray Otis be excused from serving on the above comraittee, and Mr. Clar ence Goodrich and Mr. Bayard be appointed. January 5, 1801. Mr. Davis, Mr. Nott and Mr. Claiborne were ex cused from serving on the Sargent Committee, and Mr. Robert Wil liams, of North Carolina, Mr. Taliaferro, of Virginia, and Mr. Pinck ney, of South Carolina, were appointed in their stead. February 17. The Speaker laid before the House a letter from YVinthrop Sargent, Governor of the Mississippi Territory, enclosing a petition from sun dry inhabitants of the said Territory, praying that Congress will suspend the operation of so much of the act, entitled, "An act supplemental to the act, en titled 'an act for an amicable settlement of limits with the State of Georgia, and authorizing the establishment of a Government in the Mississippi Terri tory,' " which establishes a second grade of territorial government in the said 2i8 Mississippi, as a Province, Territory ; and that a law may be passed extending the same privileges to the said inhabitants as have been granted to theTnhabitants of the Indiana Terri tory. February 19. Mr. Chauncey Goodrich, from the committee to in quire into the official conduct of Governor Sargent, made a report which was read and ordered to be committed to a Committee of the Whole House on Monday. March 3. Ordered, "That the Committee of the Whole House to- whom was committed on 19th ult, the report of the comraittee ap pointed to inquire into the official conduct of Governor Sargent, be discharged from the farther consideration thereof" The House then proceeded to consider the said report at the clerk's table, and the reso lution contained therein being there read, in the words foUowing, to- wit : Besolved, That there does not appear cause for further proceedings on the matters of complaint for mal-administration against Winthrop -Sargent, as Governor of the Mississippi Territory. And on the question being taken by ayes and noes, it passed in the negative. * This completes the record of the proceedings for the organization of the Territory, transcribed from the Journal of the House of the 5th and 6th Congress, from 1797 to 1801. The result of the appeal to Congress was that while most of the laws enacted by the Governor and the Judges, and the fees exacted on raarriages, taverns and passports, were condemned and annulled, the Governor was tacitly acquitted of ' 'any impure or criminal inten tions." The Territory was advanced to the second grade of govern ment, which secured for it a Legislature to be elected by the people, and whose advice and consent should be had upon all nominations to office by the Governor, leaving to him the right to fill all vacancies during the recess of the Legislature, to hold until the regular meeting of that body. It took frora the Governor the arbitrary power of mak ing laws, and gave to the Legislature that power, with the right by a two-thirds vote of overriding the objections of the Governor to any law they might choose to enact. And the Legislature was to assemble at least once in every year, on a day to be designated by themselves. This covered the whole ground of controversy, and Colonel Hutch ins, Colonel West and their fellow petitioners, had nothing more to ask. Their opposition was not to Winthrop Sargent, but to the official enor mities into which, as they had good reason to know, he had been seduced by the pernicious counsels of EUicott. But his adoption of the "*lt is worthy of remark that of those that voted in the negative on this occa sion were three who beeame, in turn, Governor of the Territory, viz : W. C. C. Claiborne of Tennessee, Robert "Williams of North Carolina, and David Holmes of "Virginia. Voting with thera were Albert Gallatin, Leyi Lincoln, Joseph Heis ter, Nathaniel Macon, Edward Livin,gstou, Peter Muhlenberg, John Randolph, John Nicholas, Thomas Sumpter, Samuel Smith, John Smilie, Samuel J. Cabell, and other renowned leaders of the republican or anti-federal party. On all leading questions of public policy Messrs. Holmes, "Williams and Clai borne invariably voted together. On the vote for the expulsion of Matthew Lyon, of Vermont, for spitting in the face of Mr. Griswold of Connecticut, these gentle men separated, Mr. Holmes voting in the affirmative, Messrs. 'Williams and Clai borne in the negative. But when a subsequent effort was made to expel Lyon for what was termed "a seditious writing" against President Adams, the three gentlemen referred to all voted in the negative. Territory and St^te. 219 views of that obnoxious individual, his attacks on the people of the Territory in his dispatches to the Secretary of State, and the -persistent effort of himself and followers, to keep the Territory in its state of subjection and vassalage, bitterly opposing its advance to a higher grade of government, caused his defeat and downfall. April 3d, 1801. Governor Sargent, leaving his infirm Secretary, John Steele, in charge, departed from the Territory for Boston, to vin dicate himself, and to rally a party there against the advance of the Territory, as prayed for by the people.* *The commission of John Steele expired May 6, 1802, but he remained in the ofiice for thirteen months thereafter, when Cato West was appointed. Steele was a chronic invalid during this time, incapable of performing official duty, but in 1804, on his petition Congress, allowed him his salary. » OHAPTEE XXII. HOMAS JEFFERSON had just been elected President of the United States, (1801) and he informed Governor Sargent, " that from various and delicate considerations, which entered into the appointment of a Governor for the Mississippi Territory, it was expedient, in his judg ment, to fill the station with another than himself, whose administration, with whatever meritorious intentions con ducted, had not been so fortunate as to secure the general har mony, and the mutual attachment between the people and the public functionaries, so particularly necessary for the prosperity and happiness of an infant establishment." Department of State, ¦) July 10th, ISOl. J Hon. Wm. C. C. Claiborne: Sir : The President of the United States, desirous of availing the public of your services as Governor of the Mississippi Territory, I have the honor of enclos ing your commission and of expressing the sentiments of respect with which I am, sir. Your most obedient servant, James Madison. MR. Claiborne's reply. Nashville, August 2d, 1801.^ Sir : I have the honor to acknowledge your letter, enclosing me a commis sion as Governor of the Mississippi Territory. Will you be good enough to inform the President that I accept the appointment which he has been pleased to confer upon me, and shall endeavor to merit it by a faithful discharge of the duties which now are, or may be assigned to me. I know the responsibil ities and difficulties of the position, but my best exertions shall be made to pro mote the interests of the United States, and the prosperity of the people of tbe Territory. I shall make my arrangements for a change of residence with all practicable dispatch, but I fear these cannot be completed before the Ist of October. ' FROM THE SAME TO THE SAME. Nashville, October 7th, 1801. To-morrow I shall certainly set out. The rivers are all uncommonly low, and I anticipate a long voyage. I am informed that the Territorial Assembly was convened by Secretary Steele, (in the absence of Gov. Sargent,) on the 3d Monday of July last, and continued in session some five weeks. Their business was left incomplete for want of the Governor's sanction. Secretary Steele having been too ill to attend to his oflTicial duties. On the ICth of September, (my latest advices,) his life was despaired of. The Hon. Seth Lewis, in a letter dated Natchez, Sept. 3d, TERRITOliY AND StATE. 221 says : It seems to be confirmed that Spain has actually agreed to give up Louisiana to France. I know not what grounds there are for this report, but it has prevailed in Tennessee for several months and obtained general belief.'* FROM THE SAME TO THE SAME. Natchez, November 23, 1801. Sir: I left NashviUe Sth ult., and arrived here yesterday morning. The voyage was a long one owing to the low state of the Cumberland, Ohio and Mississippi rivers. The shores of the Mississippi are fertile beyond descrip tion, apparently a vast deposit of alluvium ; the accumulation of sedimentary matter during centuries of overflow. Its future of productive power and pop ulation is beyond the wildest imagination to calculate. This great delta is almost entirely unoccupied. On the western or Spanish shore there are but three petty settlements, between the mouth of the Ohio and the post of Con cord, opposite this place, an interval of some eight hundred miles. Seventy miles below the junction of the Ohio is the village of New Madrid, with a small Spanish garrison. Here I halted for an hour, and paid my respects to the commandant, who received me with much courtesy. The fort has been recently burned. There are probably fifty houses occupied chiefly by people of French extraction. I was informed that, a few miles in the interior, there was a compact and prosperous settlement, the inhabitants for the most part, from the United States. Thirty-five miles lower down is a village of some twenty houses, and one hundred and fifty miles below, opposite the lower Chick asaw bluff, is a small block house garrisoned by a sergeant and twelve men. [The Spanish post of Esperanza.] On the eastern or American bank of the ^Mississippi, the only improvement until I reached the Walnut Hills, was our Fort Pickering, at the bluff's below Wolf river. Captain Sparks, of the 3d regiment, is in command. He is an intelligent and elficient officer, has rendered many services to our western coun trymen navigating the Mississippi, to boats in distress, to emigrants and to the sick. And he has maintained a good understanding with the Indians. t ¦* This is one of the frequent instances in history, where great events seem to foreshadow themselves, apparently without human agency. The treaty of St. Hdefonso of October 1st, 1800,iby which Spain retroceded Louisiana to France, was made a State secret between the two powers, and so to be kept until it could be executed. It was apprehended that, if the -transfer became public before France could throw into it an army of occupation, Great Britain, then undoubted mis tress ot the seas, might seize New Orleans and defeat the arrangement. Great Britain had her eye on Louisiana, and had proposed a joint occupation with the "United States. And on the 18th of April, 1802, Mr. JeflTerson wrote to the Amer ican Minister in Paris : " The day that France takes possession of New Orleans fixes the sentence which is forever to restrain her within low water mark. It seals the union of two nations who, in conjunction, can maintain exclusive control of the ocean. From that moment we must marry onrselves to the British fieet and ocean." Five months before Mr. Jeii'erson wrote this memorable letter, this great state secret, which at that time had not been officially communicated to our min ister in Paris, was whispered about over the western country, as we see by Gov- Claiborne's letter. "IThis officer had a very romantic career. "When he was only five years old he had been captured by the Shawnees, in one of their raids in Kentucky, and car ried to their villages, where he was adopted into the family of Tecumseh and the Prophet. He remained there until after the victory of General "Wayne, in 1794, when most of the whites among the Ohio Indians were surrendered. We next hear of him in Tennessee as Eichard Sparks, which it is presumed, was his family name. He made the acquaintance of the celebrated Gen. .Tohn Sevier, then Gov ernor of the new State, who became much interested in his adventures. Sparks looked like an Indian warrior ; tall, athletic, active, with a sparkling eye and bold presence, and though whoUy uneducated his conversation was impressive and fascinating. Through the Governor's influence he received a commission in the army, and was stationed at South "West Point on the Tennessee, in observa tion of the Cherokees, and of the land speculators claiming under the State of Georgia. He soon after married Ruth, second daughter of General Sevier, who 22 2 Mississippi, as a Province, I take the liberty of suggesting the expediency of one or more military posts on the Mississippi, to v.-hich, it is presumed, the Indians would not object. The effect upon them would be beneficial. Our western commerce is now valuable and is rapidly increasing. On this great river navigation is dangerous. Boats are often stranded or sunk, or disabled by tbe illness of their crews, and except at Fort Pickering there are no .stations where relief can be obtained. The im migrants, too, are .greatly expo.-^eJ. A few posts, to render aid, in such cases, with hospital stores for the .sick, would greatly promote the commerce and the peopling of this remote territory. The humanizing effect on the Indiansof such stations would soon be felt. Colonel Steele, the Secretary of this Territory, is still living, but too low to give me any information as to the posture of afl'airs. The Legislature of the Territory will convene next Tuesday." FROM THE SAME TO THE SAME. Natchez, December 12, 1801. The Legislature assembled on the 1st inst., and on the [next day I delivered an address to the two Houses. I hazard the opinion that this assembly is com posed of honest men, truly attached to the Union, and to the interests of the Territory. For want of experience their proceedings may be attended with some irregularities, but with their intelligence these will soon disappear. All oppo sition to the second grade of government has vanished and the citizens gener ally seem contented with the political situation. I find myself most cordially received and shall study, on my part, to promote their best interests. By the aet establishing this Territory the powers and duties of Superintend ents of Indian Afl'airs are vested in the Governor. I respectfully request to have those powers and duties strictly defined. Within the few days since my arrival I have received many visits from the Choctaws. Upon looking over the otficial letters of Governor Sargent, I discover that he frequently complained of embarrassment with regard to the Indians, and that some instructions had been sent to him by the Secretary of State. But the com munications from that office it appears, were not considered public property, and are not on file in the ofiice of the Secretary of this Territory. An interpreter will be indispensable to me. in the performance of_these duties. FROM THE SAME TO THE SAME. Natchez, December 20, 1801. A treaty has just been concluded with the Choctaws at Fort Adams, by which they consent to the opening of a post-road through their country to Ten nessee, but refuse the privilege asked for white men to erect and keep houses of entertainment on the route. This privilege they sbrewdlj' retain for them- (like the wife of Andrew Johnson) taught him to read and write, and then con- clucted him through the higher branches of a solid education. In 1801, he was sta tioned at Fort Pickering (Memphis) in the Chickasaw nation. He accompanied General "Wilkinson and the army to Natchez, and was stationed at Port Adams and Baton Eouge. He became Colonel of the 2d Infantry. Died m the house of Col. Daniel Burnet, at the < irindstone ford, Claiborne county. Miss., July 1st, 1815, and was there buried. In .an old Nashville paper his death is thus quaintly announced : extract from a letter from the choct.IlW agexcy, dated Sth july, 1815. "About the 1st inst., the corruptible part of our friend Col. Eichard Sparks, late ot the 2d Infantry, was relieved from duty, and put in snug quarters tiU the grand reveille shall awaken the armies of th'e universe for a final review and pro motion, Avhen honest men will have a preference, whatever may have been their politics The Colonel of course stands a good chance." Mrs. Sparks, a lady of ,£;reat beauty and noble character, survived him and be came the wife of Daniel Vertner, Esq., ot Burlington, near Port Gibson, so well remerabered for its eles,'ant hospitalities. Territory and State. 223 selves. They desire looms and farming implements, and the exclusion of liquors from their countrj'. The river front here is thronged with boats from the west. Great quantities of flour and other produce continually pass. Cotton, the staple of this 'Territory, has been very productive and remunerative. I have heard it suggested by our business men that the aggregate sales this season will exceed $700,000; a large rev enue for a people whose numbers are about 9000, of all ages and colors. Labor is more valuable here than elsewhere in the United States, and industrious peo ple soon amass wealth. This undeniable prosperity has silenced the clamor against the second grade of government, which was chiefly based on the in creased expense and taxation, and the inability of the people to endure it. The Legislature is engaged on a new judiciary system. The manner in which the Superior and Inferior Courts have heretofore been arranged, is gen erally condemned. There is certainly room for improvement. One-half per haps more, of the citizens, have no confidence in the Judges. The Legislature participates in this feeling and will, I fear, be inclined to legislate more against men than upon principles. It is an unpleasant state of things, and will be for me the source of much trouble. A late decision made by the Superior Court for this Territory has occasioned much complaint, and roused the sympathies of the Legislature. Subsequent to the ratification of the treaty between the United States and Spain, and shortly before this district was evacuated, the Spanish governor granted to certain of his favorites, much valuable land, and to evade objections, these grants purported to have been made previous to the treaty. In some few cases these fraudulent grants were made of lands which had been previously granted in good faith. And in a case of this kind where suit had been instituted, the- holder of the fraudulent grant (which falsely bore a date older than the bona fide grant) obtained a recovery. In the Inferior Court, where the suit commenced, parol testimony was admitted to invalidate the ante-dated grant, and the defendant had a verdict. But upon appeal to the higher court parol testimony was declared inadmissable, and the judgment below was reversed. This case is [generally considered a very hard one, and the Legislature, to afford a remedy, contemplated a law authorizing the admis sion of parol testimony ; but on my intimating that, for the present, I could not assent to such a measure, it bas been dropped. A statute for the admis sion of parol testimony to disprove aud invalidate a record, would be a grave innovation upon the law of evidence. Yet I can see no other way by which these frauds can be set aside, unless indeed, as I think, a conrt of chancery would reach the case. And most of the lawyers here think it would not. I should be happy to have your opinion on the matter. The Legislature will give me, I think, in pursuance of my recommendation, an effective militia law. My predcessor, notwithstanding strenuous exertions, was unable to organize the militia, and I found the Territory wholly defence less. We require five hundred muskets and as many rifles, which I hope will be sent as early as practicable. Bordering on a foreign power — separated from the nearest State by a wilderness of six hundred miles — with numerous savage tribes enveloping our settlements, and a servile population nearly equal to the whites — an armed militia is essential to both safety and tranquility. The report still prevails that Louisiana and West Florida have been ceeded to France. The fortifications at New Orleans are much neglected and in a ruinous condition." FROM the same TO THE SAME. Natchez, January Sth, 1802. The Legislature progresses slowly, but their proceedings evince a careful at tention to the public interests. Political excitement has nearly disappeared. The only discontent is with the Judges. I have endeavored to allay this feeling and restore confidence, but ineffectually. The Chief Justice, Mr. Lewis, is a learned lawyer, and a man of talents. But his colleagues, Messrs. Tilton and Bruin, (however amiable in private life,) have not had the training for the bench. 'The former, it is said, read law for a few months, but never practiced. The latter was 2 24 Mississippi, as a Province, brought up a merchant. The litigation here will involve conflicting titles to vast tracts of valuable land, and will d,gmand profound legal attainment on the bench. If these gentlemen, or either of them, should resign, as is now rumored, I respectfully urge the appointment of thoroughly trained lawyers, of tbe highest character. The Legislature is now considering a bill to vest in the Superior Court an equity jurisdiction, introduced specially to reach the antedated^ land grants heretofore referred to. They are numerous and threaten much trouble. CoL Steele continues in bad health and 1 am much inconvenienced for aid in my office." PR03I THE SAME TO THE SAME. Natchez, February 5th, 1802. The old factions still survive to some extent. It is gratifying to me to know- that they were created before my arrival. I believe I have firmness enough to be independent of any of thera, and virtue sufficient to be just to all. The Legislature will probably adjourn in a day or two. With patriotism and honesty, they are liberally endowed, but lack experience, and are conse quently slow. Most of the laws passed by Governor Sargent and the Judges, have been repealed, and almost an entirely new code substituted. A law to prohibit the importation of male slaves, above the age of sixteen, passed the House, but was rejected by the Council. This class of population is increasing rapidly, "and will, sooner or later, be a great public evil. But the culture of cotton is so lucrative, and personal labor so valuable, it creates such a demand for negroes that we shall soon be overrun from the older States, and probably by the most abandoned of that unfortunate race. I hope you will approve the enclosed letter to General Wilkinson, urging him to establish at this place, a small arsenal of the surplus arms now at Fort Adams, with one company in charge. We are now defenceless and v/ithout arms, A violent dispute has sprung up between the Legislature and the Chief Justice, (who has many friends,) and they have taken steps to procure his re moval or impeachment. They adjourned on tbe 2d instant. The acts are not voluminous, but the printing and publishing will probably be tedious and ex pensive. The people complain that they are ignorant of the laws. The fact is so, but it is not in my power to offer a remedy. The only printer in this Territory (and he is a novice in the profession) has been employed, on high wages, to print the laws"* The work is going on, but from the want of type, a good press and assistance, it cannot be completed for several months. I am surprised that printers from the older States do not turn their attention in this direction. I know ot no quarter where a well-conducted paper would be more lucrative and of more advantage to society. The appointments made by Governor Claiborne up to the ist April, i8o2, were : Abner Green, of Adams county, Treasurer-General for the Territory. t. JUSTICES FOR ADAMS COUNTY. Abram Ellis, James Terrall, Adam Tooley, Caleb King, George Fitzgerald. Daniel Kerr, Sheriff; Peter Walker, Clerk County ; John Henderson, County Treasurer ; Robert Stark, Clerk Adams District Court; Abner L. Duncan, Dis trict Attorney; Archibald Lewis, Clerk and blaster in Equity for Adams District. JUSTICES FOR JEFFERSON COUNTY. Cato "West, Thomas Calvit, Jacob Stampley, Henry Green. ¦»Jaraes Terrall was appointed Printer to the Territorial Legislature. fThe same gentleman who had been appointed, by the Governor of Georda, Eegister of Probates for the county of Bourbon. He was a model planter, iind owned the Grange plantation on Second Creek. Territory and State. 225 John Girault, Clerk County Court; Daniel James, Clerk District Court; Felix Hughes, Master in Chancery. JUSTICES FOR WASHINGTON COUNTY. John Caller, John Johnson, James Fair, Joseph Thompson, John McGuire, Thomas Baesett, John Brewer, John Henson. Eichard Lee, Clerk County Court. JUSTICES FOR CLAIBORNE COUNTY. Wm. Downs, G. W. Humphries, James Stanfield, Ebenezer Smith, Daniel Burnet, James Harman. Sam. Coburn, Sheriff; Matthew Tierney, Clerk County Court; Samuel Gib son, Coronre. JUSTICES FOR WILKINSON COUNTY. John Ellis, Hugh Davis, John Collins, Eichard Butler, Wm. Ogden, Thomas Dawson. Henry Hunter, Sheriff; Samuel Lightner, Clerk County Court. MILITIA OFFICERS, IST REGIMENT. Benijah Osman, of Adams, Lieutenant-Colonel ; Abram Ellis, of Adams, Major ; Eichard King, of Adams, Major. FOR JEFFERSON COUNTY, 2d REGIMENT. Zachariah Kirkland, Major ; Wm. Thomas, Major. WASHINGTON COUNTY, 3d REGIMENT. .John Caller, Nathaniel Christmas, Majors. FOR CLAIBORNE COUNTY^, 4tH REGIMENT. Daniel Burnet, Lieutenant-Colonel ; Wm. Nealy, Major. FOR WILKINSON COUNTY', 5tH REGIMENT. John Ellis, Lieutenant Colonel : Eichard Butler, Major. ARTILLERY IN NATCHEZ. Samuel Postlethwaite, Captain ; Jos. A. Parrott, 1st Lieutenaut ; Joseph Newman, 2d Lieutenant. J. E. Trask, Brigade Major and Inspector. These were all representative men, opulent planters, and prorainent merchants and mechanics, including the only printer in the Territory.* The descendants of most of them are stiU numerous and influential in Mississippi, Alabama and Louisiana. The Governor attended the regimental musters, in the several counties, where he addressed the militia and was most cordially re ceived. 1802. About this time, the Territory was much excited by the robberies and murders perpetrated by Mason and Harp. The Gov ernor addressed the following note to Colonel Daniel Burnet : " I have information that a set of pirates and robbers, who alternately infest the river and the road, have their rendezvous in the cane-brakes near "Walnut Hills. A certain Samuel Mason, his son John, and a desperate villain from Kentucky, one Wiley Hari?, are the reputed leaders of this banditti. They have long been robbers and murderers, and the two former are well known at Natchez. They recently attempted to board the boat of Colonel Joshua Baker, between the mouth of the Yazoo and the Walnut Hills, but were deterred by his show of arms and prei^arations for defense. These men must be arrested. The crimes of Harp are many and atrocious ; and the others are nearly as had. I wish you to place yourself at the head of fifteen or twenty picked men, and *Newspaper men had some chance in those days. 15 2 26 Mississippi, as a Province, .scour the woods from the Bayou Pierre to the Yazoo, and capture the villains if possible I have written to Lieutenant Eennick, 3d United States Eegi- ment Walnut Hills, and to the officer commanding United States troops, mouth of Boar Creek, Tennessee river, soliciting their co-operation, but I hope that the credit of arresting them may fall on you." The Governor offered a reward of $2,000 for their capture. Harp, soon after, separated from the band, and went towards Ken tucky, ¦vvhere he and his brother, some time after, paid the penalty of a long career of atrocities. Mason and his gang one day robbed a traveler, and took from him a copy of the Governor's proclamation. He had had some words with two of his party, and, on one occasion, when only the chief and these two men were in camp, and he was asleep, they shot him, cut off his head and set out with it to claim the rewfard. Circuit Court was in session in the old town of Green- viUe, Jefferson county, when they arrived. They went before the Judge to make their affidavit and get a certificate to the Governor. The head was identified by parties v.dio knew Mason well, but just as the Judge was in the act of making out a certificate, a traveler stepped into the court house and requested to have the two men arrested. He had alighted at the tavern, had repaired to the stable to see his horse attended to, and there saw the horses of the two men -ivho had arrived just before hira. He recognized the horses as belonging to parties who had robbed him and kiUed one of his companions some two months previously on the Natchez trace, and going into the court house he identified the two men. They were tried, convicted and executed at Greenville. With the death of their chief and the de parture of Harp, the gang dispersed, and for many years there were no more highway robberies in Mississippi. This is the account usually given by Mason's gang, and is substan tially repeated by Thomas Reed, Esq., a leading member of the bar, in his minute and very interesting Centennial history of Jefferson county. In 1813, John L. Swaney, the old mail rider between Nashville and Natchez, gave to the editor of the Gallatin (Tenn.) Examiner, a different version of the story : " Mason originally lived near Cross Plains, in Eobcrtson county, Tennessee, and went from there to the Natchez country and organized his band, which con sisted of his two sons, Tom. and John, and six or eight other men. Tom. Mason, senior, (the Governor, in his proclamation, calls him John,) was then about fifty years old, weighed some two hundred pounds, and was a fine look ing man ; rather modest and unassuming, and no appearance of the brigand. He frequently encountered me and the other mail riders on the route and was always anxious to hear what was said of him. He often told me not to be afraid of him as he was after money and not letters, and that he did not wish to hurt any one, but money he must have. His band was the terror of evei'y trader. Traders, in those days, went down the river in flats, sold their produce for dollars or doubloons, whieh they packed on ponies and came through on foot, in gangs of five or ten men. Before leaving Natchez, they had to supply themselves with provisions, as there was then no accommodations on the road, in the Choctaw country, except at the Agency.* -¦¦"When General "Wilkinson was negotiating a treaty with the Choctaws at Fort Adams, in 1801, after obtaining perniission to have the road opened to the Chick asaw line, (where it would intersect the road leading by Colbert's ferry to NashviUe,) he proposed that a certain number of white "families be allowed to settle thereon to keep entertainment for travelers. This they shrewdly refused, but Territory and State. 227 Mason usually kept an intelligent man at Natchez to observe these outfits, and thus would have notice of the approach of travelers and their strength. When they effected a robbery they not only got the money, but provisions for their stay in the woods. After the Gov ernor's proclamation, 3,lason and his gang were closely hunted by the whites and Indians, and, having made some narrow escapes, they quit the country and crossed the Mississippi, to somewhere about Lake Providence, in the then Spanish Territory. Says Swaney : "On one of my return trips from Natchez, I fell in with the wife of young Tom Mason, carrying a baby and a small sack of provision iu her arms. She was making for tlie Chickasaw Agency, to go thence to her friends. She begged me to help her on her way, which I did by placing her on my horse. I diil this for a day, and made up the lost timS by traveling all night. Mrs. Mason told me they were all safe and out of reach. Sometime after this, two men, calling themselves Sutton and May, brought to Greenville, Jefferson county, Mississippi, a man's head, which they said was Mason's, and called on myself, and others, to identify it, so they might get the reward. They failed completely, and unable to account for the head they were charged with murder, tried and sentenced to be hung. On the day of the execution, one of the guards, .John Bowman, from Knoxville, recognized one of the condemned as Little Harp. He denied the name ; but Bowman per sisted and said if you are Harp, j'ou have a scar under your left nipple where I cut you in a difiiculty we had at Knoxville. Bowman tore the man's shirt bosom open and there was the scar." Harp was a notorious robber. There were two brothers — one a large man called the Big Harp — this one, a small man, called Little Harp. Swaney says he knew them at Knoxville when he was a race rider, and that he rode the race at Knoxville when they were broken up by Sam. Gibson and party. The night after the race, the two Harps killed and robbed an old man two miles this side of Knoxville, and ran away to Kentucky, where they robbed and committed so many outrages that a company of men set out to hunt them down. They found them and killed the Big Harp — the Little Harp making his escape — and he says, no doubt in his mind, was hung with Sutton at Green ville, Mississippi . After Mason's band was dispersed, other men, encouraged by Mason's suc cess, tried it, but never got as much money as the Masons. Captain W. L. Harper, of Jefferson, in his eloquent centennial address, gives still another account, differing from Major Reed's and Swaney's, but all of them agreeing in some particulars. Swaney, however, was an eye-witness of the execution — the only living witness, perhaps, and he is reported to be a raan of truth. Many of his state ments about matters that transpired here in those days we know to be strictly accurate. Captain Harper says : "Governor Claiborne offered a large rey/ard for the capture of Mason, the leader of the band that infested the road. Mason's family then resided in this county, not far from old Shankstowu, and his wife was generally respected as an honest and virtuous woman, by all her neighbors, and one of her sons was a worthy citizen of Warren county not many years ago. The reward tempted two of the band to kill Mason, or some one they said was Mason, and bring in his head to Greenville for recognition.^ Many fully identified it by certain marks thereon, except the wife, who as positively denied it. The Governor had sent his carriage for her expressly to come down and testify. But some parties had recognized in the claimants two men who, along with Mason, had robbed them but a short time before, when they were arrested, tried aud'hung, thus getting their reward, but not exactly in the way they as soon as the road, usually known as the old Natchez trace, was opened, the Iia Fleurs, and other half -cast families, moved to it and made lots of money keeping entertainment for travelers. 2 28 Mississippi, as a Province, sought. They gave their names as May and Sutton, and many believed Mason fled the country and died in his bed in Canada. With the execution of these men highway robbery ceased, and the Natchez trace became pefectiy secure. This was due mainly to the settiement on the road of numerous respectable Indian (half-blood) famUies, who attracted many of their people to settie around them. The Choctaws never robbed nor permitted robbers to live among them. Honesty on the part of the men and chastity of the women were characteristics of the Choctaw people, the real proprietors of the do main of Mississippi, whose traditions have been preserved in the names of our streams and counties, which should ever remind us, and our posterity, that when we were but a feeble people they fought for us the martial Muscogee ; and when we had become numerous and opulent, in the darkest days of our history, when pressed to the earth by a superior adversary, when we had no reward to hold out, only our broken lances and shattered shields, they came to our aid, aud shared with us the doom of the vanquished ! Mississippi, if she sur vives for a thousand years, as God grant she may, should never for get the brotherhood that binds her to this noble race, born under her own stars and skies. 1802. The Legislature was again in session, passed a number of laws, established Jefferson College, and elected Col. Thomas M. Green, of Jefferson, to Congress, to supply the place of the Hon. Narsworthy Hunter, who had died in Washington.* The seat of government was established in the town of Washington. The printer not having completed the printing of the laws, Edward Turner, a young la'wyer, was employed to make a number of copies, and received a warrant on the Treasury for $36.00. Economical days !f *Thomas Marston Green, an accomplished gentleman and most useful citizen,. was the son of Col. Thomas Green, the head of a numerous family and infiuen tial connection. He was a Virginian, an officer of the Continental army. Ee- moved to Georgia, and was associated with Gen. George Eogers Clarke and Gen. Elisha Clark of Georgia, in their scheme for an attack on the Spaniards. Colonel Green, with a large party of friends, went to the Holston, built boats and de scended the Tennessee to its mouth, expecting there to find Gen. George Eogers- Clarke and his party, but not finding them, and being unable to ascend the Ohio with their boats they continued on to Natchez. Col. Green had an interview with the Spanish Governor, and claimed the entire district for the State of Georgia. He was a bold, determined and persistent man. The Spanish authorities finding that he was likely to excite a tumult had him arrested and sent to New Orleans. His devoted wife soon followed, and from exposure and anxiety died shortlyafter her arrival. This touched the heart of the Spanish Governor, and Col Green was released. The family settled on the waters of Cole's creek, in J efi'erson county. Col. Cato "West and Gen. Thomas Hinds were his sons-in-law, and by intermar riages it constituted one of the largest connections in the district. His son, Ab ner Green, married a daugliter ot Col. Hutchins. tA native of Fairfax county, Va., inoved at an early age'to Kentucky, thence to Mississippi in 1801. Clerk of the Legislature, Eegister 'of the Land Office, At torney Gener.-il, Circuit Judge, Chancellor, Judse of the Supreme Court, he ran a long career of usefulness and honor, and died just before the late civil war, with out an enemy. EXTRACT OF A LETTER FROM JUDGE TURNER. ""When I first came to Natchez I brought a letter of introduction from Gen. Green Clay, of Kentucky, to his uncle. Cob Thomas Green. This led to luy inti macy with the Greens, Hutchins, "Wests, and their extensive connections, and to my marriage with a daughter of Col. "West. Gen. Clay, (father of Cassius) had Territory and State. 229 1802. A warrant was issued in favor of James Patton, upon the cer tificate of Hugh Davis and John Collins for marking out the road from the national boundary, 31"^ north latitude, -to Natchez, what is now known as the WoodviUe road. FROM JAMES MADISON TO GOVERNOR CLAIBORNE. Department of State, May 11, 1802. I enclose the opinion of the Attorney General in the conflicting land claims referred to by you. Although the praseology used by him does not refer to the technical distinction between a chancery and common law jurisdiction, 'the former having no distinct establishment in the Eastern States, yet you will find your idea justified that equity can always relieve against fraud. Your Terri tory, both in its infant and frontier character, demands concord and unity. We rely much on your patriotic dispositions and prudent counsels, which as they develop themselves, cannot fail to inspire the well meaning with confidence and to repress the mischief making proclivities of others." OPINION OF LEVI LINCOLN, ATTORNEY GENERAL, UNITED STATES. It does not appear from Gov. Claiborne's letter, or from the letter of Lyman Harding, Attorney-General of the Territory, what were the pleadings in the action in which evidence of fraud in the dating of a, grant was excluded ; what was particularly in issue ; why it was done ; whether it was from the idea that the evidence was not of the proper kind ; or the best which the nature of the transaction admitted of ; or that the witnesses were considered incompetent from being interested in the question or in the cause. Nothing can be clearer than that all grants made by the Spanish government, after the ratification of the treaty, by which the district was ceded to the United States are void. A claimant who had in fact obtained a patent or a title before that time under the Spanish, or since under the United States, can alone hold by his grant. There being no question of a right by mere possession in the way, and indeed such a right to vacant lands can never exist against Government. The only ¦questionis, when was the patent granted; not when was it dated, or what is its date. The delivery of a deed is a consummating act by which and from the time of which it takes effect and operates. Its delivery may be before or after its date. An ante- ¦date, a subsequent or no date is material only as proof of delivery, until which there can be no deed. But prima facie, every deed shall be delivered on the day of its date, and to be made fairly and in good faith. These presumptions are, however, controllable by proof. The executions of all deeds must be proved. If their validity is questioned any evidence which will show any of their es sential parts to be different from what they are presumed to be, and in favor of married my cousin. I was one of the aids of Governor Claiborne, and accompa nied him and his staff, all in full uniform, to review the regiments in the different counties. This was the first the people here ever knew of citizen soldiers. The Governor was a fine speaker, with a clear, ringing voice, very fluent and graceful, and the regiments forming into a square he addressed them very eloquently, in regard to their rights and duties. Gov. Sargent never could organize the militia, and few men would accept his commissions. The Spaniards had no jiublic schools in Natchez, and only one or two private tutors. In Gov. Claiborne's time Jefl'erson College was incorporated. An associ ation formed in Jefferson county for the acquisition and dissemination of useful knowledge. "We held our meetings at Villa Gayoso. t I delivered the first ad dress and it drew down on me the opposition of the whole Sargent party. A sim ilar association was established in Natchez, and excellent schools in each county." JVilla Gayoso was on Cole's creek, in Jefferson county, (not far from the river) where Gov. Gayoso erected a sort of chateau as a summer residence, and posted a small garrison. The land was claimed by Everard Green (son of Col. Thomas Green) and was in controversy between the parties when the Spaniards left the ¦district. It was turned over by the Spanish authorities to Capt, Guion as public property, and he stationed there to hold it for the United States Corporal Diddup and five men. The Green family are now and.long have been in possession of the premises. 230 Mississippi, as a Province, a third person, must be admitted. Delivery is indispensably requisite to be es tablished by evidence foreign to the date of the deed, or anything contained in it. There is a difficulty in conceiving how evidence to this point could be ex cluded by the Supreme Court of the Territory. The warrant of survey, peti tions, certificates and plats under the Spanish government, and which are said to be in New Orlean.s, can be of no u.se but to show the real time when the patent was granted. Where there are interfering grants and the questionis which was first made, and there is no registry or record to decide it by, nor any statute mode of ascertaining the matter, the 'greatest latitude should be given for the admission of evidence, and esiiecially in suppression of fraud. It it should be necessary to procure evidence in possession of the Spanish go"v*ernment, I should suppose an application by a party iu terested, or by the Governor of the Territorv, would be sufiicient. Men tion is made of an action being brought by a Mr. Green against the United States for the recovery of lands and buildings, in which after verdict for the de mandant a new trial has been granted. It is not perceived how an action could be brought against the United States. It may have been against an individual possessing or claiming to possess under them. As no case is stated I do not see lioViT government can be bound;by any verdict which may be given in the ca.se." GOVERNOR CLAIBORNE TO SECRETARY OP STATE. "The Spanish Governor was extremely liberal in his grants after the promul gation of the treaty, and many tracts are claimed ,under ante-dated instru ments. The compromise between the United States and Georgia is very acceptable to most of our citizens, and I hope it may be acceded to by Georgia. If so, and an ofiice for the disposal of lauds should be speedily opened, the population of this Territory will rapidly increase. Our neighbors below, and to the westward are very friendly, and I flatter myself the same amity will subsist if the French get possession ; but I confess I shall regret the exchange. In the course of the negotiations between the nations for territory, I wish the United States could possess themselves of East and West Florida, and the island of New Orleans." 1802. The following appointments were announced: Wm. Erwin, Wm. Shaw, Jesse Weathers, Henry Mannadier, Abner Pipes, John Dennis, Justices for Jefferson county. John Henderson, Joseph Er win, Joseph Sessions, Wm. Darby, Abner Green, Walter Burling, Sam Boyd, Justices for Adams. James Harman, for Claiborne. Joseph Pannel, Joseph Johnson, Reason Webster, for Wilkinson. Thomas Green, Sr., county treasurer for Jefferson. John Brooks, sheriff In these days of profuse expenditure and official corruption, the following letter will be read with astonishment, particularly when it is remerabered that the writer was governor of a new territory requiring, from its peculiar position, an extensive correspondence, and that he was superintendent of Indian Afl'airs which demanded constant cor- respondence with the various local agents, and numerous record books for said correspondence : FROM GOVERNOR CLAIBORNE TO THE C03IPTR0LLER OP THE TREASURY. 180'2. I transmit the account of S. Postlethw-aite & Co., for stationery fur nished my office during the last six montlis. The charges are such as are customary here, and I have, therefore, paid the bill. If this account should be passed by the accounting offices, I will thank you to advise me. This stationary bill was just thirty-seven dollars! By authority from the War Department, the governor selected and purchased frora Thomas Calvit, at .$15.00 per acre, fifty acres, for a Territory and State. 231 cantonement about four hundred yards outside the town of Washing ton, which became afterwards the general rendezvous of the United States troops in this quarter. A supply of muskets were sent to the Governor, which he was au thorized to sell to the militia at eight dollars apiece. He expressed his acknowledgements, but wrote: "I find the people are much prejudiced against muskets, and are unwilling to depend on any arm hut the rifli', the weapon of their fathers." Yes, and in the hands of their sons and grandsons the Mississippi rifle became historic, and is gloriously identified with many fields of fame. Trading houses were established under the supervision of the Governor on the Tombigbee for the Choctaws, and near Fort Pickens for the Chickasaws. The first goods sent to the former, were confided to Lewis Le Fleur, a Canadian, father of the late Colonel Greenwood Le Fleur. He carried them in a keel boat from Natch'.-z, down the river to Manshac, thence down the Amite, across the L.lces, and up the Tombigbee to Fort Stoddard, the point of delivery.* Joseph Chambers was the first factor, and George S. Gaines, his clerk, and successor. Edward Turner was appointed Clerk for Jefferson county, vice Col onel John Girault. In January, 1802, Judge Tilton, one of the three Superior Judges of the Territory, went off, without leave or notice, to New Orleans and sailed for Europe on a commercial adventure. Governor Claiborne, in communicating this to the Secretary of State, said: "This, I submit, is such an abandonment as will au thorize an imraediate appointment, and I recommend David Ker, Esq., of this Territory, a learned lawyer and an upright man, who would fill this high office with credit. Colonel Steele's commission, as Secretary for this Territory, ex pired on the 7th May, since which he has not considered himself bound to attend to any business. This greatly adds to my labor, and I hope an appointment will soon be made."j' John Pitchlyn was commissioned United States Interpreter for the Choctaws, and sub-agent; a position he long and faithfuUy held. He was first employed in 1786, by the comraissioners at the treaty of HopeweU. In 1792, he was re-commissioned by Governor Blount, and in 1802, re-appointed by Governor Claiborne. David Ker appointed Clerk of Adams county, vice Peter Walker. J ¦*Fort .Stoddard was then commanded by Lieutenant P. P. Schuyler, United States Army, who rose to the rank of Coljnel retired; became a merchant in Natchez and State Treasurer, and there died of yellow fever, universally la mented. tCol. Cato "West was appointed to succeed Col. Steele. Col. Steele lived and died at the place now owned and occupied by Aylithe Buckner, Esq. tWe first hear of this gentleman as connected with the Presbytery of Temple Patrick in the north of Ireland. Although born in Ireland, he belonged to the historic family of Kers, in Scotland. In 1789, his name appears as a member of Orange Presbytery, North Carolina. In 1790, he was residing in FayetteviUe as a minister, and in charge of a classical academy. In 1794, he was a Professor in the University of North Carolina. Eemoved to Lumberton, where he became a merchant and studied law. Eemoved with General "Willis, of Lumberton, to Mississippi, in 1800, where he was soon appointed clerk and afterwards Judge, and died in 1810. The late Dr. John Ker, a very distinguished physician of Natchez, was his eldest son. 232 Mississippi, as a Province, Jacob Guice, James Nelson and F. L. Claiborne, Justices for Adams county. Sarauel Cook, for Claiborne county. Thomas Malone, Clerk of the Superior Court, and Nicholas Perkins, Attorney-General for Washington county. 1802. General Wilkinson had been ordered to re-trace and mark the boundary between the old Natchez district and the Choctaws, which had been established when Great Britain had possession of West Florida. Before the commission could be executed, Governor Claiborne received the foUowing from the Choctaw Agent, Colonel McKee : Mount Dexter,* September 12th, 1802. Sir : Information has been given here that the white people are settling in advance of the Eocky Spring, [in the present county of Claiborne,] eastward. That place has heretofore been generally considered as a point through, or near which, the line would pass. But whether ,so or not, since the line is soon to be re-marked, any extension of settlement will excite uneasiness in the nation, and embarrass the commissioners in retracing it. This report has already excited considerable uneasiness in the upper towns, and to such a degree that I fear the settlers will not be safe until the line be established. In consequence of this letter the Governor instructed Colonel Daniel Burnet, of the 4th regiment, M. M., to " proceed immediately to the settlements referred to, advise the people of the facts, and direct them to retire to some place at least one mile south and west of Rocky Springs, until the boundary could be determined. The settlers on receiving this advice, quietly removed — a striking proof of the good order that prevaUed. He addressed, at the same time, the following letter to Samuel Mitchell, Agent for the Chickasaws, manifesting an interest in their well-doing which, it is hoped, will always be cherished here : " I am pleased with your efforts to advance the happiness of our Chickasaw brethren. I hope, under your tutorage, that they will soon acquire the habits of civilization. Exert all your infiueuce to induce the men to have fixed abodes and to cultivate the soil, and encourage the women to habits of domestic life. Continue to supply them with wheels and cards, scissors, thimbles, needles and thread. Retain a competent weaver con.^tantly in your employ, and persuade a few young girls to learn the art from him. A competent man, of undoubted morals, mu,st be procured, who must take the necessary pains to teach them, and I will see him liberally compensated. It is desirable to place a, few intelligent Indian lads with your wheel-wright and black-smith. In all cases, it is my express injunction that the white mechanics, you are authorized to employ, shall be men of sober habits and of a good character. They are to be there not only as artisans, but as teachers, to set an example to an untu tored people, entrusted to my guardianship by their great Father, the Presi dent, and he demands that they shall be treated as his children, and not, in any instance, be exposed to the evil example of bad white men. Say to my old friend. Major Colbert, that his wish to have his son educated in" and by the United States shall be promptly recommended by me, and, I doubt not, will be so directed by the President. A trading house, "for the accommodation of the Chickasaws, has been established at the Bluffs, and the factor has been in structed to sell at prices merely to cover cost and charges. Complaint of undue charges must be made, through you to me. Y'ou did right to exert your 'influence for peace between the Chickasaws, Choctaws a,nd Osages. The United States is bound by treaty to restrain the tribes within their limits from warring against tribes iii the Spanish dominion." The following correspondence between Mr. Madison, Secretary of *Now Clinton, iu Hinds county. Territory and State. 233 State, and Governor Claiborne, is a clear exhibit of the complicated and distracted condition of the Territory at that time, in relation to land claims and conflicting titles. It covers the whole ground, and wiU explain what few have a clear conception of: MR. MADISON TO THE .OOVERNOR. 1802. "Herewith enclosed is a copy of the agreement entered into on the 24th April, last, between the Commissioners of the United States, and those on the part of Georgia, duly authorized for that purpose, which agreement was rati- by the Legislature of that State on the 16th June last. According to the act of Congress of May 10, 1800, the Commissioners of the United States autborized to settle the terms of a compromise with the State of Georgia, are further authorized to inquire into the claims which are or shall be made by settlers, or any other persons whatever, to any part of the lands in question, and to receive from the claimant propositions of compromise, and lay a full statement of the claims and propositions, together with the opinion of ¦ the Commissioners thereon, before Congress for their decision. Of the claims to be made a part is defined and recognized in the 2nd article of the agreement, under the head of grants legally executed to actual settlers within the Territory ceded to the United States prior to the 27th October, 1795, by the former British Government of West Florida, or by Spain. And under the head of claims derived from any actual survey or settlement made under the laws of Georgia, passed February 7th, 1785, entitled "An act for laying out a district situate on the river Mississippi, and within the limits of the State, into a county to be called Bourbon." To enable the Commissioners to make the proper report to Congress on this part of the subject, you are requested to furnish them with the best informa tion you can obtain ; first, with the extent of territory on the Mississippi and Mobile which has been relinquished bythe Indians. (Sscotic?/)/, with respect to the claims recognized by the second article of the agreement with Georgia. To make this last information as full and accurate as possible, it may be well to invite the claimants by public advertisement to file, prior to the 1st November, before the proper county officers, the particular authority and extent of their respective claims, and the chain of title derived to the present claimant, from the original title. The commissioners hope that you will be able to state to them particularly the manner in which grants were made and completed under both the British and Spanish governments, this information being necessary for the use of Congress in carrying the second article of the agreement into due effect. Should it be found impossible to render the information on these points complete, you will notwithstanding be pleased to forward the best you can col lect. The other claims to be enquired into, and which though not recognized, fall within the report to be made to Congress, are : First, and principally, such as are grounded on alleged grantsof Georgia, subsequent to the Bourbon county aet. With respect to these claims it is not desired that you should make any public call for information, but you will oblige the commissioners by inquiring and communicating, what, or whether any steps, have been taken in behalf of the claiming companies towards set tling, selling out or surveying any part of the lands ; and particularly whether any tract is now actually occupied by any of these claimants. Secondly, Claims, if any, derived under the French government previous to the peace of 1763. Thirdly, Claims derived under the British and Spanish governments previous to the treaty of 1795, but unaccompanied by actual settlement at the date of the treaty. Fourthly, Claims derived under the Spanish government by grants made sub sequent to the Spanish treaty of 1795. Fifthly, Claims founded on the third section of the Bourbon county act of Georgia. The four last description of claimants may also be publicly invited to hand in a statement of their respective claims by the 1st November, that they may he transmitted by you, in due time, with tho others. It is proper that the 234 Mississippi, as a Province, claimants in these cases should be aware, that their claims not being included in the guarantee of the second article of the compromise with Georgia, the consideration of them by Congress will be barred, by the third article, after the period of one year from the assent of Georgia to the instrument of com promise. In calling for the information wished from the claimants not included in the guarantee, it will occur to you as proper to use a language neither committing the government on one hand, nor damping expectations too much on the other. It being uncertain what degree of strictness or liberality may be exercised by Congress, the present measure must be limited to the collection of such infor mation as may enlighten or influence their decision. With this vievv' you can not be too particular in explaining tbe nature and extent of the several classes of claims, to which may be added the number of persons who will be affected by the decision on each class. It may be satisfactory also to know the general sentiment and expectations prevailing in the Territory on the subject. Should there be claims of any sort within the Territory which have es caped the above enumerations, you will oblige the commissioners by adding a jDarticular account of them, communicating at the same time your estimate of the extent and dimensions of the territory not claimed by the Indians; of the aggregate quantity of land covered by claims under the second article of the compromise, and the like aggregate of all other claims. It need not be suggested to you that where records of claims exist, suitable extracts from them will be proper, and that it will be expedient to complete and transmit your communications with as little delay as possible. It only remains for me to ask your indulgence for the heavy task which is imposed on you, aud to assure you of my great respect and esteem." This was "a heavy task" indeed, to impose on one who had not been [eight months in the country, and who during that time was charged with the administration of a new Territory, distracted by party feuds, and with the management of two powerful tribes of In dians. It was a task which the commissioners should properly have executed, and which they were liberally paid for. Yet while they loitered in their places of ease, the duty was demanded of a hard working ofiicer, without the slightest hint of compensation. Many functionaries would have slurred this exaction over, but the conscien tious Governor grappled to it, and on the 5 th November raade the fol lowing exhaustive report : GOVERNOR CLAIBORNE TO MR. JIADISON. Washington, M. T., November 5, 1802. In conformity with your request the claimants of land, (of the several ela.sses specified by von) were invited by public advertisement, to file, "prior to the 1st day of November, before the clerks of the several county courts, the particular authority and extent of their respective claims, and the' chain of title derived to the present claimants from tlieoriginal title." I had hoped that there would have been sucli a general compliance with thi.s request, as to enable me to make a full and accurate estimate; but, from various causes, the reports are not as general as had been anticipated. Some few claimants, whose titles are believed to be good haye not rejiorted, either through inattention, indifi'erence orsome other motive. Others liave held back apprehending that some flaw might be detected, or really because a link iu the chain ot title may be miss ing. But the main reason is that as soon as mv public notice "was given, some designing persons circulated the report that this call for titles was Intended to operate against the holders, and many wcretlierebv deterred from making their exhibit. But upon the returns made, I -will endeavor to answer your inquiries in the order you have put them : Fi'r,-.-/. With respect to the extent of territory, on the Mississippi and the MobUe, which lias been ceded or relinqui.slied by the Indians. Territory and State. 235 Until the boundary line between the United States and the Choctaws shall have been restored and marked, the quantity of land in what is known as the old Natchez district, cannot be accurately ascertained ; but from the best infor mation, it is conjectured that there may be some 2,500 square miles, or about 1,600,000 acres, which comprehend the present counties of Wilkinson, Adams, Jefferson and Claiborne. On the Mobile, it may be assumed, without pretending to accuracy, that there may be some 4,600 square miles, or near 3,000,000 of acres, embraced in the present county of Washington. The greater part of tbe land on the Mississippi, above referred to, is very fertile and productive. Of the 3,000,000 on the Mobile, one-third of it may be classed as arable, and on the margin of the rivers exceedingly rich ; the other and larger portion is denominated pine barren, valuable for timber aud pas turage, but not adapted for agriculture. A map indicating the settled portion of both districts is herewith trans mitted. Second. With respect to the claims recognized in the 2d article of the agree ment between the United States and Georgia. These claims may be classed under three distinct heads : First. Grants by the British government prior to the 27th October, 1795, to actual settlers within the ceded territory before that date, and the conditions of which grants have been fully executed. Second. Grants by the Spanish government to persons who were actual settlers within the ceded territory on the 27th October, 1795, legally and fully com pleted. This class is the most numerous. Third. Claims of persons who were settlers, within the ceded territory on the 27th October, 1795, derived from actual surveys or settlements made under the statute of Georgia, approved February 7th, 1785, commonly called the Bourbon act. Few of these claimants allege to have made actual surveys. Itwouldhave been unsafe to have done this, the Spaniards being in possession of the country ; but they rely upon the settlements they made under tacit permit from the Spanish authorities, and the encouragement of the State of Georgia in the Bourbon act. Packets A, B and C, herewith enclosed, contain duplicates of the claim.-? filed under these three heads. Among the titles recognized in the agreement between the United States and Georgia, there will be a few which conflict, viz: Lands claimed by different persons under British and Spanish titles, who were each settlers in the district on the 27th October, 1795. This will be found to have been brought about by one of two causes. The British grantee did either not reside in the district, or being resident, had not complied with the conditions of his patent, when the same land, or part of it, was granted to another party by the Spanish author ities. Under the British government, grants were sometimes made directly by the King, but more frequently by his representative, the Governor of West Flor ida. The former title was conferred for some signal service rendered by the grantee, chiefly in the army and navj'. The latter, which were, of course, more numerous, were obtained by the following process : The applicant pre sented a petition to the Goyernor and Council, upon which, if satisfactory, an order issued to the Surveyor-General, called the warrant of survey. When the survey was completed and flled in the office of the Secretary of the Province, the patent issued. It frequently happened that, by delay in the Surveyor's office, or the pressure of business, persons v/ho had obtained orders of survey and paid, in advance, the fees for the work, had not perfected their title Avhen the Spaniards conquered the province. They rest on the strong equities of their case. Under the Spanisli government the party proceeded likewise by petition to the Governor-General of Louisiana, sometimes to the resident Governor at Natchez, and if acceded to, an order is issued to the Surveyor-General to survey and put the petitioner in possession of the land, and then there issued a patent, with a plat and certificate of survey annexed. In this case, likewise, there are numerous claimants who claim only by the warrants for survey, and who took possession of and improved the land, but have obtained no patent. I now proceed to claims not recognized in the agreement with Georgia, but concerning which you desire information. 236 Mississippi, as a Province, First. Claims grounded on the alleged grants made by Georgia, subsequent to the Bourbon act. I have not learned that any tract of land is now occupied by any of those purchasers, or by persons claiming under them. A copy of a letter or circular in regard to the Georgia sale, dated Boston, October 1st, 1799, issued by persons styling themselves, " agents for the proprietors of Georgia lands," addressed to sundry respectable citizens of this Territory, is herewith transmitted. Second. Claims, if any, derived under the French government, previous to the peace of 1763. No title accruing froni this source has been filed, and, so far as I can learn, no claim on the part of the ancient French concessionists or occupants, or of and in behalf of their heirs or representatives, ever appeared, or was pre sented to either the British or Spanish governments in this district. The fre quent wars between the French and the Natchez, culminating in the great massacre of the former in 1729, induced them, even after they had driven the savages from the country, to abandon their possessions in this quarter en tirely."* Third. Claims derived from the British and Spanish governments previous to the treaty of 1795, unaccompanied by actual settlement, within the ceded district, at the date of the treaty. No claims of this description have been filed under my invitation, nor is it probable that there are many such of Spanish origin. But it is matter of notoriety that British claims of this character are numerous. By far the greater part of the valuable plantations and improvements in this Territory have been made upon lands granted by the British authorities of West Flor ida, and subsequently regranted by the Spanish authorities to other parties. It may be proper here to state that the time allowed by the treaty between Great Britain and Spain (1783,) for British subjects, in West Florida, to sell, convey or improve their lands, was by an act of comity on the part of Spain, prolonged, and two or three years beyond the time specified in the treaty, elapsed before the Spanish government commenced granting lands heretofore granted to British subjects. Fourth. Claims derived from the Spanish government by grants made subse- ctuent to the treaty of 1705 between the United States and" Spain. These may be divided into three classes : 1. Where patents were issued subsequent to the treaty on Spanish warrants of survey made previous to said treaty. 2. Where the warrants and the patents were subsequent to the treaty. 3. Where both warrants and patents were indeed subsequent to the treaty, but both ante-dated so as to make them appear prior to the treaty. It is understood that many patents of the first class were issued, though few have been filed. Warrants of survey, in many instances, had been obtained, followed by actual survey and settlement, which it was the Spanish custom to recognize as a good title, even before the patent issued. Claimants of this class were often indifferent about the patent, and exercised over the land com plete ownership and the right to sell the same, considering it a mere matter of form to get the final patent. Hence, at the date of the treaty, many were found with incomplete titles. Some of these deemed it advisable to obtain patents from the Spanish office, which continued open after the treaty. But others ¦*The French, under concessions granted by the King, had, at the time of the massacre, several extensive and we'll improved plantations around Natchez, par ticularly on St. Catherine's, extending from tlie present "Washington road, down said creek, on both sides, to the Woo'ilyille road. There was a plantation, near the mouth of Cole's Creek; one or two on Bayou Pierre, and at "Walnut Hills, and quite a settlement around Fort St. Peter, oil the Yazoo. Nearly all the occu pants perished at the time of the massacre. The few that escape'd, made their way to New Orlean.s. And it is remarkable that their claims, which were un questionably valid, and would, doubtless, haye been recognized by either the British or Spanish government, were never presented. In 17-1.5, during the administration of Vaudreuil, it would appear that there were eight soldiers and two families of negroes at Natchez. The Choctaws, find ing that there were neither Indians or whites in the country, used it as a hunting ground, and camped in considerable numbers, but never built any towns or vil lages in the district. Territory and State. 237 conceiving that such action was invalid, trusted entirely to the agents of their claims and the justice of the United States. Of the second class five claims only have been filed, but many others still exist. Some parties iu favor with the Spanish officers, trusting to the con tinuance, for a time, of the Spanish tribunal sanctioned by Commissioner Ellicott and Lieutenant Pope, the only representatives of the United States then in the district, received titles for land which were dated at the time the title passed. The number of this class of claims is uncertain, but not believed to be many. The third or ante-dated grants. No claims of this class have, to my knowl edge, been filed, yet no doubt is entertained that they exist. They are believed to be numerous and to cover large and valuable tracts of land, and are held by men of means. Fifth. As to claims founded on the third section of the Bourbon county act. Many citizens who, subsequent to 1795, have settled aud improved unoccupied land, suppose that under this third section they will be entitled to a preference right when a land office shall be opened. The Bourbon act was repealed by Georgia in 1788, but from the little intercourse between that State and this remote district it is probable its repeal was not known here, or but partially known, or known only by rumor, and many citizens doubtless continued to make their improvements, 6071a fide, under the invitation of the Bourbon act. With respect to the aggregate of lands claimed under the agreement with Georgia, and of the aggregate of other claims, I have not data for reliable esti mates. But from the information before me I should say about 400,000 acres in the Mississippi region, are covered by claims under the second article of the agreement between the United States and Georgia. As to the extent of the private claims iu the Mobile region I can hazard no opinion until the returns from Washington county are received. It is under stood, however, that besides the pine barrens, there remains unclaimed, much valuable alluvial land at the disposal of the United States. That you may be more fully informed as to the true state of land claims in this Territory, I forward all the returns that have been made, filed under their several classifications. Among them will be observed some claims which can not, strictly considered, be comprehended under any of the species enumerated by you. For example, the titles by Spanish warrants of survey and actual possession, but no patents, may be so viewed. But this species of title ia esteemed here as invulnerable, in an equitable point of view. They were con sidered perfectly good by Spanish officers and jurisconsults; and by the Spanish custom the holder was authorized to sell, aud make title to the same after three years of occupancy. It will not escape your notice that a great proportion of the present popula tion in this Territory is composed of citizens who have made improvements on vacant lands. The heads of families of this description in the counties of Wil kinson, Adams, Jefferson and Claiborne, exceed seven hundred, and with their families may be estimated at over two thousand. I do sincerely hope that these citizens may be secured in their improvements and that Government will offer the vacant lands in this Territory upon mod erate terms, and in small tracts, to actual settlers. If this policy be not ob served much distress will ensue, and the effect will be to drive them, in dis gust, to the Spanish province below, where strong inducements are held out to attract them. Lands are there conferred on the petitioner without price, if he be a poor man. Should these patriotic men be driven, by a harsh policy, from their humble homes, their improvements will fall into the hands of rich specu lators, either of this Territory, or from abroad. Thus we shall not only lose our most prompt and available fighting population, but the settlement of this Territory will be retarded by the monopoly of the best and most valuable lands in a few holders. This most remote and infant settlement of the United States now isolated and comparatively defenceless, would be rendered utterly helpless. You would banish a people to be relied on in emergencies, and foster a few wealthy speculators, who would probably introduce a large number of negroes, a class already formidable for our present population." 238 Mississippi, as a Province, governor claiborne to mr. madison. Natchez, January 20, 1803. "I have the honor to enclo.'=e returns of claims filed in Washington county, Mobile district. Most of the titles exhibited there are incomplete. It is not believed that any of the citizens claiming under Spanish titles have obtained patents previous to October, 1795, but remained in possession of their lands by virtue of an order of survey from the Governor-General. With regard to this species of title I was explicit in my report to you of the 5th November, last. I no"v7 further add that, it was not until after the conquest of West Florida by the Spaniards that they introduced the custom of issuing patents. Previous to that time a warrant of survey, and possession, was the only mode of conveyance. And subsequent to the conquest this kind of title, after three years of occupancy, was considered equivalent to a patent. There are in ATashington county one hundred and eight heads of families, who have settled upon and improved vacant lands since 1795. I flatter myself that to all such a right ot pre-emption will be allowed, at a reduced rate, as some compensation for the dangers they have faced, and mili tary services they are willing to render. They are our videttes on that remote and exposed frontier. This just and generous policy will be the only means of preventing a considerable emigration to the Spanish territories." THE OLD CHOCTAW LINE. 1802. General WUkinson was engaged in running the line. Novem ber 24th he wrote to the Governor : "The mouth of the Yazoo, which is called for as the beginning of the old boundary, has, by a breach of the Mississippi made through its banks, and the consequent desertion of its ancient bed, been shifted about six miles. This involves some difficulties witli the Indian Commissioners ; and to this one more serious is added. The British surveyor left his east line entirely open, and, it would seem, five or six miles, at the beginning of his south line. The Choc taw commissioners expect to see the old line, and nothing less will satisfy them. It consequently becomes necessary for me to repair to the Big Black river, in order to exhibit to them the marked trees, and from thence to retrace the line back as far as it can be discovered ; after which I shall propose, on the ground of mutual accommodation, to continue the line to the first bluff on the Yazoo, above the inundations of the Mississippi, and there to fix our beginning." David Ker received his commission as one of the Judges of the Superior Court. December 21st the Governor wrote to IMr. jMadison: "^Ir. Ker's appointment has given much satisfaction to a large majority of tlie citizens. He is a valuable acquisition to the bench."' The closing of the port of New Orleans to western produce was at this time producing much excitement. The Governor wrote to Mr. Madison : "Tlie port still remains shut against the American deposit. American pro duce is perniitted to be received hy vessels lying iu the stream, but the landing and the storing \>\ unconditionally" prohibite'd. Indeed, so rigorous is the regu lation on this point tliat, in a recent instance, when a boat loaded with cotton was capsized, it was with difficulty a permit was obtained to place the cotton temporarily on the levee to dry. Notwithstanding the assurance of the Gov ernor-general, iu his letter to me, that the Intendant, Morales, was independent of his authority, and had adopted this measure on his own motion, and with out instructions from the Ministers, I am firmly persuaded to the contrary. Morales is a man of intelligence and fortune, and he would scarcely venture to adopt a restriction of this nature without autliority." Territory and State. 239 GOVERNOR CLAIBORNE PROPOSES TO SEIZE NEW ORLEANS. Natchez, January 3, 1803. To James Madi.. powerful combination of laivless citizens of the United States, in violation of the laAvs of said States and with out the privity of the government, is preparing to carry an expedition into the territory of his Catholic Majesty, who is at peace with the United States, I have thought proper, agreeably to the principles of good faith, andto ex onerate my government from any suspicion of participation iu this design, to authorize the bearer hereof, Walter Burling, to pass all guards and garrisons of the United States and to proceed to the city of Mexico, for the purpose of handing to the "Viceroy a detailed report of said Burr's plans and designs. Given at Natchez, Territory of Mississippi, Avitness my hand aud seal of arms. James Wilkinson. November 15, 1806. The report of Colonel Buriing, made over seventy years ago, is ex- by Gayoso, in token of the friendly relations he maintained with the inhabitants, and as long as Governor Minor or his estimable widow or his highly respected son lived, Wm. J. Minor, lived there, and untU the late civil war, it Avas maintained in the highest style of Sonthern hospitality and elegance. _ No residence m Mis sissippi has so many historical associations connected with it. -'The General proceeds immediately to New Orleans, leaving Mrs. 'Wilkinson, we are sorry to add, extremely iU at Goyernor Minor's.— Natchez Herald, INoyem- ber 11th, 1806. 18 2 74 Mississippi, as a Province, tremely fresh and interesting, and has as much value topographicaUy, as though raade but yesterday. And it supplies the information that Hamilton Avanted frora Wilkinson, Avhen he summoned him to Phila delphia in 1799— the internal condition of Mexico and the proper line of approach. When our volunteers got back to Mississippi they found it in a very excited condition OAving to the reported movements of Aaron Burr. A thousand rumors prevaUed, but the one generally received was that he Avas descending the river Avith tAvo thousand men, to seize Ncav Orleans, its treasure and its shipping, and then to invade Mexico. The conquest of Mexico from the Spaniards Avas a very popular propo sition at that day in this section of the country, and had that been the sole object imputed to Burr, he Avould have found littie or no opposi tion. But the seizure of New Orleans Avould be an act of hostUity to the government of the United States, and the intense Union sentiment and national pride Avhich have ahvays characterized our people, Avere immediately aroused. Colonel Burr had his supporters — Avho believed or did not believe the unlaAvful designs attributed to him — but the great mass of the people, the AA'hole fighting element of the Territory, regarded him as a traitor, and many, including Governor Mead and most of his political friends, unjustly, suspected General Wilkinson of complicity Avith him. » 1806. On the 27th November, President Jefferson issued a procla mation, calling attention to an unlaAvfiU expedition reported to be in preparation. Governor WUliams had left the Territory on the 21st April on a visit to North Carolina, leaving it in the hands of Secretary Mead. De cember 23d he issued a proclamation calling attention to the unlaw ful expedition, and recpiring all officers, civil and mUitary, and all good citizens, to aid in suppressing" it.* ¦¦¦¦By Cowles Mead, Secretary E.^vecuxing the Powers and Performing the Duties of the Goa'ernor op Mississippi Territory. proclamation. Whereas, Information from various sources, as well by affidavits as otheiAvise, Ims heen communicated lo me of the designs of an association whose object is tbe dismemberment of this and the neighboring countries from the Government of the United States ; and, Wl-lERE.iS, EA'ery attempt of this kind must be ruinous and destructive of the numerous blessings Avliioh Ave now enjoy, under the auspices of a Government founded on the grand ijrinciples of political equality, and indiscriminate justice; and. Whereas, The conspiracy is directed by men of secret and profound intrigue, for tiie aggrandizement of themselves and their minions, to tlie oppression of the great mass of the people, Avhom they are endeavoring to dupe and inveigle; From the foregoing causes, 1 have thought jiioper to issue this my proclamation, for the purpose of guarding the good people of this Territory against the agents of this diabolical plot, and Avarn them of tlieir danger from "that quarter; audi do hereby solemnly call on and enjoin the otficers, both civil and military, and the citizens of this Territory, to perform their sacred duties to their country, by aid ing and abetting in the detection of any agents employed in this country, and if found, to be brought Avithout delay, before the proper tribunals of the country, that they may receive their trials for such high oli'ences against the peace and happiness of the Mississippi Territory, and the dignity an'd sovereignty of the United States. And I do further enjoin and require tlie ofiicers and citizens of the Territory, to be on the alert and prove their patriotism by giving such assis tance for the development of this traitorous project as their respective situations will attbrd ; and. Territory and State. 275 CoAvles Mead Avas a A'irginian, Avho Avent, at an early age, to 'Georgia, studied for the bar, and Avhen barely eligible had a violent WHERE.4S, I am aAvare of the influence ot intrigue and misrepresentation, and that men of pure intentions may sometime be deluded ; I do therefore iuA'ite all oi this description if any, to return to the bosom of their country and the confi dence ot their Government; and, WHERE.iS, I have reasons to believe that many of the officers of this Govern ment have not taken the oaths required by the ordinance of Congress and the .Statute of this Territory ; I do in consequence thereof, require all officers Avho have not taken the said oaths, to come forward and take the same in tlic course of fifteen days from the date ot this proclamation ; and in default thereof, I do here by revoke all the powers, ciA'il or military, whieh they possess, and their commis- -sions are hereby A'licated and annulled. GlA'EN under my hand and the seal of the Territory, at the town of Wash- ,[L. S.] ington, this the tAventy-third day of December, 1,S06, and of the Indepen dence of the United States, the thirty-first. Cowles Mead. Headquarters, )^ ToAVN op Washington, Dec. 25, 180G. j GENERAL ORDERS. Hriving received information from various and correct sources, of the existence of a traitorous connection of indiA'iduals, Avho have formed themselves into an association for the purpose of executing designs inimical to the peace, happi ness and union of our comraon country ; and being willing and an.vious, as the Eepresentative of the Government of the United States, to pursue such measures as may best suljserve its true interests and the interests of this Territoi-y, 1 have deemed it essential at this crisis to issue these my General Orders, for the more ¦complete organization of the militia of tiie Territory. The 1st P„egiment Ai'ill muster at the toA\'n of Washington, on Tuesday, the 20th of January, at 11 o'clock. The 2d Regiment on Saturday the 10th of January, at Greenville, at 11 o'clock. The 4th Begiment on Monday the 12th of January, at Gibson-Port, at 11 o'clock. The Sth Eegiment on Saturday the 17th of January, at Piercy's Plantation, at 11 o'clock. Every commissioned officer, non-commissioned officer and inuA'ate, Avill appear on parade equipt according to law, or suffer the penalties therein prescribed. By order of the Commander-in-Chief. W. B. Shields, Aid-de-Camp. Natchez, December 25, 1806. REGIMENTAL ORDERS. The Commander-in-Chief having issued his General Orders,directing that the 1st Eegiment muster at the 'ToAvn of Washington, on Tuesday the 20th of January, at 11 o'clock; and having stated the certainty of an association of designing and laAvless individuals, Avho menace the peace and interest of our country ; I do hereby enjoin and require the punctual attendance of the Eegiment on the day, .and at the place ordered ; and at this very criticaPperiod, I solicit the officers commanding companies, carefully to enrol every man in their respective districts •capable of bearing arms. It is expected that more than ordinary attention aviU be observed in bringing the companies to the field of muster, equipped agreeably to law. Ferdinand L. Claiborne, Lieut.-Colonel Commandant. attention ! The Company of militia, composing the Northern Division of this city, are -ordered to attend a Eegimental Muster, at the tasvn of Washington, on Tuesday the 20th of January next, at 11 o'clock, armed and equipped according to laAV. Timothy Terrell, Lieut. Commanding. Natchez, December 29, 1806. 276 Mississippi, as a Province, contest with the Hon. Thomas Spaulding, an old politician and very wealthy planter, for Congress, and Avas returned. Mr. Spaulding co\i- tested the election. It appears that the statute of Georgia required all the returns to be made to the Governor Avithin tAventy days after the election ; that three counties failed to make their returns within the prescribed period, Avhereupon the Governor proclaimed that Mead Avas elected by one hundred and sixty-nine votes, and gave him his certificate. It Avas established by clairaant that a tremendous hur ricane prevented the returns from these three counties in time, and that, if counted, they Avould give him a majority of thirty-one votes over the sitting member. The committee reported in favor of claim ant, and, after an exciting debate of two days, the report AA'as sus tained by a vote of 62 to 52. President Jefferson soon after appointed Mr. Mead Secretary for the Mississippi Territory, and it avUI be seen that, OAving to the casual absence of Governor Williams, he performed the executive duties at the most important junctures. The oratorical reputation of the young Secretary had preceded him. When he arrived at the Territorial capital, a public dinner Avas given in his honor, and the chronicles of the ancient village report that his speech enchanted the company. His conversational and declamatory powers were captivating, but exuberant. He Avas too rhetorical to appea,r logical and practical. His speeches Avere a succession of beautiful flights, exhprtations and appeals; and although unquestion ably a man of genius, he Avas classed as visionary, and often felt him self Aveighed doAvn by very inferior men. In our utilitarian times this is not uncommon. Fcav statesmen now can venture to be briUiant. If Edmund Burke, himself, Avith his profusion of metaphors, elaborate, intricate and subtie, could re-appear in parliament, he Avould not be a success. Men Avould not stop to scan the deep philosophy, research and Avisdom at the bottora of his figures, and Avould, probably, pro nounce him, the most original and prophetic thinker of the century- bombastic and superficial. This is the consolation of musty prosers and obtuse inteUects. Stupidity, as soleran and as useless as a China mandarin on the mantie, AviU look grave and shake its head over the most splendid effiisions of cultured fancy ; and the merest truisms and common place are preferred to beautiful thoughts, lit up by the fire of genius, and the tinted hues of a poetic imagination. It was upon this rock that Mr. Mead Avas shipAvrecked. His speeches in the Legislature and in the Convention of 1817, alw-ays produced a sensa tion, yet seldom carried conviction, and most frequentiy he voted in the mmority. He scattered gems until the circle around him grew brUhant and dazzling, but, hke phosphorescent fires, his eloquence left no impression ; the argument and the impression died away Avith the melody of his tones. Mr. Mead Avas an ardent Republican; he had many Avarm friends, and on the retirement of George Poindexter, he was a candidate for Congress, and would, probably, have been elected, but for one fatal error. In i8i2-'i3, while he AA'as at Baton Rouge, AvUh the commis sion of colonel m a regiment of volunteers, commanded by General Claiborne, and expecting orders for the frontier, he was induced, by political friends to throw up his commission and return home to can- Territory and State. 277 vass for Congress.* This gave his pohtical enemies, Avho Avere numer ous, violent and influential, their opportunity. Presenting no candi date from their OAvn number, they contrived to bring out Christopher Rankin, a young laAvyer of Amite, a republican of calm and moderate temper, Avith no enemies, and a sensible and logical speaker. He AVas elected by a decisive majority. Mr. Mead incurred this martyr dom for his party against his OAvn inclination and judgment. Subse quentiy he Avas often elected to the Legislature ; usuaUy voted into the Chair and presided gracefully and Avith marked ability, j He resided, in his latter years, near Clinton, Mississippi, and died univer saUy esteemed, an exemplary member of the Presbyterian church. 1806. An undefined apprehension of impending danger pervaded the Territory. No one knew in what form it Avould come, or from Avhat quarter, but rumor trod on rumor, and ' ' the airy shapes that ¦syllable men's names" SAvarmed in the atmosphere. At length the ncAvs came distinctly and specifically, from many and respectable sources, Avith affidavits and solemn Avarnings, that Colonel Aaron Burr Avas descending the river, from the Ohio and Cumberland, with a. flotilla of boats, and from one to tAvo thousand armed men. Dis memberment of the Union, the seizure of Ncav Orleans and the conquest of Mexico, Avere the objects imputed to him; and many persons believed, and some did not scruple to say, that General James WUkinson, though ostensibly making preparations to oppose him, Avas really a party to the plot. They condemned the concentra tion of his forces in New Orleans, a position difficult of defence, and with a population Avhose fidelity to the United States had not been tested, and in Avhich the French and Spanish element predominated. The suspicion of this defection greatly increased the general alarm. In this suspicion of Wilkinson Governor Mead strongly participated, and he Avarned Governor Claiborne, who Avas cordially co-operating Avith General Wilkinson for the defense of the city, to be on his guard "*Poindexter, was then canvassing for Governor, and in a letter from Win- ¦chester, Wayne county, he says : " Mead has injured himself by coming out here in a carriage. It is regarded as too extravagant. I fear he will be de feated." fl recollect, on one occasion, (long after Mr. Mead bad retired to private life) the House of Eepresentatiyes of Mi&sissippi, and the Chair, had got into a state -of confusion, thoroughly befogged and at a stand still, on some intricate point of order. Seeing General Mead in the lobby, I (then representing the city of Natchez and county of Adams) took occasion to pronounce a eulogy on his public services, on his distinguished career as Speaker, and his great familiarity with parliamentary law, and concluded by moving that he be requested to address the House on the point of order. The Chair very gracefully joined in the suggestion. The motion was adopted by acclamation. The old General Avas escorted to a place by the Speaker, and, "in a luminous speech of fifteen minutes, put every thing right. In 1808, in a debate in the General Assembly of the Mississippi Territory on the power of the Governor to prorogue that body," Mr. Poindexter, then the delegate to Congress, being present, Avas called on, by unanimous consent, for information in regard to the opinions of the President on this point, Avhich he communicated .at some length. — Natchez Chronicle, October 5th, 1808. In the Convention that assembled to form a constitution for the State of Frank lin, the Eev. Samuel Houston presented a draft of a constitution, and the same having been read, it was moved that the Eev. Hezekiah Balch, a Presbyterian minister, then in the lobby, be invited to address the Convention on the merits of the paper submitted. Mr. Balch came forward and animadverted severely on the plan submitted, and it was rejected.— ifawwaj/'s History of Tennessee, p. 323. 2y8 Mississippi, as a Province, against the American general. The old, and, as we have seen, ground less, scandal about the Sabine expedition Avas still credited m Mississippi, the documentary proofs which our readers have the benefit. of, not having, at that time, been submitted to the public. At this day when we know how feeble the force was with which Colonel Burr descended the river, the alarm that pervaded the country seems unaccountable and even ludicrous. But it was then a remote settiement, and had been the scene of frequent insurrections and po litical changes. It was encompassed by warlike tribes of savages; was not too distant from the Spaniards for invasions, and scarcely any communication with other portions of the United States, a thor oughly isolated people, but true to every American instinct and tra dition. . , , 1807. Early in January, of the coldest winter ever known here. Colonel Burr, Avith nine boats, arrived at the mouth of Bayou Pierre, and tied up on the Avestern or Louisiana shore. He crossed over to the residence of Judge Bruin, (Avhom he had known m the revolutionary war) and there learned, for the first time, that the Ter ritorial authorities would oppose his descent, though his landing on the Louisiana side would seera to indicate that he apprehended some opposition. He immediately Avrote to Governor Mead, disavowing hostile intentions towards the Territory or the country ; that he Avas en route to the Ouachitta to colonize his lands, and that any attempt to obstruct him Avould be iUegal and might provoke civU Avar. This communication rather increased than removed Governor- Mead's suspicions, and he addressed the senior officer of the district, as foUoAVS : Executive Office, "I Washington, M. T., 8 P. M. / Colonel F. L. Claiborne: Business of the first importance requires your presence at headqu.arters, Kepair here at midnight. Let not suspicion even conjecture where you are bound. The fate of fhe country may depend on my movement. Very respectfully, etc., CoAVLEs Mead. A more alarming summons Avas, probably, never addressed to a military man. Governor Mead evidentiy beheved Avhen he seiit this dispatch that Colonel Burr had arrived at Bayou Pierre Avith his- advance guard, and that he had behind him a formidable force. On tbe 14th January, he very clearly indicated his opinion, in tiie foUow ing orders : Executive Office, January 14th, 1807. Colonel F. L. Claiborne, Natchez : More rumors tell us that Burr is reinforcing at Bayou Pierre. My solicitude Avill induce me to repair there fortliAvith. You Avill, therefore, send to Green ville,-" by pack horses or carts, one thousand pounds of powder, and as much lead as you can spare. To-morroAV, at daybreak, I shall leave here with Farrar's ilragoons. I have issued orders to the militia of Jefferson and Clai borne counties to rendezvous at their respective places of parade, at which I shall be present on my Avay to B.ayou Pierre. The militia of this county you Avill order to rendezvous at some point selected by yourself, to aAvait further- orders. I am, etc., etc., Cowles Mead. *The then seat of justice of Jefferson county. Territory and State. 279 Executive Office, January 14tli, 3 p. m. Colonel F. L. Claiborne, Natchez: In reply to your request to march .at once, I think it imprudent until I am better informed of the vicAvs and strength of Burr. I dispatched an express to Colonel Fitzpatrick (commanding Jefferson county regiment) yesterday evening, Avho Avould reach that oflBcer last night. Major Bowman left head quarters this morning for Bayou Pierre, with all tbe orders and poAvers he may deem proper to employ. I Avish you to collect and organize the 1st regi ment and attend strictly to their discipline. Should Burr establish himself at Bayou Pierre in force, Ave shall require the Wilkinson county militia. You will postpone yonr march until I am informed from above ; but, at the same time, continue to call out and equip every man of your regiment Avho can shoulder a fire-lock. I shall detain Captain Abrams au hour or tivo. Am anxious to hear from above before I move. I am, etc., etc., Coavles Mead. On the ISth, Governor Mead and staff arrived at CreenvUle, and thence repaired to the mouth of Cole's creek Avhere Colonel Fitz patrick and Fleharty Avere stationed, it having been determined to guard the river and intercept Burr's flotiUa at that point.* Here Governor Mead addressed the troops, and dispatched his aids, Hon. George Poindexter and Hon. Wm. B. Shields, to intervicAv Colonel Burr. They Avere accompanied by Colonel Fitzpatrick. On the i6th, they reached the bank opposite the boats, and in response to their signal, a skiff Avas sent over for them. They Avere received by Colonel Burr, to whom Major Shields presented a letter from Governor Mead. Colonel Burr, in a sneering tone, ridiculed the suspicion of his entertaining vieAvs hostile to the country; de clared that he should have proceeded directly to Natchez, to call on the Governor, but for the information received at Bayou Pierre, and the fear of assassination ; denounced General AVilkinson as a traitor and scoundrel, making use of these Avords : " If I am sacrificed, my portfolio Avill proA'e him a villain." At this moment, the conversation Avas interrupted by an attempt of Lieutenant Patterson, of the Claiborne county raiUria, to seize three of Burr's boats. The lieutenant, Avho had been reconnoitering several days, had anchored his yaAvl behind a AviUow point, Avhich con cealed it from observation. Perceiving that the majorUy of Burr's men had left their boats and Avere strolling about in the Avoods, he landed Avith tAventy AveU armed men, intending to seize the boats lying tied ro the shore. Noticing this movement, Davis Floyd, a ¦*In addition to these military i-ireparations Governor Wilkinson had induced Commodore ShaAV, in command o'f the naval forces at NeAV Orleans, to concentrate the most of his vessels at Natchez, to oppose tlie tremendous flotilla reported to be coming down the river. from the NATCHEZ HERALD. The following armed vessels are now anchored in the Mississippi, opposite this city: Schooner Eevenge, 12 guns. Captain Eeed, flag vessel. Commodore ShaAv. Ketch Etna, 14 guns. Captain Jones. Ketch Vesuvius, 14 guns. Captain Leonard. Gun Boat, No. 11, 2 guns. Captain Dexter. Gun Boat, No'. 12, 2 guns. Captain Bainbridgc. Gun Boat, No. 13, 2 guns. Captain Alexis. Gun Boat, No. 14, 2 guns. Captain Patterson. Gun Barge Victory, 2 guns. Captain Henly. 28o Mississippi, as a Province, bold and daring man, approached Colonel Burr, who was conversing Avith the commissioners, and asked permission to fire on Patterson. Colonel Burr caUed on Colonel FUzpatrick to interpose, and the lieu. tenant Avas ordered to faU back to Cole's creek. Resuming the conversation. Burr pointed to his boats, and asked if there was anything mUitary in their appearance. The commissioners rephed that the men did not look like agriculturists ; that they looked like the right sort of men for a miUtary enterprise. He Avas then dis tinctly notified that the Mississippi troops had been assembled with orders to oppose his advance. He replied that he was Avilling to sub- rait to the civil authorities, and proposed an intervicAV Avith Gov ernor Mead, next day, at some convenient point; that the commis sioners should guarantee his personal safety and return hira to his boats, if the governor should not accept his terms ; that his boats and men should hold the position they then occupied until the proposed conference was over, and that in the meantime they should not be molested, nor should any breach of the peace, on either side, be com mitted. The proposition Avas accepted, and the home of Thomas Calvit, near the mouth of Cole's creek, Avhere Colonel Claiborne, in command of the mUitary, was stationed, Avas designated for the inter- vicAV. The comraissioners then took leave, much impressed by the nonciialance, grace, suavity and talent of this extraordinary man. In pursuance of this agreement, next morning Colonel Burr, attended by Colonel Fitziaatrick, descended to the mouth of Cole's creek, Avhence he Avas escorted by Captain Davidson's Jefferson dragoons to Mr. Calvit's. Governor Mead had arrived the previous evening, and had there received the foUoAving note : Camp Mouth Cole's Creek, January 17th. Sir : Our last advices from Bayou Pierre induce ua to believe that Colonel Burr's object is delay. The officers of the corps noAV here unanimously join me in declaring our ability to carry out all orders, arfd in praying you to ac cept no terms but unconditional surrender. Eespectfuliy, F. L. Claiborne, Colonel Commanding. On the arrival of Colonel Burr, Governor Mead immediately pro posed : I . That the agreenient entered into should be annuUed. 2. That Burr should surrender unconditionally to the civU au thority, and be conducted forthAvith to the tOAvn of Washington, the seat of government of the Territory. 3. That his boats should be searched, and all arms and munitions of Avar found therein, be seized and submitted to the disposition of the government. * "-¦¦At Burr's trial, Jacob Dunbaugh, a sergeant in the United States Army, Avho had obtained a furlough from Ids eommanding officer at Fort Massac, and come down with Colonel Burr, sAvore that on the night the boats left Petit Gulf, he saAV a man named Wylie pass into tlie stern of 'Colonel Burr's own boat with an augur and hand-axe, and that shortly afterwards he saAv several bundles of muskets loAvered into the river by cords, tiirough a hole made in the guuAvale of the boat. It is proper to add that Dunbaugh seems to have been a swift or willing witness. Colonel Fitzpatrick and officers searched the boats, and reported no more arms than Avould be needed in making a ncAV settlement. Per contra, Ave give an Territory and State. 281 To these terms Governor Mead required an unequivocal ansAver in fifteen minutes, Avith the understanding that if Burr declined them, he should be forthwith returned to his boats, and the mUitary Avould then be ordered to capture him and his party. The terms Avere accepted. Colonel Burr, hoAvever, protesting against being suffered, in any Avay, to fall into the hands of General Wil kinson. He received satisfactory assurances on this point, and im mediately set out for the tOAvn of Washington, escorted by Majors Shields and Poindexter. f The surrender of Colonel Burr to the civU authorities did not restore the tranquility anticipated. A number of his foUoAvers, as ignorant of his designs as the rest of the comraunity, dispersed themselves through the Territory, each giving his OAvn version of the expedition. Among our citizens there Avas much diversity of opinion. Many Avere fasci nated by the proud demeanor and courtly manners of Colonel Burr. Some regarded him as the victim of the President's jealousy and revenge. Some, in the spirit of party, vindicated because Jefferson accused him. A fcAV there Avere, the vultures of society, Avho boldly eulogized him, and demanded his imraediate discharge, because they hoped to share in Avhat they believed to be his schemes of rapine and plunder. Colonel Burr presented himself to Judge Rodney and gave his re cognizance in the sum of $5,000, with Col. Benijah Osmun and Ly man Harding, Esq. , as securities, for his appearance at a called session of the Superior Court, to be held on the 2d February. His boats were brought to Natchez, and the men discharged on parole. George Poindexter, attorney-general, in reply to certain interroga tories of Governor Mead, responded as foUoAvs : "Two modes of proceeding present themselves to me. 1. Suspension of the trial till the next circuit court for this county. 2. Transportation of the ac cused to the city of Washington for trial before the Supreme Court, or some district court of the United States. And here it Avould be Avell to consider the third article of the Constitution of the United States entire, before any meas ure is taken. I am of opinion that the Supreme Court, established by the Legislature of this Territory, has not the power to try Aaron Burr for treason, or misprison of treason. That court is the creature of a Teritorial statute, and can have no other jurisdiction than is expressly conceded by the letter of abstract of the deposition of Lemuel Henry, member of the Territorial Legisla ture from the county of Washington : "On the Sunday before Burr made his escape, and after his boats had been searched, and the report made that no arms had been found, a certain Eobert A. New, Avho appeared to be very intimate with him, and lodged in the same room, called on me and offered to sell some forty or fifty muskets and bayonets. He offered them at one-third of their value, and gave as a reason that the OAvners had no further use for them. KnoAving that there had been a search for arms and an official report that none had been found, I enquired of Mr. New how and where they were to be got ? He said that they would not be delivered to me, but should be deposited where I could get them. I declined the offer." fPROM GEORGE POINDEXTER TO COWLES MEAD, DATED WASHINGTON CITY, OCTOBER 27th, 1807. "Burr is acquitted of treason and held to bail for misdemeanor, to be tried in Ohio ; also Blennerhasset. The rest of the traitors are discharged. In the course of my evidence I mentioned that the convention entered into at Bayou Pierre betAveen Burr, Major Shields and myself, had been made void, by consent, in the conference at Calvit's. Colonel Burr peremptorily denied this in open court. 282 Mississippi, as a Province, the laAV. The act of Congress extending federal jurisdiction to the Superior courts of the Mississippi Territory, Avas made at a time Avhen that was the style of our highest courts, and therefore could not have contemplated any other description of courts subsequently established for our OAvn convenience. Again the Supreme Court has no origin.al jurisdiction, either criminal or civil, except in Chancery, and all criminal jurisdiction in and over the Territory is exclu sively vested in the circuit courts of Adams, Wilkinson, Jefferson and Clai borne counties, and the District or Superior Court of Washington county — these courts having been substituted in the room of the former Superior Courts, andbeing exclusively possessed of criminal jurisdiction, making it clear that they alone can exercise the federal jurisdiction given by the act of Congress. As to the construction of Colonel Burr's letter, threatening civil war in a certain contingency, it cannot operate as the basis of a prosecution, but might come in in aid of stronger proof." In the raeantirae all sorts of ruraors Avere agitating the commu nity. Henry Turner, then postmaster of Natchez, exhibited a letter from the postmaster of NashviUe, stating iDositively that tAvo thousand of Burr's recruits Avere on the river. Governoi' Mead received the following dispatch : Petit Gulp, January 20, 1807. Sir — To-day Capt. W. Calvin, from Pittsburg, informs me on oath that twelve boats of Burr's are in tAVo day's run of this place, loaded with arms, ammunition and supplies. When I heard your speech at Cole's Creek all my doubts as to the military character of the expedition Avere removed, and I am satisfied that the boats noAv here only Avait the arrival of the others. A'our Ex cellency Avill, I hope, cause these boats to be removed lower down. I have the honor, etc., I. L. Patterson, Lieut. By order of M.ajor Fleharty. On the same day Governor Mead addressed the foUowing to Col. F. L. Claiborne : "Having heard that the house of 'Mr. Callender is made the receptacle of discontent, and finding a restlessness prevalent with certain characters, I ad vise you hereof, and authorize you to increase the guard if you deem it neces sary. Be vigilant. Direct Mr. Snider to supply the men at Fort Dearborn with rations for one weelc." The excitement still increasing the Governor deemed it his duty to resort to A'cry strong measures, as the foUoAving order avUI shOAv : Executive Office, ]M. T., January 22. Col. F. L. Claiborne, First Begimenl M. M. : Sir — Finding that some mischievous persons are about Natchez, who evince a hostile feeling to the government, and great partiality for the man now in custody of the laiv, I deem it my duty to order you to apprehend every person of this description, and send them before a civil officer, when, if a charge can be subtantiated by affidavit, you will send them here to Judge Eodney, under guard or otherwise. You Avill aid, on all occasions, the civil authority in keep ing the peace and maintaining respect to the laws. The number of Burr's friends demands the utmost vigilance and their licentiousness must be curbed. Cowles Mead. Under this order several arrests Avere raade, and the parties put under bond, but no further proceeding Avas had. Most of his foUoAV- ers Avere young men, innocent of any 'hostile intent against govern ment, ignorant of the object of their leader, Avhora they foUoAved from the mere love of adventure. They di.spersed themselves through the Territory, and supplied it Avith school masters, singing masters, danc ing masters, clerks, tavern keepers and doctors. Territory and State. 283 About this time Blannerhasset and Comfort Tyler, a noted adherent of Colonel Burr, arrived at Natchez.* Colonel Burr Avas the reqipient of much attention from a fcAv Avealthy citizens, and Governor Mead and the President Avere bitterly de nounced, but the great body of the Territory Avarmly approved their course. The Mississippi Messenger of February loth, 1S07, published at Natchez, by Samuel Terrell, gives the foUoAving summary : On Monday the 2d inst, an adjourned session of the Supreme Court of the Mississippi Territory Avas helcl in the town of V/ashington, to whieh Aaron Burr was recognized to appear and answer such bill of indictment as might then and there be exhibited against him. Col. Burr appeared on the day mention ed in his recognizance, attended by his counsel, William B. Shields and Lyman Harding, Esqrs. Agreeable to a venire facias issued by the Hon. Thomas Eodney and Peter B. Bruin, a jury of seventy-two freeholders appeared in court, and on the day following tAventy-three of their number Avere selected by the Court as a grand inquest. The Hon. Thomas Kodney then delivered to them a com prehensive and impressive charge, and the Court Avas adjourned till ten o'clock the succeeding day, at which time Mr. Poindexter, the Attorney-General, moved the Court to discharge the Grand .Jury. Ho stated that after examin- ¦ing the depositions submittei P. M., of Avhich his friends and acquaintance will be notified bj' printed cards. Although I do not knoAV that he belonged to any christian church or sect, or a professor or observer of all the doctrines taught by the Doctors of Divinity, 1 do know that he daily practiced and carried out many of their teachings tbe most useful to mankind. Therefore, as one of the friends of the deceased, I re quest you and the oiher clergy of this city, to attend his remains to the grave, and render such funeral services as the rules of your church prescribe. The deceased was an extraordinary man, possessing a vigorous mind, with a large stock of information, and an irreskstible resolution and firmness of purpose, which carried him straight ahead to his object, in the attainment of Avhich he always believed himself right. He Avas a humane master, a kind friend, an affec tionate brother— as sincere in his attachments as he was implacable m his resent ment, when he felt that he had been injured or betrayed. In every thing he did, he always exercised the utmost candor. Even in his resentment, which was always felt by those against whom it was directed, be displayed a nobUity and openness rarely Avitnessed in other men. Moreover, he was warmly attached to our government and country, and, m every sense, was a true patriot. In fact, I think with bis old friend, Col. John McCarty, of Virginia, Avho said the other day that, " AVhen Kemper died the race of the old Romans would be extinct."* . Thus, Sir, you have a brief o'-'tline of the deceased, for whose virtues I enter tain great reverence, AA-hose death occurred remote from fainUy and kindred, and to whose remains 1 desire every respect .should be paid. "With respect, vour obedient servant, '^ ' • G. C. BUSSELL. ¦'This gentleman had not long before kUled his brother-in-law. General Mason, one of the most eminent Virginians, in a duel. McCarty was the challengeu party and the duel Avas fought with muskets, charged Avith buckshot at ten paces. 3X2 Mississippi, as a Province. placed at the head of the revolutionists. But the change is too late. An army of regulars, chiefly from Vera Cruz, estimated at 3,000 men, is advancing on St. Antoine." Toledo Avas a Spaniard of talent and distinction, Avho had embraced the principles of the French revolution, and had been compeUed to es cape from Mexico. He appeared at St. Antoine directly after Kem per had relinquished the command, and Avhen Bernardo had lost the confidence of his foUoAvers. He had no difficulty in obtaining the supreme coramand, and he had the address to induce Colonel Perry, a gallant Araerican, Avith a company of his countryraen, to continue in the service. His force Avas estimated at 1,700, but Avithout disciphne, , Avith incompetent officers and inferior arms. Rumors of the approach of the royalists Avere rife, but no adequate measures Avere adopted to ascertain their movements or numbers. Colonel Perry, making a voluntary reconnoisance Avith hiscompany, Avas suddenly attacked by the advance of the royal army under Gen eral Elisando, some 1500 men, and after a severe engagement Avas compeUed lo fall back. Toledo came out Avith his troops to his assist ance, but General Arredondo, Avith the Avhole of the royal forces, was by this time in the action, and Toledo, Avith his undisciplined arniy, Avas routed Avith great slaughter and pursued as a far as Trinity riA'er, Avliere many of the fugitives Avere slain or droAvned. The revolution Avas crushed. A letter published in the Mississippi Messenger, from Natchitoches, September 4th, 18 13, gives some in teresting particulars : " The royalists Avere attacked about twenty miles beyond St. Antonio, by the army under General Toledo, consisting of Americans, Spaniards and Indians, amounting in all to about 1250 men. In the commencement of their engage ment the republican arms Avere victorious, and took tAvo pieces of cannon and destroyed a company of cavalry ; after whieh a halt Avas ordered, with a design of falling back and reforming the lines on an advantageous elevation of ground, and there Availing an attack from the enemy, who had been discovered by tAVo officers to be laying in ambush ; but tbe Americans, actuated by the facility of their former conquests, rushed forward,deaf to the orders of their comraanders, and were not stopped until they found themselves encircled by 3000 Spaniards. Those few Avho were more prudent and obedient, in A-ain attempted to give tbem succor, and finding the floAver of their army cut off, were forced for the preservation of their oAvn li\'es to make a speedy retreat, leaving every thing behind. And in this distressed situation have a number arrived at Kacogdo- ches,wliere they are rallying and intend making a stand, but I fear it will be in vain ; for what can they do after having lost all their ammunition, cannon and provisions? Accounts state that not less than three hundred families have left St. Antonio and Labadia in a most destitute situation — fleeing from the fero cious barbarity of the brutal Aredondo. ( )ur little toAvn will shortly be crowded Avitli the unhappy fugitives Avho have escaped with their lives. I dread the spectacle whieh their Avants and distress must present. The city of Natchez has ahvays been noted for its law-abiding pop ulation, its social order, and general conservatism and moderation in the highest party tiraes. Yet all the enterprises for the liberation of the downtrodden people between the Sabine and the Rio Grande, noAv known as Texas, originated in this ancient and historic city. Magee, Toledo, Childs, Archer, Lamar, Hunt, Green, Chambers, Houston, Quitman — heroic spirits Avho led the van in the march of freedom — all resided in Natchez, in turn, and here obtained material aid and co-operation. Generals Long and Walker Avere citizens extensively Territory and State. 313 connected by marriage Avith our community,* and from this point, not daunted by the misfortunes of Toledo, they set forth to aid a people struggling for freedom, and to reclaim for Louisiana a Territory that rightfully belonged to it. This expedition, like all that preceded it, and some that foUoAved, Avas a failure, ending in the death or disper sion of the parties. But the sacred flame — the holy sympathy — the brotherhood — the " one touch of nature that makes the whole world kin" — Avas never extinguished in this noble littie city, or in any portion of the State. In 1836, led by Quitman and Houston, our citizens marched to the relief of Texas, and in 1850, the sympathy for strug gUng Cuba Avas equally demonstrative. Men of large fortune and high station; men holding lucrative offices; men Avhose Avhole income accrued from their daily labor — all, alike, Avith equal alacrity, resigned everything, to rally around the standard of freedom. It was no desire for rapine and plunder — no vulgar fiUibustering — no mere sefish passion for personal glory — that inspired this universal enthusiasm. It was something more holy and exalted — an instinct springing from our common humanity, consecrated and supported by a soleran sense of duty. The arabition A\'as to rescue a Aveak and struggling people from oppression, and then to plant there, firmly and forever, the glorious banner of our OAvn Republic. And if ever the meraorable sentiments of Daniel Webster — " Liberty and Union; now and forever ; one and inseperable" — inspired a people, it Avas Avhen the sons of Mississippi marched for Texas, and afterwards enrolled themselves for the libera tion of Cuba ! The rescue of their fellow-men, and the extension of the area of freedom as part and parcel of our National Union, Avas the sentiment that SAvayed the whole community — a sentiment of devo tion to a common country and its flag, that Avas born Avith us at our birth — that grew with us in our youth and governed us in our man hood, and that Avas never stronger than Avhen we were forced, by a relentless fanaticism, 10 lake up arms in defence of our liberties and homes. The seceding States had surrendered more to establish the Union, and had submitted to more sacrifices to maintain it, and loved it better in the agony of separation, than some that remained to fight under its flag ! That we erred in seeking a separate nationality, and in adopting another flag, and another constitution, avUI not be here denied. But it Avas an error in behalf of freedom, maintained by prodigies of valor, and, as Edmund Burke said, ' ' much must be par doned to the spirit of liberty." Our contemporaries style it a rebel lion. Impartial posterity avUI recognize it as the act of a free people, exercising the sacred right of insurrection against oppression, and wUl consider it a civil Avar between sovereign States. The South stood upon a platform Avhich had been constructed by our fathers, and which was universally recognized untU overthroAvn by the SAvord. The feeling of her people was — " God judgeth for the best. God help us do our duty and not shrink. And trust in heaven humbly for the rest." ¦^General Long had been an array surgeon. He married Miss "Wilkinson, of Washington, Adams county, connected with the Graysons, Chews, Calvits and other Maryland families in that vicinity. General AV. W. "Walker was a member of the bar- a briUiant and elegant raan— married the daughter of Mr. Job. lionth, of Natchez. 314 Mississippi, as a Province, There Avere great errors, on both sides, for years preceding the mighty conflict; much that Ave now see should not have been done: much to deplore and to condemn ; but those who are to come after us, in possession of all the facts, wiU not return a verdict of " Guilty' only against the South ! Both sections poured out their blood like Avater, for what they beUeved to be the Right. And on the tombs of the brave men of both armies, who fell on so many stricken fields, should be inscribed the Avords that commemorate those' Avho died at Thermopylae : " Go, traveler, and in Lacedsemon tell Here, in obedience to her laws, we fell." Not one Southern raan Avho fought; not one Avho perished in battle, in prison or hospital, believed himself a rebel, and those Avho use the terra, insult patriots and trample on the ashes of brave men Unfortunately, those Avho made the quarrel and forced the issue — the political and ecclesiastical incendiaries — did not do the fighting, but men Avhose fathers had stood shoulder to shoulder in defense of our common flag — men of the same lineage and the same sympathies, noAv under hostile colors, insanely met in the shock of battle. May God pardon those that sinned, and in His OA\ai good Avay, and his OAvn good tirae, convert the fratricidal strife into a National Blessing. OHAPTEE XXYII, lOVERNOR HOLMES entered his office (I812) when there Avas a probability of Avar Avith the Indians, and Avith Great Britain and Spain. The agents of both those powers Avere instigating the Indians from the Canada frontier to the Gulf of Mexico, to attack the American settiements. In 181 1 the celebrated ShaAvnee chief Tecumseh, with a party of thirty Avarriors, in British pay, visited the soutiiern tribes. He found the ChickasaAvs firmly attached to the Americans. A number of thera had fought under Wayne against the ShaAvnees and other northern tribes in the British interest, and they Avere not to be shaken in their fidelity. The Choctaws, particularly the loAver tOAvns that were in frequent communication Avith the Creeks, and the Spaniards at Pensa cola, Avere manifestiy discontented. He put himself in communica tion Avith the Spanish authorities, and then traversed the Seminole country, rousing those fierce savages to the highest state of excite ment. Entering the Creek territory he harangued the warriors at Autauga and Coosanda, and the Hickory Ground. Wherever he went crowds attended, painted for Avar, and dancing the Avar dance. Those of the tribe who disapproved these demonstrations were taunted with cowardice, beaten, plundered, and, in some instances, murdered. In fact, this dangerous emissary had fomented civil Avar. In October the annual grand council of the nation, in pursuance of immeniorial usage, assembled at the ancient tOAvn of Took-a-batch-a. These councUs were ahvays attended by the U. S. Agent, by aU the traders, by many strangers, and by the warriors and their families. On this occasion the farae of Teoumseh's visit, and his expected address, had assembled some 5,000 persons, at Took-a-batch-a. The day after the council met Tecumseh, with his band of war- rio|r.s, marched to the centre of the square, and stood still and erect as so many statues. They Avere dressed in buck-skin hunting shirt and leggins fitting closely to the person, Avith a profusion of silver orna ments. Their faces were painted red and black. Each warrior car ried a rifle, tomahawk, war-club and scalping knife. "TheyAvere," says Capt. Sam Dale, "the most athletic body of men I ever saAV." Tecumseh Avas about six feet high, well put together, not so stout as some of his followers, but of an austere countenance and imperial mien. The ShaAvnese madeno salutation, but stood facing the council-house, 3i6 Mississippi, as a Province, not looking to the right or the left. Throughout the vast assembly there Avas a dead sUence. At length the Big Warrior, a noted chief of the Creeks, a man of gigantic figure, sloAvly approached and handed his pipe to Tecumseh. It Avas passed to each of his foUoAvers, and then the Big Warrior, not a Avord having been spoken, pointed to a large cabin, Avhich had previously been furnished with skins and pro visions. Tecumseh and his band marched to it, and were seen no more until night Avhen they danced the northern Avar dance. The Creeks crowded around, but not a Avord Avas spoken. Every morning a Shawnee Avarrior presented himself at the Council and announced that his chief Avould deliver a talk at noon, but at that hour he appeared again, and declared that "the sun had traveled too far," and the talk would be delivered next day. At length Hawkins, the United States Agent for the Creeks, becoming impatient, left the ground, declaring that Tecumseh was a sham, and that he, H., could easily control the Indians. The next day at noon the Shawnese issued from their lodge. They Avere painted black, and entirely naked except the flap about their loins, and a small tobacco pouch suspended under the left arm. Every Aveapon but the Avar club, then first intro duced araong the Creeks, had been laid aside. An angry scoavI sat on all their visages. They looked like a procession of devils. Tecumseh led, the Avarriors followed, one in the footsteps of the other. The Creeks, in dense masses, stood on each side of the path. The ShaAvnese noticed no one but marched to the pole in the center of the square, and then wheeled' to the left. At each angle of the square Tecumseh took frora his pouch sorae tobacco and sumac, and dropped it on the ground. His Avarriors did the same. This they repeated three times as they marched around the square. Then they approached the pole in the center, circled around it three times, and facing the north threw tobacco and sumach on the small bark fire that had been made, as usual, at the foot of the pole. They then marched in the same order, to the CouncU, or King's house, as it AA'as termed in ancient times, and drcAV up before it. The Big Warrior, and the leading men, Avere sitting there. The ShaAvnee chief sounded his Avar-whoop, a most diabolical yell, and each of his foUoAvers responded. Tecumseh then presented to the Big Warrior a Avarapura belt of five different strands, Avhich the Creek chief handed to his coUeagues, and it passed round the circle frora hand to hand. The ShaAvnee pipe was then produced ; it Avas large, long, and profusely decorated Avith shells, beads, eagle feathers and porcupine quUls. It Avas lighted from the fire in the center, smoked by Tecumseh and his foUoAvers, and then handed to the Big Warrior Avho, after a Avhiff or tAVO, passed it around the circle. All this time not a Avord had been uttered. Everything Avas still as death ; even the winds slept and the leaves had ceased to rustle. At length the ShaAvnee spoke, at first sloAvly and in guttural tones ; but soon he grcAv impassioned, and the Avords fell in avalanches from his lips. His eyes burned Avith supernatural lustre, and every limb and muscle qiiivered Avith emotion. His voice resounded over the square, now sinking into Ioav and musical whispers, noAV rising to its highest key, hurling out his words like crashing thunder-bolts. His counte nance varied Avith his speech. The prevalent expression Avas of hatred and defiance ; sometimes a murderous smUe ; occasionally an Territory and State. 317 aspect of profound sadness; and at the close a look of concentrated vengeance. His vocal poAvers and command of the countenance and the facial muscles, Avere unequalled. An inteUigent Avitness declares that a deaf man could have inter preted the harangue, from the play of his face. Its effect on that AvUd, superstitious, untutored and Avarlike assemblage, may be conceived. Not a Avord Avas uttered Avhen he closed ; no one applauded; no one replied; but a thousand Avarriors, the "stoics of the Avoods," .shook Avith emotion, and many a tomahaAvk Avas brandished in the air. Even the Big Warrior (Avho thus far had discouraged the Avar-party) Avas visibly affected, and more than once Avas seen to clutch, spasmod- icaUy, the handle of his knife. AU this Avas the effect of delivery, for though the mother of Tecum- se'h Avas a Creek, and he Avas farailiar Avith the language, he spoke in the ShaAvnee dialect, and it Avas afterAvards rendered by & linguist. Tecumseh spoke one hour, but the speech may be thus compressed : "In defiance of the warriors of the dark and bloody ground, onee our favor ite hunting range, I have come from the great lakes of the North, and passed through their settlements like the Avind at night. ISTo war-whoop was sounded, no track was made, no flre Avas kindled, but see ! there is blood on our Avar clubs ! The pale faces felt the hloAv, but kncAv not whence it came. Accursed be the race that has made women of our Avarriors, and harlots of our women. They have seized our country, and our fathers in their graves reproach us as slaves and coAvards. Listen ! Do you not hear their A'oices in the wailing winds ? The Muscogees were once a mighty people. The pale faces trembled at your Avar-Avhoop, and the maidens of my tribe, on the distant lakes, sung the proAvess of your warriors, and sighed for their embraces. And when our young men set out on the Avar-path the ShaAvnee sachems bade them 'be brave like the Muscogee ! ' But now your blood has become Avhite ; your tomahaAvkshave no edge; your bows and arrows Avere buried Avith your fathers. You sleep Avhile the pale face ploughs over their tombs, and fertilizes his fields Avith their sacred ashes. Oh, Muscogees ! Brethren of my mother ! Brush from your eyelids the sleep of slavery, and strike for vengeance and your country ! The red men have fallen as the leaves now fall. I hear their voices in those aged pines. Their tears drop from the weeping skies. Their bones bleach on the hills of Georgia. Will no son of those brave men strike the pale face and quiet these complaining ghosts ? Let the white race perish ! They seize your land ; they corrupt your women ; they trample on the bones of your dead ! Back whence they came, upon a trail of blood, they must be driven ! Back— aye, back into the great Avater Avhose accursed Avaves brought them to our shores ! Burn their dwellings— destroy their stock— slay their wives and children, that the very breed may perish. War now ! War always ! War on the living ! War on the dead ! Dig their very corpses from their graves. The red-man's land must give no shelter to a white man's bones ! This is the will of the Great Spirit, spoken in the ear of my brother, the mighty Prophet of the Lakes. He sends me to you. All the tribes of the North are dancing the war dance. Two mighty war riors across the seas will send us arms— at Detroit for us, at Pensacola for you. I will soon return to my country, to wash my hands in the blood of the pale face. My prophets shall tarry with you. They will stand by your side and catch the bullets of your enemies. When the white men approach your towns the earth shall open and swallow them up. 3i8 Mississippi, as a Province, Soon shall you see my arm of fire stretched athwart the sky. You will know that I am on the Avar-patli. I will stamp my foot and the very earth shall shake.-' When he finished, the northern pipe was lighted at the same fire and passed round in solemn silence. The Shawnees then gave one appal ling yell, and commenced their tribal Avar-dance, going through the evolutions of battie, the scout, the ambush, the surprise, the deathly struggle, brandishing their Avar-clubs, and screaming in terrific concert, an infernal pantomine and harraony fit only for the regions of the damned ! The Avhite traders and the peaceably disposed Indians left the ground immediately after the delivery of this speech. It Avas ho lon ger safe to remain. "Yet Colonel HaAvkins, the United States agent," says Pickett in his valuable history of Alabama, ' 'seems to have been strangely benighted, sloAvly allowing his mind to be convinced that anything serious Avas meditated." He had resided many years among the Creeks, and early conceived the laudable notion of teaching them the arts of civilization. In his communications to the Indian Bureau he flattered hiraself that they emulated the progress of the Avhites, and that the Avhole nation, except a fcAv fanatics Avithout influence, sincerely desired i^eace. Even after the Creeks and ShaAAmese had A'isited Pensacola, to obtain powder and lead, to attack the Tensas set tlements. Colonel Hawkins assured the Secretary of War and Major- General Flournoy that there Avas no danger. Unfortunately, the War Department, and government itself, Avas then most feebly conducted. President Madison, a man of clear head and logical mind, Avas better fitted for a professor's chair than for the position he occupied. He Avas deficient in nerve ; Avas easily intimi dated; Avas a poor judge of men, and filled many first-class offices Avith incompetent persons. The War Department particularly, Avhich, at that period, demanded the utmost vigor, energy and system, mani fested singular apathy and incapacity. 1812. July i6th, Governor Holmes, on a requisition of General WUkinson, ordered a draft of the mUitia, a certain quota from each regiment, to rendezvous at Baton Rouge, to be organized into a bri gade. Col. Ferdinand Leigh Claibornet Avas commissioned Brigadier General to comraand thera. August i8th, General Claiborne reported that the quota had been obtained from the ist, 2d, 3d, 4th, loth, nth and 13 regiments, fty voluntary enrolhnent. "••-Before the battle of Ecannachaha, or the holy ground, the Shawnee prophets assured the Indians that the earth Avonkl SAvallo-iv up Governor Claiborne and his troops. The British officers at Detroit had informed Tecumseh that a comet Avould soon appear, and the earthquakes of 1811 had commenced as he came through Kentucky. "When the comet soon appeared and tlie earth began to trem ble, the Creclis attriliuted to hira supernatural jioAvers, and a large majority took np arras. fPiclcett, in liis History ot Alabama, says : "This officer, a native of Virginia, brother of Governor Claiborne, of Louisiana, Avas appointed by President Adams an Ensign in 1st Regiment, U. S. Infantry, Col. John F. Hamtramck. Promoted ¦ Lieutenant for gallantry in "Wayne's great battle Avith the Indians. Subsequently at Pittsburg, Fort "Washington, Greenville and Detroit, AA'ithrankof Captain. Re signed in 180.5 and removed to Natchez. Repeatedly elected to the Legislature, and presided as Speaker. Conducted the Mississippi battalion to the Sabine. Appointed Brig-General, 1813. Fought the battle of the Holy Ground, Decem ber 23d, 1813. Died suddenly near Natchez of exposure on the frontier and the closing of an old wound in 1815. Territory and State. 319 The brigade was conducted to Baton Rouge and there kept for A\'ant of transportation until June 28th, 1813, Avhen General Claiborne Avas ordered by Major General Flournoy (Avho had succeeded WUkinson) to march for Mount Vernon, on the Alabama river, " to repel any attack that may be made on any part of the frontier of the Mississippi Territory, either from Indians, Spaniards or English. You avUI put yourself in communication Avith Lt. -Colonel BoAvyer, Avho commands at MobUe and MobUe Point, Avho will give you the earliest informa tion of any movement by the English or Spaniards. Tiie defence of the town of Mobile ztnll be your principal care."'^'- MobUe, it avUI be remembered, had long been occupied by the Spaniards, and the American government, Avhose foreign relations were very precarious, had submitted to the occupation, and to the ex actions imposed there on our coraraerce. But finding that the Tom bigbee settiers could not much longer be restrained, and 'that the Spaniards Avere likely to invite the British to a joint occupancy, the War Department, at last, under the authority of an act approved Feb ruary i2th, 1813, passed by Congress, in secret session, had autho rized General Wilkinson to proceed against it. He made his arrangements Avith secrecy and dispatch, to prevent the fort being reinforced from Pensacola. On the. Sth of March, Commander ShaAv, Avith the general and his troops on board his fleet, arrived at Dauphine Island, Avhere they seized the Spanish guard and a Spanish transport from Havana, Avith supplies and a com pany of artillerists for the post of Mobile. The first intimation the garrison had was from the American drums. Being short of provis ions and ammunition, the Spanish commandant deemed it best to capitulate, after having received the foUoAving courtly summons from the American general : Before Mobile, April 12. "Sir — The troops of the United States do not approach you as the enemies of Spain, but by order of the President tliey come to relieve the brave garri son which you so worthily command, from the occupancy of a post within the legitimate limits of the '[Jnited States. I hope that you Avill peacefully retire from Fort Charlotte, and from the ^Mississippi territory, to the eastern side of he Perdido river." The evacuation Avas completed- in a fcAV days, and Colonel Constant, of the 3d regiment of infantry, was placed in command. 1813. In compliance Avith orders General Claiborne marched from «Major General Thomas Flournoy avus a distinguished lawyer of Augusta, Ga., .an accomphshed gentleman, of high personal character, and a devoted natriot. General "Wilkinson, while busUy engaged fortifying the approaches to Ncav Or leans, was suddenly ordered to the Canada frontier, and General Flournoy suc ceeded him in the comraand of the Seventh mUitary division. He has been cen sured for inaction and indecision. His health was feeble and he had little mih tary experience. But the prime source of his failure was the want of support at Wa,shington. His force Avas whoUv inadequate to the demands upon him. He was often without funds. He was likewise early misled by the representations of Colonel Hawkins of the "advanced civilization" and "pacific disposition" of the Creeks. Even after the massacre at Fort Mims, Colonel HaAvkins reiterated these assurances, laid the blame of that aflfair on the Tombigbee people, and de clared that the Avar Avould be " a civil war among the Creeks and not on the whites," if let alone. Unfortunately General Flournoy adopted these views, and forbid any aggressive movement on the savages. He Avas paralyzed, too, at every stage of his command, by the feebleness and incompetency of the "War Depart ment. 320 Mississippi,' as a Province, Baton Rouge, June 28 th.* He had six hundred men to transport, and no assistance was furnished him but a draft for $200 00. His teams, medicines, and forage, Avere procured on his own responsi bility Avith funds advanced by Messrs. John and Stephen Minor, of Natchez, and WUliam Kenner, of Ncav Orleans. His supplies were obtained from his friends Colonel Nelson, H. M. Harper, Thomas Waggoner, and other patriotic citizens of Amite county. It was a season of heavy rains and high Avaters, many SAvoUen rivers and streams to cross, and it Avas the thirtieth of July Avhen they reached Mount "Vernon. While he Avas on the march, it having been ascertained that some four hundred of the war party, led by Peter McQueen, Josiah Francis, and High-Head Jim, had gone to Pensacola, for arms and ammunition, Col. James Caller, the senior militia officer on that frontier, determined to intercept them on their return. One hundred and eighty volunteers, including such men as Patrick May, G. W. Creagh, Zacharia PhUips, Wm. McGrew, Majors McFarlin, Wood, Jourdan, and Captains Smoot, Dale, BaUey, and Bradberry, repaired to his standard. Early on the morning of ¦¦¦¦BRIGADE OP LOUISIANA AND MISSLSSIPPI TERRITORY VOLUNTEERS AND STAFF AND COMMLSSIONBD OFFICERS OF THE REGIMENT OF MISSISSIPPI TERRITORY A'OLUNTEERS. 12-' August, 1813. Ferdinand L. Claiborne, Brigadier General ; Alexander Calvit, First Lieutenant and Aid; Joseph P. Kennedy, Captain and Brigade Major; Joseph -Carson, Col onel; George T. Ross, Lieutenant Colonel; Daniel Beasley, Major; "William R. Deloach, First Lieutenant and Adjutant; Benjamin F. SalA^age, First Lieutenant and Quartermaster; John Ker, Surgeon; Benjamin F. Harney, Surgeon's Mate ; WiUiam R. Cox, Surgeon's Mate ; John Nelson, Captain ; Joseph P. Kennedy, Captain ; Louis PainbcEuf, Captain ; Philip A. Engle, Captain ; ArchUaus Wells. Captain of Dragoons; Randal Jones, Captain; William Jack, Captian; Gerard C. Brandon, Captain ; WiUiam G. Mead, Captain ; Benjamin Dent, Captain ; Hatton Middleton, Captain; Abraham M. Scott, Captain ; James Foster, Captain ; L. V. Foelckil, Captain ; Charles G. Johnson, Captain ; Hans Morrison, Captain ; James Baily, First Lieutenant of Dragoons ; Richardson BoAvman, First Lieutenant: Audly L. Osborn, First Lieutenant ; SVilliam Morgan, First Lieutenant ; George P. Lilly, First Lieutenant; John D. Rodgers, First Lieutenant Dragoons; William R. Deloach, Fir,st Lieutenant; Theron Kellogg, First Lieutenant ; Andrew IMont- gomery. First Lieutenant; John Camp, First Lieutenant; Alexander Calyit,First Lieutenant; John Allen, First Lieutenant; Robert Lavson, First Lieutenant; Benjamin F. Salvage, First Lieutenant; Charles Mooire, Second Lieutenant; Charles Barran, Second Lieutenant; Spruce M. Osborne, Second Lieutenant; Nicholas Lockridge, Second Lieutenant; Robert C. Anderson, Second Lieuten ant; James M. Arthur, Ensign ; John Files, Ensign ; George Dougharty, Ensign ; Wm. R. Chainbliss, Ensign ;t Thomas C. Vaughn; Ensign Robert Swan, Ensign Stephen Mays, Ensign; Jaraes Luckett, Ensign; George'"H. Gibbs, Ensign; El bert Burton, Ensign ; David M. Callihara, Ensign ; Young R. McDonald, Ensign ; Benjamin Blantcn, Ensign ; Benjamin Stawell, Ensign; WiUiara S. Britt, Ensign; Isaac W. Davis, Ensign; Benjamin Bridges, Second Lieutenat Dragoons; John Cohn, Cornet; Kean Caldwell, Second Lieutenant Dragoons. tWas at Fort Mims— received three wounds, but escaped and died ten years afterwards at Port Gibson, Mississippi. OFFICERS OF MISSISSIPPI EEGIMENT MILITIA UNDER COL. GEO. II. NIXON, MOUNT VERJJON, DECEMBER, 1813. Robert Twilley, John Lowry, Parmenas Briscoe, Samuel Batchelor, G. Y.Glass- "i"ti, jS'™^' '^^'^^'^ troops M-cre chiefly from Claiborne and Amite counties, and the ofiicers were young men of high character. Colonel Nixon greatly dis tinguished himself during the Aviir, and stood high in the confidence of General Jackson Hevvas subsequently appointed Brigadier General, and died at Pearl ington, Hancock countv. Territory and State. 321 July 27th, his scouts reported that the Indians '(Avith some three hun dred loaded pack horses,) Avere encamped in a bend of Burnt Corn Creek, and were then engaged in cooking. Colonel CaUer promptly formed his party and charged the camp. The Indians stood their ground bravely for a feAv minutes, graduaUy faUing back to the creek. Another concentrated charge, and they Avould doubtiess have fled in confusion, and been slaughtered in great numbers Avhile crossing the stream. But at that moment the Avord " retreat" Avas sounded in our lines — by Avhom given Avas never knoAvn — but it produced a panic, and most of the command fell back, in disorder, and retired precipi tately, not forgetting, hoAvever, to drive off the Indian pack horses. Observing this, the Indians boldly rencAved the attack, but they were met by a party of about eighty men, Avith Colonel Caller and other officers, and a desperate fight ensued, but the small party of whites finding themselves overpoAvered, Avere corapelled to retreat. Many young officers signalized themselves in this action by great personal heroism. Colonel HaAvkins, Creek agent, even after this demonstration of the hostile intention of the Creeks, represented to General Flournoy, that they did not mean Avar, although they had seized and destroyed the property of the friendly half-breeds and murdered many of the lead ers of the peace party, and he charged the Avhite people of the fron tier Avith having provoked hostUities. Such Avas the impression he made on Major-General Flournoy, it defeated every appeal of General Claiborne for reinforcements, and for perraission to march into the heart of the nation. After the battle of Burnt Corn, and only six days before the fall of Fort Minis, the coniraanding general thus Avrote to General Claiborne : Headquarters Bay St. Louis, August 25, 1813. Sir — Your letters and documents, by express, have been received. As I have already written you, and likeAvise G-overnor Holmes, very fully on Indian affairs, I will not now go into farther details. A recent letter from Colonel Hawkins (a copy herein enclosed,.) will show the situation of the Creek In dians. They must finish their civil war before they can go to war with us. And it is by no means certain that the Avar party will succeed in overpowering the party friendly to us." Among the documents sent to General Flournoy, Avere several let ters from the Spanish governor of Pensacola to Peter McQueen, show ing their relations with the Indians, and the foUoAving letter from General Wilkinson, as he passed through the Creek Nation for Can ada. But having embraced Colonel Hawkin's opinions, they, unfor tunately, made no impression on General Flournoy : GENERAL AVILKINSON TO JUDGE TOULMIN. Sam. Manao's, Creek Nation, June 29, 1813. My Dear Sir— Your favor of the 22d, reached me near this place, sur rounded by dangers ; but I am too far advanced to retreat. Indeed, I dare not turn my back on reports, and, therefore, shall proceed this evening, to Catoma, and to-morrow to Doyle's, where I expect to see the Big Warrior, who has begged an interview with me. He has been entrenched against the war party 1 Aveek or ten days and lives in fear of his life, as his antagonists are daily mak ing converts and increasing in strength, with the avowed intention to destroy him and all who have been concerned in the execution of the murderers ; after Avhich, it is believed by all with whom I have conversed, they expect to intimi date the rest of the nation to join them, and then it is their intention to make 21 322 Mississippi, as a Province, war on the whites. This seems to be the general impression ; but no one can tell or even guess Avhere a bloAV Avill be struck. To effect the object at Avhich they aim, they have had recourse to religious imposture. One Joseph Francis, who lived on the road, pretends he has had a visit from the Lord, who has revealed many things to him, which are shaped and detailed in the manner most impressive on his barbarian auditors. But in aid of superstitious awe manual force is employed to convert the obdurate and unenlightened, and in course of this latter argument, a son of McGilvray, a son of the Singer, and a nephew of Isaacs the Chief, have been actually killed. At this place, 1 am assured by Manac and Ward, who are living in the woods and watching the plantation, that Francis and his folloAvers. to the num ber of more than three hundred, are assembled at a camp on the Alabama, eight miles beloAV the mouth of Pithlula Creek, and about sixteen above the big swamp. The last information received of their doings was on Wednesday, by Ward's Avife, (avIio has been forced from him Avith her children.) She reported that the party thus encamped, Avere about to move down the river to break up the half-breed settlements and those of the citizens in the forks of the river. I know not what stress to lay on these Avild reports, but the whole road is deserted — the Indians are all assembled, and their villages ahead of me, many towns oh the Alabama and Tallapoosa and Coosa, are deserted, and consternation and ter ror are in every countenance I meet. I have considered it proper you should receive this information, and, there fore, I send back Weatherford with this information for your government, and Avill barely observe, that I think the volunteers should be called up to your frontier, Avithout a moment's delay. We are in good health and spirits, our dangers notwithstanding. Jlrs. W. is acquainted with every circumstance, j-et insists on braving the danger rather than return. I have about twenty armed men, and our cavalcade consists of about forty persons. Our horses and carriages are in good order, and if Ave are not ob- .structed, we shall cross the Chattahouehie on the 29th. Colonel Hawkins is profoundly silent. Alexander Cornels has fled the country, and / cannot hear of any preparation to succor the Big Warrior. I fear that Haw kins' government will be found too feeble to bind a herd of savages, unless the arm of the Union is interposed. Truly your.s, James Wilkinson. Hon. Judge Toulmin, Fort Stoddeii. 1 8 13. General Claiborne arrived at Mount Vernon, on the Ala bama, July 30th. He found the country greatly alarmed and dis tressed. The flourishing settiements on the Tensaw, on the Alabama, and Tombigbee, had been abandoned. The crop everywhere Avas ready for the harvest, and unless gathered and secured, famine and pestilence would be superadded to the horrors of Indian warfare. He put hiraself in communication with the most intelligent citizens in every quarter, and since the commanding general persistentiy refused his appeal to march against the Indians, he determined, on his own re sponsibility, to distribute his brigade for the protection of the people, at least untU they could save their crops. The citizens of the different settiements, aided by the local mUitia, had erected stockades or forts, here and there, and had sought shelter therein. On the 23d August an express from Colonel Carson, commanding at Fort Madison, brought ncAvs to General Claiborne that a Choctaw, who was personaUy knoAvn to Colonel McGrcAv and Captain Cassity, and vouched for by them, had brought the information that Fort Easely, on the Tombigbee, the most advanced and feeblest of the stockades, Avas to be immediately attacked, and he offered to remaia in custody _ at Fort Madison in support of his statement. Captain Cassity certified that he had received the same information from John Territory and State. 323 Walker, a Avhite man, residing on the ChoctaAv line. Captain George S. Gaines, United States Factor for the Choctaws, communicated the same rumor in a letter to Judge Toulmin, and the remote and feebly defended position of the fort, croAvded Avith women and children, and only ten or tAvelve men to defend them, indicated it as the first point to be attacked. On the same day. General Claiborne advised the officers in command of the respective stockades of the intelligence, and the necessity of increased vigilance. And, in the afternoon, Avith eighty men, he set out for Fort Easely, considering it the most exposed, and therefore his proper position. From Fort Madison, on his route, he dispatched another express to Major Beasely, at Fort Mims, enjoining the utmost circumspection. This letter Avas re ceived on the 29th August. On the 30th, soon after roll-call, Major Beaseley made the foUoAving report to General Claiborne : Mims Block House, August 30th, 1813. Sir: I send enclosed, the morning reports of my command. I have im proved the fort at this place, and made it much stronger than when you were here. Pierce's stockade is not very strong, but he has erected three substan tial blockhouses.''"" On the 27th, Ensign Davis, Avho commands at Hanson's Mill, wrote me : " AVe shall, by to-morrow, be in such a state of defense that we shall not be afraid of any number of Indians." There Avas a false alarm here yesterday. Two negro boj's, belonging to Mr. Randon, were out some distance from the fort minding some beef cattle, and reported that they saw a great number of Indians painted, running and Avhooping toAvards Pierce's Mill. The conclusion Avas that they knew the Mill-fort to be more vulnerable than this, and had determined to make their attack there first. I despatched Captain Middleton with ten mounted men, to ascertain the strength of the enemy, intending, if they were not too numerous, to turn out the most of our force here and march to the relief of Pierce's Mill. But the alarm has proved to be false. What gave some plausibility to the report at first, was that several of Kandon's negroes had been previously sent up to his plantation for corn, and had reported it to be full of Indians committing every kind of havoc. But noAV I doubt the truth of that report. I Avas much pleased with the appearance of my men at the time of the alarm yesterday, when it was expected every moment that the Indians would appear. They very generally seemed anxious to see them." Two hours later, the express having been detained. Major Beasely wrote a a second note to the general, assuring him of his ' ' ability to maintain the post against any number of Indians." -A. strong party of Indians actuaUy set out to attack Fort Easely, but Avere deterred by the unexpected arrival of General Claiborne. WhUe engaged in strengthening the stockade, he received an express from Captain Kennedy, in command at Mount Vernon, with the as tounding ncAvs of the faU of Fort Mims, and the massacre of the gar rison — on the 30th August — the very day on which Beasely had written his last letter, and transmitted his morning report— with the assurance that he was fully prepared for any number of Indians^! On that same day, when his courier rode out Avith this satisfactory assu rance, one thousand warriors, led by McQueen, Weatherford and Josiah Francis, lay in ambush in a deep ravine, Avithin a fcAV hundred 'Pierce's Mill was one mile from Fort Mims. There was a large quantity of lumber there intended for government use at Mobile, and forty men Avere sta tioned there under Lieutenant Andrew Montgomery, of the Mississippi "Volun teers. The Indians, strange to say, did not attack it. When Lieutenant Mont gomery discovered that Fort Mims was on fire, he evacuated the station and safely conducted his detachment to Mount Vernon. 324 Mississippi, as a Province, yards of the eastern gate. At 12 m., Avhen the drum in the fort Avas beating the dinner signal, and the gate Avas Avide open, they rushed to the attack. They got Avithin thirty paces pf the fort before they were discovered! Major Beasely, Avith the courage of despair, ran to the outer gate to close it, and received half a dozen baUs in his breast the moment he reached it. Captain Middleton and his company were posted at the inside eastern gate, and there, nearly to a man, they feU. Captain Jack, Avith his riflemen, Avas posted in the south bastion. Lieutenant Randon in the guard-house, and Captain Dixon Bailey behind the northern line of pickets. The Indians assailed aU these positions simultaneously, and through the port holes poured a constant fire on the frantic Avoraen and children, Avhose Avild shrieks rose above the yells of the savages and the clamor of battle. By this time the buildings Avere on fire, and every officer had faUen except the brave half-breed Captain Dixon Bailey, and all the soldiers were dead or Avounded. As the Indians rushed in and commenced to massacre the wounded and the Avomen and children, Bailey, Dr. Holmes, Lieutenant Chambliss and tAvo or three others, all Avounded, made their escape. Captain Bailey soon died, the others finaUy reached Mount Vernon. Half a dozen other fugitives subsequently came in. General Claiborne could hardly realize the shocking inteUigence. On the 7 th August, he had personally inspected the Avorks, and had left a Avritten order with Major -Beasely " to strengthen the picketing, build tAVO more block houses, respect the enemy, to send out scouts frequently, and alloAv the suffering people provisions, Avhether Avhites or friendly Indians." Expresses passed betAveen them once a Aveek. On the 25th August, he had, from Fort Madison, specially recom mended to the Major the utmost vigilance, and on the fatal 30th, that officer had assured him of his ability to repel any attack. The Avhole testimony, documentary and the statements of the fcAv survivors, shoAvs that Major Beasely Avas brave to desperation ; that he held the Indians in conterapt ; Avas angry at Avhat he considered false alarms, and as a taunt and derision to the timid, had the main gate thrown open.* Before Major Beasely and his coramand reinforced the fort, and before General Claiborne reached Mount Vernon, Colonel Carson had sent Lieutenant Osborn and twenty men to Mims, and on the 28th July, he reported, "this stockade is in good condition, and I am sure it Avill be Avell defended." On the 30th August, the morning report .shoAvs that there were one hundred and five men on duty in the fort, and thirty-five at Pierce's stockade, one mUe off, under the orders of Major Beasely. Never men fought better — never officers displayed more heroism ; but all Avas unavailing, and nearly all per ished. The Avhole number in the fort Avas tAvo hundred and seventy- five, of Avhora not raore than fifteen escaped. The Indians buried many of their dead, but left one hundred and nine bodies on the field, and fifty afterwards died of their Avounds at Burnt Corn Spring. The effective force in the fort, on the morning of the attack, Avas _*The gate must have been open several days before the attack. Pickett, in his History of Alabama, says : " Major Beasely rushed, sword in hand, and essayed in vain to shut it. The sand had Avashed against it and 'it could not be shut." Territory and State. 325 greater than Avas ever concentrated in any one of the stations in Ken- lucky, or in the NorthAvestern Territory, to resist an attack of the Indians. In the old Cherokee Avar, fifteen men in a stockade, near NashviUe, repelled four hundred savages. In Wayne's campaign, Fort Recovery, on St. Clair's battiefield, far in advance of Fort Greenville, Avas deemed safe Avith one company of infantry, and was not attacked. • Forts HamUton, St. Clair and Jefferson seldom had more than one company, and often only a subaltern's command. In the last Avar Avith the British and Indians, Fort Chicago, on the lUinois, Avas successfully defended by fifty raen against an overwhel ming force of Indians, until it was evacuated by ord.r of General HuU. Fort Madison, besieged by over four hundred PotaAvatomies, Avas successfiUly defended by thirty men. And about the same time sev enteen regulars, in a small post at Bellefontaine, repeUed a similar attack. In 1812, Fort Harrison, Indiana, Avas besieged by a large body of savages, led by the Prophet. A breach Avas made in the defences by the burning of a block house. One company, of Avhich only fifteen men were able to do duty, defended it for ten days. Of the fifteen two attempted to escape, clambered over the pickets and Avere shot. This heroic defence was made by Captain, (afterAvards President,) Taylor. On our OAvn frontier, after the fall of Fort Minis, Lieutenant BaUey, with tAvelve men, successfuUy defended Sinkfield station in the Forks, against one hundred Indians, under the prophet Francis. Educated in the tactics of Wayne, one of the most impetuous, yet cautious commanders, and with these precedents of Indian warfare, General Claiborne could scarcely credit -the fall of Fort Mims. Rumors of a hostUe movement of the Indians had been received everyAvhere; had occasioned vigilance and circumspection; had in duced the general to repair to the most advanced post ; had called from him an eraphatic warning to his officers ; had raade a deep im pression everywhere but at the fated stockade. The brave man who commanded there, unfortunately construed the last admonition of his general as superfluous and over-cautious; discredited the local alarms, and, as the morning report shoAvs, had six of his soldiers absent on permit, so littie did he apprehend danger. Never did an officer more bravely seek to redeem his fatal over-confidence. He fell at the gate, in the blaze of a thousand rifles. Never men fought better, but such Avas the advantage given to the enemy, by neglecting the most obvious precautions, all their bravery Avas thrown away. With a bleeding heart, the General ordered Captain Kennedy to bury the dead. On repairing there he found thousands of buzzards and hundreds of dogs, as wild and ferocious as Avolves, devouring the rotting remains. This terrible tragedy spread consternation through the Territory. On the immediate frontier, the whole population fled to the stockades, leaving their abundant crops ungathered. No one kneAv where the next blow would fall, and a coalition of the Creeks and Choctaws was generaUy apprehended. The citizens on Chickasawha and Pearl 326 Mississippi, as a Province, rivers erected stockades. The alarm penetrated to Baton Rouge, St. FrancisvUle, Natchez, Port Gibson, Winchester and Walnut HiUs, and strong Committees of Vigilance and Safety Avere organized."* When the ncAvs reached Tennessee, the Legislature immediately authorized a call for fifteeen hundred volunteers, and pledged the revenues of the State for one hundred years to pay their expenses! And it authorized the Governor to borrow money for the expedition Avherever he could get it. He drcAV a note for $20,000, endorsed by Wm. G. Blount, John Russell and Enoch Parsons, (author of the resolution,) and the old State Bank discounted it. Thus, by this martial and patriotic people, Avho have never flinched on any battlefield, Avas inaugurated the movement of General Jackson into the Creek nation, Avhich resulted in that series of victories that have no parallel in Indian Avarfare — victories Avhich demonstrated the superiority of the Avhite man, but left no dishonor on his brave an tagonist. Governor Holmes likeAvise made every effort in his power. Sep tember 2d, 1813, he called for a draft of five hundred men from the militia, and the several cavalry companies to hold themselves ready for niarching orders. In three days the Jefferson troop. Captain Dougherty, Avith sixty raen, reported at Pleadquarters, and set out im mediately for the frontier, foUowed next day by Captain Bulhn's and ¦¦¦¦Port Gibson, September 18th, 1813. At a meeting held at Port Gibson, in Claiborne county, for the purpose of tak ing measures for the public safety of said county. Colonel Daniel Burnett was called to the Chair, aud Jefferson 11. Moore appointed Secretary. On motion of H. Blennerhassett, Resolved, That a committee, to consist of seven persons, be appointed to enquire into the foundation of the late alarm ; and also to recommend and report such means as they think best calculated for our defence. The following gentlemen Avere appointed members ot said Comraittee, viz: Major Clarke, H. Blennerhassett, H. Harraon, Colonel Ragan, Captain P. Bris coe, "VV. Briscoe and Thomas Barnes, Avbo made to the meeting tlie following REPORT. That, From the best inforraation they can obtain, the late alarm of invasion on the frontiei-s of this county by a saA'age enemy, has been groundless and un founded. But a crisis is at present arrived, at Avhich it is no longer doubtful that such a calamity ought to be expected and provided against by a system of de fence the most speedy in its creation, and efi'ective in itself. That, For this purpose, the Comraittee recommend the erection of three stock ade forts at three points to be viewed and determined upon by a committee on the frontier ; also one strong fort to be erected in such central part of the county as shall be fixed upon by a committee. The Comraittee think that other dangers to which the county ia exposed, frora a local source, as well as from sav age invasion, should cause the erection of all the forts at one and the same time. Your Comraittee further recommend to such planters as can conveniently, by their OAvn force and that of neighbors, Avithin convenient distance, the erection of local hlock houses on their plantations. They invite and recommend every voluntary aid their felloAv-citizens can lend to the militia duty, of keeping up a reguhir aiid constant piirtv of rangers and spies on the frontiers. DAN'L BUENETT, Chau-man. Jeff. II. JIoore, Secretary. Frontier Commiltre—'Ma]or CX&rke, Captain Jolmson, Captain Briscoe, David M'Caleb, .Tohn Booth. Gibson Clarke and Moses Shelbv. Central Committee— Thomas Barnes, WiUiora Tabor,' Samuel Gibson, "WiUiam Briscoe, H. Blennerhassett, Colonel R. Ragan, James Watson, Dan'l Burnett, Thomas Farar, Judge Leake and Robert Cochran. Territory and State. 327 Captain James Grafton's companies of infantry ; next day Captain Kempe, Avith the Adams troop, marched in the same direction. There was soon concentrated at Mount Vernon, five companies of infantry and four full companies of horse, the latter under Colonel Thomas Hinds. They were placed under the orders of General Claiborne, Avith instructions from General Flournoy to employ the cavalry as rangers, for the protection of the settlers in gathering their crops. This service — though very important — was not Avhat Avas expected Avhen they voh untarily left their comfortable homes. They came for battie and glory, and could see neither in the lonely scout, over swamp and cane- brakes, and the weary Avatch over isolated corn-fields and log cabins. Chafing under this service, they sent an address — or rather a remon strance—through General Claiborne to Major-General Flournoy, not at all in conformity Avith established notions of military propriety and subordination. In the absence of this address or a copy of it, its nature may be inferred from the foUoAving correspondence : MAJOR HINDS TO GENERAL CLAIBORNE. Camp Pine Level, October 26th, 1813. Dear General : I have the honor to enclose you an address to Major- General Flournoy, from the officers of the squadron of volunteer cavalry, with a request that you will be so good as to permit the same, to be forwarded forth with. And it gives me sincere pleasure to s^y that I am instructed to assure you, that nothing contained in it is intended to apply to yourself, but, on the contrary, every officer feels himself indebted to you for your constant politeness and attention to the interests and comfort of the squadron. With sentiments of sincere respect. Your obedient servant, Thomas Hinds, Major. FROM general FLOURNOY TO GENERAL CLAIBORNE. Mobile, October 28th, 1813. My only response to the address of Major Hinds, and the officers of his corps is, that they were sent to me as volunteers by Governor Holmes. They tendered me their services and asked to be employed. I accepted them, and ordered them to report to you. They have lived roughly, but as well as you or I. If they leave, we cannot help it. I cannot discharge them, because that would imply that their services are no longer necessary, which is not the case. As to stationing them at St. Stephens, Pine Level, or elsewhere, that cannot be allowed. If they remain, they must be kept constantly employed, in protecting the people who must noAV gather their crops, for subsistence, for our troops, and for the men who are exiled from Tennessee. I am_ sorry these gentlemen should have entered the service under such erroneous impressions. The fault is theirs, not mine. FROM GENERAL FLOURNOY TO GENERAL CLAIBORNE. "The injudicious and unmilitary conduct of the dragoon oflBicers under the command of Major Hinds compels me to believe, that they are not disposed to co-operate with us in defence of their country. I have consequently returned them to Governor Plolmes, to be disposed of as he may think proper. You will, therefote, give them no orders, and they are not to be considered a part of your force. You will take care to get their arms when they leave. They will have no use for them where they are going, and Ave shallwant them for men who are willing to remain on the frontier and defend the inhabitants." This was an unfortunate rupture. It is probable that General Clai- 328 Mississippi, as a Province, borne endeavored to reconcile matters, and Avith that view Avent a lit tle beyond the line of duty. Major Hinds was his personal friend, and relative by marriage, and most of the corps were the sons of his friends and neighbors. He received from Major-General Flournoy the foUowing reprimand : Mobile, Nov. 10th, 1813. Sir — The enclosed paper came to my hands after I had boarded the vessel that brought me to this place. A sense of duty requires me to tell you that, in sending me such a report, you have not only acted without, hut against orders. From Avhence do you derive your authority for calling the militia under Major Hinds, sent here by the Governor of the Territory, United States troops ? You know I have decided that they 'are not in the service of the United States. There is no laAV or regulation that can make them so, even had they remained in ser vice under my acceptance — which acceptance expressly stated that they Avere not receiyed as United States troops. Besides, you know that I have returned them to the Governor, declaring that in consequence of their insubordination, I would no longer undertake to com mand them, and they are now under the Governor's orders. And in my letter, handed to you at Mount Vernon, in relation to these men, I instructed you to this effect. The paper is returned to you for correction, and explanation, and in future you Avill have no men on your rolls and returns, but those Avhom the laws and my orders declare to be United States troops." The ncAvspapers and politicians of the Western counties, violentiy denounced the stern old Georgian for his course in this raatter, but he was sustained by the frontier people and the authorities at Washington. The sarae corps, under the same intrepid leader, transferred afterwards to a different theater, became, as avUI be shoAvn hereafter, "the admir ation of one army and the astonishment of the other." By this tiine General Claiborne, chiefly through the agency of Col. George H. Nixon, a very gallant officer, George S. Gaines, John Pitchlyn and Simon Favre, of Hancock county, Miss., had secured not only the neutrality, but the co-operation of the Choctaws. Pushmat taha, one of the three raedal-chiefs, and the raost eloquent speaker in the nation, had been invited to his carap, had been arrayed in the fuU uniform of a general, and soon reported for service with a number of his Avarriors. General Claiborne's command had been greatly depleted by the expiration of the term of service for Avhich his men had en listed, and many had returned horae. After building Fort Claiborne he, at length, prevailed on Major-General Flournoy to reinforce him Avith the 3d United States Infantry, Colonel Russell, and to authorize his advance into the Creek nation. The contemplated expedition Avas not agreeable to most of his officers,. and they placed in his hands the foUoAving paper : "The undersigned, volunteer officers, as republican soldiers devoted to their government, and Avarmly .attached to yourself, and disclaiming any authority to remonstrate or complain, nevertheless, respectfully ask permission to lay their opinions before you, in relation to tbe movement into the Creek nation. Con sidering that winter and the Avet season have set in ; the untrodden wilderness to be traversed ; the impossibility of transporting supplies for the want of roads; that most of our men are Avithout Avinter clothing, shoes or blankets; that a large majority of those ordered to march will he entitled to their dis charge before tbe expedition can be accomplished ; for these, and other consid erations, Ave trust the enterprise may be reconsidered and abandoned, declaring at the same time that, be your decision Avhat it may, we shall cheerfully obey yonr orders, and carry out your plans." Louis Painboeuf, C. G. Johnson, C. V. Foelkil, Ben Dent, Philip A. Engle,. Territory and State. 329 E. Jones, A. Wells, James Foster, H. Morrison, Captains'; Alexander Calvit, Lieutenant and, Aid-de-Camp ; Ben. F. Harney, Surgeon ; John Allen, John Camp, Wm. Morgan, R. Bowman, E. C. Anderson Layson, J. Lockridge, The ron Kellogg, A. L. Osborne, Lieutenants; George Dougharty, B. Blanton, M. Calliham, H. O. Davis, E. Burton, Stephen Mayers, James Luckett, Ensigns. "Their objections," says General Claiborne, in a dispatch to the Mississippi Republican, pubUshed soon after, "were stated with the dignity, feeUng and respect those officers had always manifested. But those abused, calumniated defenders of their country, in a situation to try the stoutest heart, rose superior to privation and suffering. As soon as the order to march Avas issued, each man repaired promptly to his post. Many, Avhose term of service had expired, and had not received a dollar of their arrearages, volunteered for the expedition, and with cheerful alacrity moved to their stations in the line." This includes every officer Avho signed the address. "Yes," continues the General, "when they were exposed in these sAvamps and canebrakes to an inclement Avinter Avithout tents, blankets, warm clothing, shoes and food ; Avhen every countenance exhibited suffering ; Avhen they Avere nine days without meat, and subsisted chiefly on parched corn, these brave men won an important battle, and endured without a mur mur the exigencies of the service." Most of these volunteers Avere young men accustomed to the luxu ries of life. Among them Avere men who becarae Senators and Judges, and two (Gerard C. Brandon and A. M. Scott) afterwards filled the Executive chair of Mississippi. "Officers and men," says Captain Dale, "were averse to the expedition, but when their General reminded them of the taunts of their traducers on the banks of the Mississippi, and that their comrades, slain at Fort Mims, had yet to be avenged, Avith one voice they SAvore they Avould follow him or die in the Avilder ness."* After the massacre at Fort Mims, under the advice of the Prophet, a town or fortress had been built, in a remote place, and to which no path led, called E-can-a-cha-ha, or Holy Ground. The Prophets here took up their abode, and assured their deluded foUowers that no Avhite man could approach it. "It had been strongly fortified," says Pickett, "in the Indian manner; some two hundred houses were erected, and it was the point to which those Avho had been on marauding expedi tions or in battie retreated Avith their plunder and for safety. It stood upon a bluff, on the eastern side of the Alabama river, just be low PoweU's ferry, in the county [of Lowndes. Here many of the white persons and friendly Indians had been burned to death." To destroy this fastness— the chief centre of Indian fanaticism, and break down the confidence of the savages in their Prophets— was the object of the expedition. Eighty miles from Fort Claiborne, near Double Swamp, m the present county of Butier, a stockade Avas erected, and leaving there the sick, the baggage and teams, in light marching order, they struck out, through the pathless woods, for the Holy City, some thirty mUes away. ¦ December 23a, the troops advanced in three columns. The town was on a small wooded plateau, with ravines and swamp on three 'Claiborne's Life of Sam Dale. 330 Mississippi, as a Province, sides, and the Alabama river on the other. It was protected by faUen timber, and by stakes driven firmly in the ground. The Indians, cheered by their prophets, Avho assured an easy victory, and headed by Weatherford — who had led them at Fort Mims — met the troops on the brink of the ravine, and fought with desperation. But after a heavy fight of thirty minutes, seeing many of their best Avarriors wounded or dead, they fled to the swamp and river, their intrepid leader being the last to retreat. Mounting a grey charger — well knoAvii on the frontier — he dashed to a bluff on the river, and with his rifle in hand and a Avhoop of defiance, he plunged in, and reached the Avestern bank safely. On advancing into the great square, Mrs. Sophia Durant, a half- breed lady of respectabUity, and ten other half-breeds, friendly to the whites, were found tied to stakes, Avith piles of lightAvood around. Their lives Avere saved by the sudden assault. Many savages fell, and the town, heretofore deemed invulnerable,, Avas burned. The moral effect Avas great. It demonstrated that they had no fortress too sacred, too remote or too strong to be exempt from assault, and it destroyed their fanatical faith in their Prophets, and their incantations and assurances. In this battle a number of Shawnese Avere engaged. Three of them Avere killed the next day, and a town of sixty houses, eight railes higher up the river, destroyed. In Weatherford's house, at the Holy Ground, a number of letters from the Spanish authorities at Pensacola, Avere obtained, showing their close relations with the savages. In transmitting these to the War Department, General Claiborne said : ' ' Seize Pensacola, and you disarm the Indians. It is the real heart of the Creek confed eracy." By this time the term of service of two-thirds of his A'olunteers had expired. But the General intended to prevail on them to pursue the Creeks still farther. At that juncture, he received a letter from Gen eral Jackson, dated Deceraber i8th, 1813, urging him to remain at Weatherford's Bluff untU further advices. This determined the return to Fort Claiborne. On his arrival there, Carson's Mississippi volunteers, and the cavalry, Avere mustered out of service, and there Avere only sixty men left, 'whose term Avould expire in a month. These troops, the General complains, had been permitted to serve Avithout clothing or shoes, and had been disbanded with eight months pay due thera ! What a commentary on the War Department of that day ! What an illustration of the patience and patriotism of the volunteers of Mississippi ! The volunteers had served over and above their term; had re mained, from attachment to their General, and started on the weary journey for their distant homes on the Pearl, the Amite and the Mis sissippi Avithout a cent of their pay. Their General soon foUowed, as poor as themselves, and, Avith a constitution broken by exposure, soon died. He Avas accused by critics Avho remained in their comfortable retreats, Avith inactivity. He Avas held responsible for the faU of Fort Mims. He Avas charged with a want of enterprise in not in vading the Creek nation, on his arrival on the Alabama. His vindi- Territory and State. 331 cation AviU be found in the preceding narrative, and in the following memoir, -f- WhUe our frontier Avas being desolated and most of our able-bodied men had repaired there for its defence, the condition of things at home was bad. The Avar Avith Great Britain had brought down the price of cotton to seven or eight cents, and the crop then and for several preceding years, had been greatly reduced by rot. For three years, in succession, the river lands had been overflowed. Neither real or personal property Avould command more than one-half their previous value. There Avas a heavy debt owing the United States for lands purchased, faUing due at the end of the year, Avhich, if not paid, under the terms of the sale, would operate a forfeiture of the land, Avithout any -illoAvance for the improvements made thereon. The usual official vermin and revenue detectives and agents, that SAvarm at periods of distress, in the arrogance and pride of place, had made their appearance, like vultures scenting their prey afar off. The war, besides drawing aAvay the laboring white men, augmenting the price of commodities by blocking up the avenues of trade, had largely in creased the taxes, Avhich many of the people Avere unable to pay. The situation Avas bad. It had been aggravated by experimental and very injudicious legislation. Before the Avar commenced, when cotton readUy commanded fifteen cents, and Avhen there could be no pretext for interfering betAveen debtor and creditor, the legislature passed Avhat Avas designated as the Forth-Coming Bond Law, which, in its operation, amounted to a suspension of judicial process — since it was, ultimately, raore difficult to obtain an execution on such a bond than on the original judgment. Tempted by the high price of cotton, people had plunged recklessly in debt for land and slaves, and this interference Avith old and established laws, Avas in the interest of the improvident and speculative, but not authorized by any sound principle of political economy. Cotton Avas received at fourteen and fifteen cents in payment of debts. The Forth-coming bond act Avas repealed, but an Act was passed " to prevent the sacrifice of property," followed by "an Act for the relief of debtors." Subsequentiy, another so-caUed relief law was passed. The motive for this legislation might be good ; the intention, osten- «At a meeting of the militia otficers of the Mississippi Territory, Avho have lately been discharged, the foUowing address Avas unanimously agreed j;o: TO BRIGADIER-GENERAL CLAIBORNE. The undersigned, whose term of service has just expired, being about to re turn to their homes, desire to express their high appreciation of your military and personal character, and of your uniform kindness and attention to your officers and men. "With your limited resources and your restraining orders, you haT?_e done aUthat a General or man could do, and every member of your command, from the private soldier to the highest in rank, regards you as their trusted leader, and as a father. 'We shall carry this feeling with us to our homes, and shall teach our families and our chUdren to revere your name. , . u R. Robinson, Major; John H. Shanks, Jacob Guice, PhUip HiU, Zacchariah X-ea, Captains; John C. Cox, Surgeon; C. G. LleweUen, Ozias Austin, David Guice, W. W. Blanton, Peter C. Chambliss, M. Kinchew, G. W. "Weatherly, ti. Alexander, John Stephens, Hiram Baldwin, Jaraes Green, W. M. Leake, James McGowen, Lieutenants; W. King, Sam. Nicholson, Joel White, Ellis E. Spellman, Ensigns. Baton Bouge, March 22, 1813. 332 • Mississippi, as a Province. sibly, was to prevent the sacrifice of the brave men then defending our frontier, but really more to shield the gambler in land and negroes purchased at high prices, and whose value, owing to the war, had rapidly depreciated. But since, by no act of the Legislature, could the debt be sponged out, these so-called relief laws only superinduced an accumulation of interest and costs that, in the end, swept every thing into the pockets of the creditor. Yet, with the knoAvledge that their crops had faded, or been des troyed by the rot ; that the Avar with Great Britain, and the blockade, and its domination of the seas, had reduced cotton below the cost of production ; that the national government, pressed by its necessities, Avas clamoring for the last installment due on land, and that, in aU probability, their families would be evicted and homeless — these brave Mississippians, badly clothed, badly fed, and not paid, continued in service to the last moment;, many, after their terras had expired; patient, uncomplaining, obedient, as fifty years since Ave have seen their sons and grandsons, on the frozen banks of the Potomac, in the deadly trenches of Petersburg, in the defiles of Georgia — whenever there was an invader tt) confront, or a duty to discharge, though they knew their families at home were Avithout shelter and often Avithout bread ! CHAPTEE XXTIII. ' HE name of Gen. Ferdinand Leigh Claiborne has so frequentiy occurred in the course of this narrative, and , there are so many proofs of the zeal and perseverance he manifested in defence of the frontier, that a brief memoir of his career is called for. He Avas a native of J Sussex county, 'Virginia, of a family prominent in that com- mouAvealth from the tirae of Charles I. On the 21st of No- (vember, 1793, in his tAventieth year, he Avas appointed an ensign in the Legion in the service of the United States, and Avas ordered forthAvith to the headquarters of Major-General Wayne, on the NorthAvestern frontier. He Avas in the great battie in Avhich that able General soon after defeated the Indians, and for his good conduct was promoted to a lieutenancy. At the close of the war he Avas stationed at Richmond, and Norfolk, in the recruiting service, and subsequently Avas ordered to Pittsburg, Fort Washington, Fort Greenville and Detroit, Avhere he remained Avith the rank of Captain and acting Adjutant General, ist regiraent U. S. infantry, army of the Avest, until 1805, AA'hen he resigned and removed to Natchez, in the Mississippi Territory. Entering extensively into mercantile and agri cultural operations, he Avas soon after elected a representative to the Territorial Legislature, and Avas called by that body to preside over its deliberations. When General WUkinson applied to the authorities of the Territory for volunteers, to aid him in repelling the hostUe demonstrations of the Spaniards on the Sabine, he was placed at the head of the expedition, and when Avithin one day's march of the Sabine, Avas met by an order from the commanding general, to retrace his march, and disband the volunteers — an order predicated on private negotiations between the Spanish and American Generals, that occasioned great dissatisfaction in the Mississippi Territory, and permanentiy impaired the popularity of Gen. Wilkinson. On the Sth of March, 1813, Col. Claiborne Avas appointed Brigadier General of volunteers, in the service of the United States, and Avas ordered by Major-General WUkinson to take command of the post of Baton Rouge, where a considerable number of volunteers were stationed. In the latter part of June, 181 3, he was ordered to march with his command from Baton Rouge to Fort Stodart, on the Alabama; "the defence of MobUe," said the order, "will be your principal care." The foUowing letter addressed to Major-General Flournoy (who had succeeded Wilkinson in the command') wUl show the difficulties of the 334 Mississippi, as a Province, march, and the miserable condition of the Quarter-master's depart ment : Buller's Plains, 21 miles from Baton Eouge, "l July Sth, 1813. / Sir : I arrived here last evening, preceded by 250 men of Col. Carson's regi ment, Mississippi Volunteers. The rear will be up to-raorrow evening, under the command of Lt.-Col. Eoss, who will proceed with the regiment to Liberty, Avhere he will be joined by a wagon-train from Natchez. I shall join the com mand at Liberty. It has rained every day for six weeks. The roads are in tolerable. Already tbe two hundred dollars advanced me have been expended for wagon hire. I will, however, meet all the necessary disbursements on the march ont of my OAvn means. Very respectfully, your most obedient servant, Ferdinand L. Claiborne, Brigadier General Volunteers. extract from a letter from gen. CLAIBORNE TO COL. BEN. HAWKINS, XJ. S. AGENT, CREEK NATION. Cantonment, Mount Vernon, near Fort Stodart, "l August 14th, 1813. / "On the 30th ult., I reached this place, with 700 men, from Baton Eouge, and expect to be re-inforced by the 7th Eegiment, U. S. regulars, in a few days. I cannot say what Avill be the determination of Maj.-Gen. Flournoy, under whose orders I act, but I hope to receive permission to strike for the heart of the Creek nation." The foUoAving letter, Avritten soon after the command reached its place of destination, shoAvs, in a strong light, his solicitude for the vol unteers and the self-sacrificing spirit of this patriotic officer: Cantonment, near Fort Stodart, "I August 13th, 1813. i To the Officer in Command al Liberty, Mississippi Territory : Sir : I write for the express purpose of sayin.g that under no circumstances must the sick Avho have been left at Liberty, suffer for the Avant of any comfort. Should Surgeon Cox be out of medicine direct him to send forthwith to his father, at the town of Washington, and I will see the amount paid."-' If you cannot procure groceries and other supplies from the dealers in town without cash, apply, in my name, to my friends. Col. Nelson, H. !M. Harper, Thomas Waggoner, Esq., or either of them, to assist you in obtaining them, and I will be personally accountable. Your obedient servant, F. L. Claiborne, Brig. Gen. Vols. Although ordered to the Alabama for the express purpose of co operating in the "defence of Mobile," his attention Avas immediately drawn to the condition of the frontier. Unfortunately, as fully ap pears from the documents before us, the communications from the U. S. Agent in the Creek nation. Col. HaAvkins, to Gen. Flournoy, had persuaded the latter, that the agitation among the Indians Avas of a domestic nature, and would only lead to a civil Avar among them selves. Gen. Claiborne, and the best informed citizens on the frontier, thought otherwise, and he accordingly applied to the Major- General for a smaU reinforcement of regulars, Avith permission to march at once .into the heart of the nation. The foUowing extract of a letter from Major-General Flournoy, in reply to Brigadier-General Claiborne, wUl illustrate the state of things. It is dated Bay St. Louis, August I Gth, 1813 : ¦Dr. John Coxe, an eminent surgeon and physician. TliRRITORY AND StATE. 335 "I shall send tho 7th Eegiment by Avater to Mobile. I fear that it is the de sign of the Spanish Government to draw our force to the upper country, by playing off the Indians upon us there, and then to make an attempt to retake Mobile. To guard against this, Maj. Gibson will be directed to remain Avith his regiment at Mobile, till further orders from myself. I have to entreat you, not to permit your zeal for the public good (which I know you have at heart as much as any man), to draw you into acts of indiscretion. Your Avish to pene trate into the Indian country, Avith a vieAV of commencing the Avar, does not meet my approbation, and I again repeat, our operations must be confined to de fensive measures." Gen. Claiborne had, likewise, urged the commander-in-chief to call out the militia of the Territory for the defence of the country, but, in the same coraraunication. Gen. Flournoy says: "lam not authorized to make the call."* Several murders having been committed by the Indians, Gen. Claiborne had taken the responsibility of establishing a chain of posts on the waters of the Tombigbee and Alabama, for the protection of the settlers. He also dispatched Maj. Bellanger, to the Choctaws, then balancing betAveen Avar and peace, to secure their co operation, Avithout Avhich the whole territory Avould have been exposed to the tomahaAvk. In the letter above quoted. Gen. Flournoy says: "You may dispose of the volunteers according to your judgment, but for the reasons stated, viz : a fear that the Spaniards design attacking Mobile, and Mobile Point, I must enjoin you not to give any order or interfere with the instructions to the officers at those posts." Hav ing distributed his troops into posts to protect the adjacent settlements, and enable the citizens to secure their crops, according to universal usage in Indian warfare, Avith more men at each post than ever Avere assembled at any one post on the Northwestern territory in Wayne's campaigns, or during the last war with Great Britain, or in the san guinary settlement of Kentucky and Tennessee, Gen. Claiborne per sonaUy inspected each of them, and urged the utmost circumspection against the treacherous enemy. On the 7 th of August, he arrived at Fort Mims, and ordered Maj. Beasely to strengthen his picketing, to build two additional blockhouses, and to send out scouts constantiy. The foUoAving is the statement of Lieut. Chambliss, a gaUant officer, and one of the few Avho survived the fatal catastrophe of the 30th of August : " I certify that I delivered, on the 7th of August last, a letter from Gen. Claiborne to Maj. Beasely, commanding Fort Mims, instructing him to strengthen the pickets, and to build one or two additional blockhouses. And I further certify that Maj. Beasely received a. letter, one or two days before the attack on Fort Mims, from Gen. Claiborne (Avho was on his Avay to Fort Easely), advising him of the reported movements of the enemy. Wm. E. Chambliss, Lieut. Miss. Vols.'' Port Gibson, July 16th, 1814. Having returned, from this tour of inspection, to St. Stephens, in telligence reached him on the 2 sth of August that an attack was to be made on Fort Easely, the most advanced and feeble post on the frontier, where many families were coUected, with but six men to de fend them. He immediately sent despatches to the different posts, and with 30 men of Scott's, and 30 of Dent's company, and 20 *It was the duty of Gov. Holmes to have made this caU. But he postponed it until after the faU of Fort Mims. And we have seen how promptly it was responded to. 336 Mississippi, as a Province, dragoons, repaired to Fort Easely to take the coramand. Here he re ceived the astounding iicavs of the fall of Fort Mims — astounding, because his last cautions had been directed to its gallant command ant; because the morning report, the day preA'ious to the attack, showed the effective force to be 106, besides 35 men at Pierce's and Kennedy's raiUs, in the vicinity, who received orders frora the fort; and because, ia a letter, written on the very morning of the attack, Maj. Beasely had reported hiraself prepared to repel, any force that raight assail hira. As far back as the 28th of July, Lieut. S. M. Osborn (Avho afterwards fell in the fort), in a letter to Col. Carson, says: "This stockade is in good condition, and I ara sure avUI be Avell defended." And it would have been successfuUy defended, but for the fatal confidence and contempt of the enemy that prevaUed, and rendered all subsequent gaUantry unavailing. Educated in the tactics of Wayne, General Claiborne could hardly realize the fall of Fort Miras — and with a bleeding heart gave orders to Capt. Kennedy to repair to the fatal spot, and bury the remains of the gaUant dead. The fort, on the morning of the attack, mustered 106 effective men, and a plentiful supply of provisions and munitions of Avar. The origi nal fortification Avas a line of pickets, Avith one blockhouse, a large dAvelling, kitchen and smoke-house, and two bastions placed in posi tion to throAV upon an enemy a cross fire, in Avhatever direction he might approach. These Avorks had been materially strengthened. Had the gates been kept closed, and the men properly posted in the bastions and blockhouse, all experience shoAvs, that such a force might have kept at bay a thousand Indians. The courage of Maj. Beasely amounted to desperation. Although often warned, he turned a deaf ear to all idea of danger. At th e onset of the enemy, in the blaze of three hundred rifles, he rushed to close the front gate, Avhich opened into the outAvard Avork not yet completed. Here he fell — too soon to perceive his inabiUty to repel a superior force fighting on equal terras ; too late to enable the g^Uant officer Avho succeeded hira, to gain possession of the bast ions and blockhouse, Avhich were now occupied by the eneray. Informed of this great disaster by express frora Capt. Kennedy, in command at Mount "Vernon, Gen. Claiborne left Fort Easely, and immediately repaired to the several posts and settiements, to rally the .flying inhab itants, and urge them to enroll for the defence of the country. He Avas actively and zealously aided by Col. Haines, Col. PhiUips, George S. Gaines, Maj. Smoot, Judge Toulmin, Col. Caller, Capt. Henry, and Messrs. McGriffin, Sewall, Bohannan, Irvin, BaldAvin, Cols. Patton, Skinner and Bates, Capts. Lester, Dale, and other influential citizens. His attention Avas next directed to the ChoctaAvs, Avho then occupied the Mississippi Territory north and south from the Wayne county line to the Tallahatchie river, and east and Avest from the Tombigbee to the Bayou Pierre. The young warriors of that power ful tribe had snuffed the scent of blood, and Avere panting for the strife. The Chickasawhay tOAvns began to paint and to chant their Avar songs. Some of thera had been present at the great councU held by Tecumseh Avith the Creeks, and runners were constantiy passing from one nation to the other. At this juncture Fort Mims fell, and the ChoctaAvs were on the eve of draAving the scalping knife against the whites. Their aspect Avas so menacing, and the consternation so Territory and State. 337 great, that the people of the southeastern counties. Green, Wayne and Perry, forted at Winchester, and on the Mississippi many famUies abandoned tiieir homes, and fled to the swamps. More than once it AA'as reported that the ChoctaAvs Avere in arms," marching on Port Gibson and Natchez. Had they united Avith the Creeks, the Avhole Territory Avould have been desolated. No possible force in the poAver of the federal or territorial authorities to rally, could have stemmed the tide of butchery and conflagration. Gen. Claiborne, it Avill be recoUected, had some time before dispatched Maj. Ballenger into the nation to ascertain the temper of the ChoctaAvs, (where he un fortunately died), and he Avas constantly advised of their movements by George S. Gaines, then residing among them at the U. S. Factory, and to Avhose zeal, activity and sagacity there are abundant testimonies in the papers of Gen. Claiborne. Through the agency of this gentle man, and by liberal expenditures from his private purse, the General induced Pushmataha, a renoAvned Avarrior, orator and medal chief of the ChoctaAvs, to visit St. Stephens and Mobile. The result of his A'isit Avas the union of the ChoctaAvs with the Avhites, and thus one great point for the protection of the Territory Avas secured. From MobUe Gen. Claiborne returned to Mount Vernon, accompanied by Maj.-Gen. Flournoy, aa'iio assumed the command. An expedition was resolved upon, to consist of the 3rd and 7th regiments, U. S. in fantry, one company of artiUery, the volunteers under Gen. Claiborne, including Maj. Hinds' dragoons, and a detachment of Choctaws, making tAvo thousand effective men, to be led by the Major-General in person. Active preparations Avere set on foot. On the 12th of October, 1813, Gen. Claiborne Avas ordered to advance Avith the volunteers, and Hinds' dragoons. The object of this detachment was to march through the forks of the Tombigbee and Alabama, routing the parties of the enemy supposed to be lurking there, and then to take post at some eUgible point until the main body of the army,-could move. On this march the savages continually hovered round the troops, in small parties, a fcAv skirmishes occurred, but no stratagem could induce the Indians to appear in force. Gen. Clai borne then encamped at Pine Level, in a plentiful country, to aAvait further orders. The coramand Avas in high spirits, and burning for an opportunity to Avin distinction on the battie-field. On the 6th of November Gen. Flournoy announced to Gen. Claiborne that he had determined to abandon the enterprise.' This determination was pro duced by an order frora the War Department directing Lieut. -Col. RusseU to correspond Avith the officer in command of the Georgia troops, Avhich, by implication, constituted the 3d regiment a separate command. Besides this unlooked-for event, Avhich reduced the effective force of Gen. Flournoy nearly one-third, it was the opinion of CoL McKee, U. S. Agent for the Choctaws, that the Avhole force on the frontier Avas inadequate to the proposed expedition. The Major-General therefore resolved to return to New Orleans with the 7th regiraent. He had declined recognizing Hinds' Dragoons as being in the service of the United States, and that gaUant corps of Mississippians Avere preparing to return horae, deeply mortified, but not without saying to Gen. Claiborne, in a letter from Major PLnds: "It gives me sincere pleasure to inform you, that I am instructed to say, that nothing contained in our address to Gen. Flournoy is m- 338 Mississippi, as a Province. tended for yourself; but on the contrary every officer feels himself in debted to your politeness and at:;ention to the interest and comfort of the squadron." On the Sth of November, Gen. Claiborne addressed Gen. Flournoy, as foUoAvs : "I this moment recei\'ed your letter of the Gth inst. I am distressed at its contents. I hoped and believed that you Avould lead us into the enemy's country. If you think yourself bound to relinquish the command of the 3d regiment, and to abandon the movement contemplated, Avhat disposition will be made of my command ? AVe have about eighty drafted men, and 375 men of Col. Carson's regiment. Give me Pushamataha, and his warriors, and we Avill make a dash at the Cahawba toAvfis. We cannot leave the service without achieving something. I send my vVid and Dr. John Ker, of the medi cal department,'* to urge our claim to this favor. Should you indulge us we need pistols, flints and cartridges, and $300. I have not a dollar. My OAvn funds are exhausted, and my men are unpaid, and Avithout shoes or blankets. Should you refuse this request, what duty are we to perform ? I hope it Avill not be that which will disgust my brave comrades. — garrisoning stockades aud securing crops. The two gentlemen avIio wait on you know the pride and the temper of the 1st Eegiment, Mississippi Volunteers, and Avill strongly urge our wishes. " In reply, Gen. Flournoy Avro'te : " I do not Avish you to engage in any rash enterprise. You must act on the defensive." On the loth of November he ordered Gen. Claiborne to proceed to Weatherford's Bluffs (noAv Fort Claiborne) and establish a depot of provisions for Gen. Jackson, Avho had Avritten that he Avas "in more dread of famine than of the Indians, and that Avithout a supply he could not carry on the campaign." The foUoAving from Gen. C. Avill be read Avith interest : Cajip Pine Level, Nov. 12th, 1813. Major-General Flournoy : Sir : Your letter of tlie 10th Avas receiA-ed, and -.x, part of my command-is already on the march for Weatherford. To-morroAV the whole Avill be in motion, and in three days we shall be established there. My volunteers, half naked, evinced the greatest satisfaction on learning their destinv. The ad vance toAvards the enemy, and the probability of Avinning distinction on the path to Pensacola, inspired them all. It seems to be intended that you should act on the sea- board, and not in the Creek war. WithdraAving the 3d regiment is eA'idence of the fact. But at every hazard, I wish you would enter the Creek nation." The operations at Weatherford's are briefly stated in a letter from Gen. Claiborne to Gov. Holmes, dated Nov. 21st, 1813 : " I am on the east bank of tbe Alabama, 85 miles above Mims, and in the best part of the enemy's country. From this position we cut the savages off from the river, and from their groAving crops. We likewise render their com munication Avith Pensacola more hazardous. Here Avill be deposited, for the use of Gen. Jackson, a supply of provisions, and I hope I shall be ordered to co-operate Avith him. Col. Eussell, of the 3d U. S., has been ordered to co operate Avith the Georgia troops, aud is now on his march to this place. We have by several excursions alarmed the Indians, and the possession of this im portant position Avill induce them to retire. I have Avith me Pushamattalia, Avho Avith 51 Avarriors, accompanied by Lieut. Callaham of the volunteers, Avill march tliis morning, and take a position to intercept more effectively the com munication of the enemy Avith Pensacola." ^ As far back as the 2 2d of October, Gen. Claiborne, in a letter to Gen. Flournoy had recommended that bold achievement Avhich Gen. Jackson afterwards accomplished — " I would advise a stroke at the root of all present distress — Pensacola." ¦••'An eminent physician ot Natchez, then attached to the Volunteers. Territory and State. 339 WhUe engaged in constructing Fort Claiborne at Weatherford's Bluff's on the Alabama, he received a letter from Gen. Jackson urging him, in his disabled state, not to make incursions, but to maintain his position and cut off the communication Avith Pensacola, Avhence the In dians obtained their poAvder and lead. He urged likcAvise, the im practicability of prosecuting his own campaign, Avithout the supplies for Avhich he relies on Gen. Claiborne*. Off Steother, Ten. Lsl.vxds, Dec. 18th, 1813. ¦sG«m. F. L. Claiborne: Sie: — Your letter of the 12th niU. was handed me last night by Mr. Mc- Canless. Accept, sir, my thanks, for the disposition you have manifested to afford me aid and co-operation. Before this reaches you, you Avill have heard of our battle at Talladega. It AVas fought on the 9th of Xovember, and Avas indeed a severe bloAV to the eneray. It is impossible to tell, with any ijrecision, the loss they sustained. We counted, however, two hundred and ninety-nine dead on the field; but this is known to fall considerably short of the number really killed. Could 1 huve followed up that victory immediately, the Creek war, before this, bad been terminated. But 1 Avas compelled by a double cause — thcAvant of supplies and tlie Avant of co-oiaeration from the East Tennessee troops, to return to this place. On my arrival here, in stead of plentiful supplies, I found the most distressing scarcity. Discontents arose among my men, Avhich my utmost endeavors have been nnayailingly used to remove. Another and more stubborn cause of enibarras.smeut was at length ad ded to the former. The old volunteers who composed a part of ray force, believ ing their term of service to liave expired on the 10th inst., refused to prosecute the campaign any farther; and not considering myself erapoAvered to discharge them, Iwas compelled to permit them to be marched to Nashville — there to aAvait such orders as the Governor or Secretary of War may think proper to give them. Gen. Cocke Avith the East Tennessee troops formed a junction with me on the r2th inst, and to my great surprise 1 learned, afier his nrrival, thatthe term of service of ihe greater part of his raen would expire in a few days, and of the whole, in a few Aveeks. 1 had supposed that 1.500 of thera had been raised under the order of Governor Blount founded upon the requisition of the President; and that they were bound to six months servi'-e. Tliis not being the case 1 have or dered him to march back and discharge that portion of his troops Avhose term of service is within a few diiv.s of expiring, and to raise, with all practicable dis patch, loOO in conformity to the President's requisition. He left here on the 16th inst., — leaving one regiment whosi teri-n of service Avill expire about the middle of next month. After the battle at Talladega tbe cav.alry and mounted gunmen were permitted to return into the settlements to recruit their horses. Haying assembled again, they are ordered to remsin at the nearest point where forage can be procured, (which is about 70 railes distant) until supplies arrive to justify another move ment. When supplies sufficient for this purpose will arrive I durst scarcely ven ture a conjecture— having been so often disappointed by the contractois. 1 hope, however, that by the 25th I shall be able to commence operations ag.ain. 1 learn that the enemy are again erabodA'ing in considerable force at the " Fish-traps " on this river, about sixiy miles beloAV me ; and I ara exceedingly anxious to exchange salutations with them once more. When I arrive at the junction of the Coosa and Tallapoosa, where, but forthe causes I have assigned 1 should have been long ago, 1 shall erect a strong gaiTOon —keeping the coraniunication open with the posts I shall have established be hind. Thus, General, I have stated to you my situation and my prospects. Would to God they were more flattering ; but as they really exist I ara bound to represent them. NotAvithstanding, hoAvever, the delays and difficulties Ave have been ex posed to, the campaign must be prosecuted to a successful termination. The sup plies whieh can be forwarded up the river, and Avhich, I am happy to learn from you, will be forwarded, Avill be of tbe utmost seryiffe in the accomplishment of this most de.sirable object. So Avill also your active co-operation with the men Tinder your comraand, which I kn.oAV you Avill at all times, most cheerfully ren der. AVhenever 1 get again in motion, which 1 hope to do m a few days, and pro gress far enough to" operate in concert Avith you, IavIU advise you of it by express. In the meantirae permit me to suggest to you the propriety of retaining your po sition at Weatherford (Fort Claiborne), and of collecting there all the supplies you can procure from the lower country. It is not understood by the govern ment that this war is to be confined to mere temporary incursions into the enemy s 340 Mississippi, as a Province, ToAvardsthe close of 1813, Gen. Claiborne, seeing that the term of service of his volunteers was rapidly drawing to a close, determined on an expedition to the Holy Ground. The main body of his officers were opposed to it. The difficulties anticipated by these brave men, Avere Avell knoAvn to the General ; they Avere ftUly realized on the march, but it ended in that decisive battie at the Holy Ground, AA'hich we have elscAvhere fully detailed. These difficulties and the patience Avith which they Avere endured by that patriotic corps, are briefly sketched in the foUoAving letter, the last Avritten by Gen. Claiborne on the fron- .tier, that has faUen into our hands : Mount Vernon, .lanuary 14th, 1814. To the Secretary of War : Sir : — The term of service of the volunteers enrolled in this Territory and Louisiana, composing my brigade, having generally expired, there being only some sixty left Avho have yet a month to serve, I am left Avithout a command, and Avill myself leave this frontier for Natchez in a few days, by permission of Gen. Flournoy. In my previous letter I stated the circumstances that prevented me from marching, after the battle of Eccanachaca, to the Quewallie towus, 45 miles above, where McQueen Avas reported to be. We were destitute of sup plies. My Avbole command, on their return march, subsisted four days on parched corn and Avere nine days Avithout meat. The expectation of finding beef in the course of our march, the Avant of transportation and the neglect of the contractor, occasioned this. My volunteers are returning to their homes, with eight months pay due them, and almost literally naked. They have served the last three months of an inclement winter, without shoes or blanlcets, and almost Avithout shirts, but are still devoted to their country, and properly impressed Avith the justice and necessity of the Avar. " Such Avere the resources with Avhich Gen. Claiborne Avas left to cover this extensive frontier — a fcAv skeletons of companies — soldiers Avhose terra of service Avas constantly expiring — men Avithout tents, blankets or shoes — scantily supplied Avith provisions — compeUed, on a march, to pack these upon their backs — and for eight months enduring the hardships of frontier service Avithout a dollar of their pay ! Yet much Avas achieved after the fall of Fort Miras. The country Avas effectu ally protected; material aid Avas rendered Gen. Jackson in his career of victories, and the Indians Avere effectually chastised on one of their sacred fields. Honor to the memory of our frontier defenders ! Gen, Claiborne did not long survive the date of this letter. He returned to his famUy in the vicinity of Natchez, his constitution broken by exposure, and his fortune totaUy Avrecked in the public service, and died sud denly about the close of 1815, in his forty-fourth year. The last actof his life, and the last dollar of his fortune, Avere expended in illuminat ing his house and grounds, on the news of Jackson's victory at New Orleans. The fall of Fort Mims, the butchery of so raany Avoraen and children, and the defenceless condition of the settlements, aroused everyAvhere country— such movements might distress them, but Avould produce none of those lasting and beneficial eff^ts which are designed to be produced. Perhaps, too, there arc ulterior objects, not yet avowed, Avhieh may be within the contemplation of^ government. Tho force under your comraand is sufficient to enable you to re^ tain any position Avhich yon may think proper to cstablisli- Avhile such diversions are making in other quarters, aiid I am clearly of opinion that a strong fort at some middle point on the Alabaraa, will be found ot great service in the future prosecution of the campaign. The hostile Creeks, no doubt, derive raost of their railitary resources from Pensacola, and that communication ought to be, and must be, broken up. 1 ain, dear General, your very ob't., bumble serv't. A'ndreav "Jacrson, Major-Gener.il. Territory and State. 341 the sympathies and martial spirit of the people. The citizens of Ten nessee, Avho had literally fought their Avay to the Holston, and from the Holston to the Cumberland, and whose frontiers Avere paved Avith hu man bones, rose, solidly, in arms, and demanded to be led into the In dian Territories. A leader erainently fit for the Avork presented him self Intrepid but self-restrained, impetuous yet proverbiaUy circum spect, Avith a faculty for command and a personal magnetism only found in rare instances, and a thorough knOAvledge of the men he was to lead, and the men Avhom he had to fight. These Avere no comraon enemies. They Avere not the brave men that fought DeSoto on the Alabama. That unhappy race had perished under the SAVords of the Spaniards, or from pestUence or intestine Avars, and the finest hunting ground and most productive district in the South had long been de populated. It Avas at length occupied by the Muscogees, a martial tribe that migrated from the remote NorthAvest, and fought their Avay ' to the Alabama river. Here they halted. They waged Avar on the neighboring tribes, and after a time incorporated those whom they subjected, among themselves. The refugees of the Natchez Avere re ceived into the faraUy, and fugitives frora every quarter. Gradually, by intermarriage and a common sense of danger, these various ele ments became amalgamated, and knoAvn as the Muscogee or Creek Confederacy. They Avere supplied Avith such goods as they used, Avith arms and ammunition, before the American revolution, by British traders from Charleston. Afterwards, chiefly by the great British house of Wm. Panton & Co. , Pensacola. TAvice a year the Creeks, with caravans of pack-horses, laden Avith skins and peltries, visited that city. Trading houses Avere likewise established in the nation. Most of the traders and their employees were Scotch, Avho usually took Indian Avives, and the issue of these marriages had been, for a number of years, the rulers of the country. Many of them, like McGiUivray, McIntosh, and Weatherford, had been educated and amassed large fortunes. Had the American Indians, in their conflicts Avith the Avhites, been able to restrain their ferocity Avhen victorious, there Avould be no nobler record of courage, patience, perseverance, of all that consti tutes heroism. Naked, without shelter or subsistence, with neither medicine nor surgeons, nor transportation, and Avith inferior arms, they often overwhelmed regular armies and captured fortified posts. But, unfortunately, their successes Avere accompanied by the raost shocking atrocities. Amalgamation does not seem to have mitigated this characteristic. Wherever there Avas a drop of Indian blood it ¦cropped out, and its manifestation has been more in the half-breed than in the original. It Avas not the capture of Fort Mims — a strongly garrisoned post — weU calculated to alarm the country, but the dreadful massacre of the captured, that roused our people. It is not on our schedule to follow the avenging Nemesis. The memorable march of Jackson and the Tennesseeans — and their Avonderlul achievements — have been often recorded. 1814. After the terrible battie of the Horse Shoe and the surrender of Weatherford, Gen. Jackson had at his command some 3,000 men. Col. Thomas Hinds, AA'ith his battalion of Mississippi dragoons, Avas ordered to report to him for duty. The General had seen the Spanish papers captured by Gen. Claiborne at the Holy Ground, and had 342 Mississippi, as a Province, ever since kept his eye on Pensacola. He knew that the Spanish forts there Avere garrisoned in part by British troops, and by a number of Indians Avho had participated in the massacre at Fort Mims. Two or three British armed vessels lay in the harbor. Crossing the Ala baraa at Miras ferry, Jackson marched for Fort Montgomery, with three regiments of infantry, the Tennessee railitia under Coffee, and Hinds' Mississippi dragoons. He advanced rapidly on Pensacola. Halting tAVO miles out, he sent a reconnoitering party under Lieut. Murray of the dragoons. They captured a Spanish out-post, but Lieut. Murray Avas killed by an Indian in ambush. Gen. Jackson sent a flag to the Spanish Governor and deraanded his authority to occupy Forts Barancas and St. Michael, to protect the province against the British and Indians, Avho Avere then at Avar Avith the United States, and by their occupation Avould endanger the friendly relations between the United States and Spain. This the Governor declined, and Jackson finding that the Spaniards Avere in league Avlth the British and Indians, determined to carry the place by assault. It is not Avithin my Umits to go into the details. The General, as usual, Avas successful. He compelled the English to retreat and drove the Indians, Avith severe loss, into the Avoods. And then divining the object of the British squadron, he put his army in raotion, for Fort Montgoraery, on the Alabama, and halting them there, and at other convenient points, he proceeded to NeAv Orleans. Hinds' Mississippi dragoons Avere or dered to report at New Orleans as soon as practicable. They marched to Liberty, Amite county, Avhere, as many as desired it Avere furloughed for three days to get a remount, and rendezvous at Camp Richardson, Wilkinson county. The march Avas pushed on day and night, the Aveather very cold and Avet, the road exceedingly bad. They entered the city on the night of the 23d of December, at 2 o'clock, and bivouacked on Avhat is noAv knoAvn as Lafayette Square. We quote noAv the MS. of the late venerable M. W. Trimble,* a member of the Jefferson troop, of Avhich Isaac Dunbar Avas Captain, Battle Harrison, ist Lieutenant, and Malcolm Curry, Cornet: " As soon as we had camped. Col. Hinds proceeded to Jackson's headquarters for orders. Before he returned, about eleven o'clock in the morning, we heard the alarm guns. In ten minutes he appeared in sight, at full speed, waving his SAVord. We had mounted, aud immediately formed four abreast, and folloAved him in a brisk trot, down Eoyal street. Every balcony was crowded, and the ladies were Aveeping and Avringing their hands. Three miles or so below tlie city Ave came in A'iew of tAvo Louisiana rifle companies, and saw them fired upon by a large party of British concealed in an orange grove. Discover ing our approach this party rapidly retreated beloAV. Our first service was to throAV down the cross-fences, from the levee to the Avoods, so as open the way's for our army. We Avere then ordered to get as near the British lines as safety Avould authorize,, and keep a vigilant watch on their movements. Under cover ' of night Ave rode silently doAvn the levee, Avith a .single file of Louisiana riflemen on foot. By the light of their fires we perceived a British outpost or guard, Avho Avere ¦•¦¦¦Eobert Trimble came from the Holston to Bayou Pierre, Miss., in 1798. He married the daughter of Samuel Gibson, Avho lived Avhere the beautiful town of Port Gibson now stands. This Avas then the first Avhite settlement after passing from the Curaberhnnd settlements, through the Chickasaw and ChoctaAv nations, and Avas on the old Indian trading path, usually called the Natchez trace. In 1811 the father of Robert Trimble and the other branches of the family, left Holston and settled near the line between Claiborne and J etferson counties, Avhere he met his old friend. John Bolls, and soon aftei-Avards the Rev. Wm. Montgomery and Rev. Jacob Rickow, and thus Ava.-^ formed the nucleus of the. Presbyterian organization in Mississippi. Territory and State. 343 evidently making arrangements to throAv out their pickets. Concealed by the darkness, Ave quietly passed betAveen them and the main army, and surrounded them. They seemed to be astounded, and surrendered Avithout firing a gun — some sixty men. Eesuming our march Ave halted Avithin four hundred yards of the long line of camp fires, indicating their position, and Ave could both hear and see their different detachments defiling from the SAvamjj into the open field. About ten that night Jackson marched doAvn from the city. The ar tillery formed on the levee. The Tennesseeans passed by us, and took position between us and the enemy. Two American schooners dropped down the river and anchored near by, so as to throAV a flank fire on the British line. AU these movements, on our part, Avere made in profound silence, and under cover of the darkness, and the enemy could haA-e no distinct conception of our presence or our numbers. A sky-rocket rose from our lines, and hissed through the air, and at the same moment a blaze of fire from our artillery, our rifles and our schooners. The atmosphere seemed to be on fire, ond the very earth trembled. The surprise Avas complete. They ceuld not discern us or estiuiate our force, but these brave men, fresh from their terrible conflicts with j apoleon's A-ete- rans, coolly extinguished their fires, and issued orders througl. their trumpets to form for action. Even amidst the roar of battle A\'e could hear the thud of the balls mowing doAvn their files, the cries of the Avounded, and the cool and clear orders given by their officers. ' Steady men, steady ! ' ' Eemember you are Britons !' Avas sounded from rank to rank. The fire on both sides was rapid .md continuous. In tbe heat of the engagement a, company of our regulars changed their position, to make room for a battery. In making this moA'e- ment they encountered a company of Tennessee riflemen, and it being too dark for recognition, and each company out of position, they opened fire upon each other at short distance, and soon closed in a general hand to band fight. The brave Col. Lauderdale, recognizing from tbe familiar yell on both sides, the fatal mistake, rushed in between them and commenced knocking down their guns with his sword, but lost his life iu the fray — the saddest incident of this night attack ! " Finally the British, after having suffered severeh-, fell back, and Ave con tented ourselA'Cs Avith the occupation of the ground. Our command was posted as sentinels, from the levee to the sAvamp, in front of and near to the British line. When day-light appeared their dead and Avounded covered the field." Night engageraents are hazardous, but this one, unquestionably, saved New Orleans. Had the enemy concentrated his troops and ad vanced before this attack. Jackson Avould have been compelled to abandon and burn the city. One-third of his forces had not arrived, and he had no defences. But the audacity of this attack, and its suc cess, produced a great moral effect. It persuaded the British- that Jackson had his whole army on hand, and kncAv hoAv to handle it against their veterans ; and it inspired our men with new confidence in their General, and shook the prevaUing impression of the invinci- bihty of British regulars, fresh from their Peninsular triumphs over the marshals of Napoleon. It gave time for re-inforcements to arrive, and for earth-AVorks to be constructed. More than aU, it paralyzed the English for many precious and critical days ; made them timid and doubtful about moving untU they had received and marshaled their entire array, and when they did come, on the Sth of January, Ave Avere ready for them. On the morning of the 24th of December, Jackson had all his in fantry throwing up earth-Avorks. A^olunteers came flocking in by la>id and Avater, singly, in squads and by companies. " Our first breast-work." savs Mr. Trimble. " was some three miles above the British line, a ditch about six feet Avide, and a bank of earth about four feet high, extending from the levee to the AVoods, some six hundred yards. At the extremity, next the levee, a bastion Avas constructed. A lot of cotton bales piled on the .shore there, was used in making the bastion. Half a mile up was 344 Mississippi, as a Province, a second ditch aud breast-Avork, and still another in the rear, our General evi dently intending to fight, if necessary, from one to the other. " Our dragoons Avere Ivcpt constantly in observation, in front of the enemy, and Ave had frequent skirmishes Avilh pickets and reconnoitering parties. We made no fires. Just after dark every night the British Avould kindle their fires, and then our riflemen Avould pick them off. Many of their sentinels Avere killed. Gen. Packenham sent a flag to complain of this shooting of sentinels as barbarous Avarfare, and that in the Avars of Europe the pickets of opposing armies drank Avater out of the same stream. Jackson said this Avas a Avar of invasion, and he ordered his men to capture and kill every man within the range of their guns. On Chri.stmas day my mess-mate, the late Lieut. C. Harris, and I, were eating our ration ; Col. Hinds rode up and pointing to some seventy or eighty horses grazing between us and the enemy's lines, or dered us to drive them in. He interpreted our look to mean that we thought it a dangerous duty, and he cried out: "Dash on, boys! If you are killed I will recover your bodies, if it takes everj' man in the army to do it." They Avere Tennessee horses, that had got loose in the night, Avith their bridles and saddles on, had strayed round the army and Avere now nearer the British than to us. 'Ws started and part of the Avay were concealed by a strip of sugar cane, but on passing out of it found ourselves in full view of the British army. It Avas very ticklish, and Ave looked back at the thicket of sugar cane, but there, Avhere Ave had left him, sat our stern old Colonel, Avith his eye upon us, looking like an equestrian statue of iron. We dashed around the horses just as the whole line of musketry opened upon us. This fire wounded several of the horses and startled the others, and shouting and yelling, Avith the balls whis tling around us, Ave drove them Avithin our lines. " On tlie 30th of December the famous adventure of the ditch occurred. Col. Hinds reported at headquarters that his pickets had detected a strong party of the British creeping up a Avide and deep ditch traver.sing the field before us. Some doubt being expressed, he obtained permission to make an immediate reconnoissance. He formed the battalion, and said : "Boys, you see that big ditch/ It's full of red-coats. I'm going over it. Whoever wishes may follme me. Whoever chooses to stay here may stay !" And off he went at full speed, and ever}' man close behind bim. Tliey leaped the ditch, which was croAvded Avith soldiers, made a circuit in front of the British lines, and charged OA'er^ the ditch a second time, each dragoon firing his pistol on the astounded soldiers, as they bounded oA-er. The Avhole affair was phenomenal and almost super natural, and apparently stupefied the crouching red-coats. But they recovered in time to give us a general A'oUey, which wounded several of the troops, and tumbled over a number of horses. L. C. Harris and Charles II. .lonrdan, each got a bullet in the right shoulder. Gen. Jackson, in general orders, referring to Hinds aud his com mand, in this affair, said : " They were the pride of one army, and tiie admiration of tiie other." "On the night of the 7tn,'' says Mr. Trimble, " Ave Avere driven from our position in front, and compelled to fall back by an overwhelming force. There was a scattering fire during the night, and the note of preparation in the British camp could be distinctly heard. Our troops Avere in arms, and in their proper places, at break of day. Our cannon bristled on the breast-work from the levee to the Avoods, and behind this Avas our long line of riflemen. I hie hundred and fifty yards in tbe rear sat our grim old colonel on his charger, Avith the Avhole of the cavalry, 'We were placed there to cover our army, in the event of its being compelled to fall back to tbe second position. As it turned out, Ave Avere merely silent spectators of the dreadful battle that ensued. 'I About sunrise tlie whole British army Avas in motion. They adA'anced in solid columns, at a slo^v, measured step, tbroAving a shoAver of congreve rockets, and Avith n continuous artillery. Our batteries and the destructive fire from the schooner Louisiana, made terrible gaps in their front and flank, but these Avere immediately filled up. And on they came as steady as though on dress parade, until they got Avithin range of our rifles, and tlien the havoc Avas dreadful. Three tiraes they recoiled and AA'ere rallied again by their heroic ofiicers, who led tbem up to our intrenchments. Tliree of' these brave Territory and State. 345 leaders were shot on our breastwork, Avhile Avaving their sAVords and shouting to their men to follow. By this time the commander-in-chief and the two senior British generals had fallen ; scores of officers and hundreds of men lay dead or dying on the field. The British had displayed their hereditary valor, illustrated on a thousand battle-fields, and not in one more conspicuously than in this, but they noAV sought the cover of a canal, and the mighty conflict w.as over ! " In this great battie Avhich has been described here, in the Avords of a venerable citizen, then a private in Hinds' dragoons, it Avill be seen that our Mississippians took a distinguished part. Another Missis- sippian, the late Col. Chotard. is thus referred to by Gen. Jackson, in his report of the battie of 23d December: "Cols. Butler and Piatt, and Maj. Chotard, by their intrepidity, saved the artUlery." In the battie of the Sth of January, Maj. Chotard Avas on the staff of Gen. Jackson, and Avas Avounded by a shell near the Villere mansion. He was a most accomplished and gaUant officer. There Avas present, too, the veteran Mississippi partisan, Capt. Sam Dale, Avho took part in the combat with his unerring rifle. He had traveled night and day frora the Creek Agency, in Georgia, Avith a dispatch from the Secretary of "War for Gen. Jackson. Crossing Lake Ponchartrain frora Madisonville, he landed at Fort St. John, at day-hght on the Sth. Quartermaster-General Piatt mounted him im mediately, in charge of an orderly, to guide him to headquarters on Royal street. There he learned that the general Avas beloAV, Avith the army, confronting the British. But he shall tell the story in his OA\'n Avords : " Galloping through the city, and down the river side, I heard the roar of artillery. The battle was in full blast. I gave my horse to the orderly, and rushed to the intrenchments. It Avas a magniflcent vision. Our men stood silent and resolute, with their guns cocked. The enemy Avere advancing in deep columns, Avith loud cheers. Their martial approach to our lines, in the open field — the fearful recoil, as Avhole detachments Avere swept aAvay by our batteries and the terrible flank fire from an American schooner in the river — and the heroism of their generals, who rushed to the front, and led their men into the jaws of death and died there with them — was a spectacle so sublime that, for a moment, it silenced the clamor of the conflict, and inspired every one with awe and admiration. There was a^mutual pause ; for several minutes an awful stillness prevailed ; not a gun was discharged ; not a shout was heard. The British slowly reformed for the third time, and advanced to the assault. And then there burst forth along our whole line, a blaze of fire, a crash of small arms, a deafening roar of cannon, and when the dim smoke rolled away, the field was covered with the fallen, and the British columns, shattered and broken, were in retreat — not flying ingloriously, but staggering back, like men reeling under unexpected and overpowering bloAvs."''* A gallant company of Natchez riflemen, led by Capt. James C. WUkins, by the most strenuous efforts, reached the city on the Sth, at an early hour in the morning. They Avere hurrying to the battie-field, Avhen they perceived the American forces on the opposite bank of the river, in great confusion, retreating before a British regiment. Hav ing received no orders, it occurred to Capt. Wilkins that the best service he could render Avould be to cross over and re-inforce our defeated party. A couple of plantation ferry boats enabled hira to cross, and he iraraediately took a strong position behind a ditch, and sent Lieut. Bingaman to report to Gen. Morgan. A number of fugi tives here joined him. While calmly Avaiting, determined there to * Claiborne's Life of Dale. 346 Mississippi, as a Province. check the enemy or die. Col. Thornton, Avho had been driving our disorganized forces before him, suddenly fell back. He had just been apprized of the disasters on the other side, and ordered to re-cross the river. Gen. Jackson highly appreciated this military instinct and gaUantry of Capt. Wilkins, and it laid the basis of a life-long friend ship between them. The Hon. George Poindexter, then U. S. Judge for the district of Mississippi, Avas in the battie of Ncav Orleans, as a volunteer aid of Gen. Carroll. And an incident that occurred Avas made a scandal and the foundation of many bitter attacks on him. This Avill be re ferred to and explained in a subsequent chapter. CHAPTEE XXIX. N i8ii,*and iintU 1S17, Mr. Poindexter, and his suc cessors, Avere actively appealing to Congress for a division of the Territory. It Avas shoAvn that there had existed in the Mississippi Territory, a temporary govern ment founded or. the ordinance for the government of territory northAvest of the river Ohio, since the nth 'AprU, 1798. That although this ordinance had under- ^ gone some modifications, extending in a limited degree, the C> rights and privUeges of the citizen, it still contained provisions incorapatible Avith political liberty, and unfavorable to a due ad ministration of justice. The chief magistrate Avas charged Avith the execution of the laAvs; Avas commander-in-chief of the railitia ; had the sole poAver of appointment to offices, civU and miUtary, Avithin the territory, and the removal of these officers at pleasure ; Avas vested Avith an unqualified veto on all bUls passed by the legislature, and Avith arbitrary authority to prorogue and dissolve that body Avhenever, in his opinion, it should be expedient. These imperial prerogatives, ap pertaining more to an absolute monarchy, than to a free State, were confided to the discretion of a magistrate, Avho Avas neither chosen by, nor responsible to the people. He Avas generally a total stranger to "*This was the year of the alarming series of earthquakes that shook the Avhole western country and destroyed New Madrid. The folloAving graphic account was Avritten by Capt. John Davis, Natchez, January 5th, 1812, to a friend in "Virginia : ''We arrived at night on the 15th of December, at the 25th island, and on the 16th, at ten minutes past 2 o'clock a. ra, Ave Avere surprised by the greatest emotion that can possibly be supposed of the boat, Avhich I could corapare to nothing more picturesque than that of a team of horses running aAvay with a Avagonover the most rocky road in our part of the country. There were forty boats in the com]iany, and each thought his boat adrift and running over the sawyers; but a man on board a boat lashed to us hinted it to be an eartlic[uake. An old naAdgator of the river just above hailed us, and said it was occasioned by the banks faUing in. We Avere under a bluff bank, which immediately cast off, and fell in about a quarter of a mile, Avhicli drcAV us into the current on the right side of the island, Avhich Avas much the shallowest, where Ave staid till day ; Ijut in the intermediate time Ave experienced about fifty partial shoeks, Avhich shook our boats with great agitation. At 7-12 we heard a tremendous distant noise, and m a few seconds the boats, island and mainland became perfectly convulsed, the trees twisted and lashed together, the earth in all quarters Avas sinking, and the Avater issued from the center of the twenty-fifth isle, just on our left, and came rushing down its side in torrents, and on our right there fell at once thirty or forty acres of land — some say 300 acres — but as I was till then perfectly collected, and, although then much alarmed, was less so than any person in the corapany. The shocks at this this time becarae frequent at about every fifteen rainutes; the 348 Mississippi, as a Province, the people, and the local interests of the country, over which he pos sessed such unlimited control, and was accountable for mal-conduct or corruption in office only to the President of the United States. The only security Avhich existed against the abuse of these poAvers, was in the mild and conciliatory disposition uniformly manifested by the general government tOAvards its territories. But experience has shoAvn that in aU colonial governments, officers situated at a remote distance frora the tribunal to which they are responsible, frequently "feel poAver and forget right," and by eluding investigation, are enabled to practice acts of oppression Avith irapunity. Executive powers, like these, are obnoxious- to those principles Avhich form the basis of the federal constitution, and Avdiich are trans fused through the constitutions of the several States. The people had no voice in the choice of those Avho administered the laAvs; and public functionaries Avere, to a great extent, independent of public opinion. Both justice and sound policy recommended the advance of the Territory to the grade of a separate commonAvealth, Avhenever it contained the nuraber of inhabitants necessary to entitle it, under the ratio established by laAv, to a representative in the Congress of the United States. With regard to population there Avas no difficulty, Avhether the Territory should be taken in connection Avith West Florida, or Avith its existing limits. From the official returns of the census, made in iSio, it appeared that there Avere in the Mississippi Territory forty thousand, three hundred and fifty-tAvo souls. This enumeration really fell considerably short of the actual population of the Territory at that time. OAving to the vast area over Avhich the settiements Avere dispersed, and the remote and isolated position of many of them, the census had been imperfectly taken. It Avas argued, that the progressive emigration from the old States, added to the length of time Avhich it Avould require to form a constitution and put the same in operation, gave assurance, that before the admission of the Territory, the number of inhabitants Avould amount to at least sixty thousand, Avhich Avould give the right, in conformity Avith articles of cession and agreement between the United States and Georgia, to be admitted into the Union on an equal footing Avith the original States. This view of the subject Avas presented Avithout reference to the augmentation of population, Avhich AvoiUd result from the annexation of West Florida, if ' it should be added to the Territory. In that event the number of souls in the Territory, exclusive of the county of Madison (Avliich Avas in the great bend of the Tennessee river), might Avater rose frora the first shock, till about S o'clock that day, seven or eight feet perpendicular, and the current ran seven or eight miles per liour, as Ave ran from Twenty-fifth Island and landed on Flower Island, a distance of thirty-five miles, in five hours and twenty-five minutes, and lost halt an hour endeavoring to make a landing at the loAver end of Nine-mile reach, which place and Ten-raUe reach Avere in perfect commotion. The logs, which had sprung up from the bottom of the river, were so thick that it appeared almost impossible for a boat to find a passage. There Avere three boats sunk, two of Avhich belonged to Mr. Jas. AtweU, and laden from Kentucky, in value about $3,000 ; the utlier, a family boat. The logs and roots Ave passed had the sand and mud on them, which, probably, for inany years lay in the bottom of the river, and Avhich gave the appearance of timbered fields frora Nine to Ten-mile reach, so that it appeared as if the order of nature had been reversed. We experienced frequent shocks of earthquakes fd- eight days, and I have heard of no place more convulsed than Avhere I Avas." Territory and State. 349 be estimated at about 80,000. And from the geographical conforma tion of the territories belonging to the United States, south of the State of Tennessee, and north of the IbervUle and the lakes, it Avas argued by Mr. Poindexter, that an alteration of the limits so as to in clude the Avhole population between the Yazoo and the IberviUe, where they unite Avith the river Mississippi, and from these points respectively east to the boundary line of the State of Georgia, Avould greatiy contribute to the convenience and prosperity of the in habitants. At a very early period after the treaty of 1763, betAveen France and Great Britain, by Avhich the latter became possessed of the Floridas, the jurisdiction of the province of West Florida Avas extended north, by a line draAvn from the mouth of the Yazoo, due east of the river Chattahoochie. The government of Spain, also, Avhen that poAver succeeded to the possession of the country by conquest, in 1 781, continued to exercise authority over it, in the same extent Avhich the British government had exercised, until by the treaty con cluded betAveen the United States and Spain, on the 27th of October, 1795, the southern boundary of the United States Avas declared to ex tend to the thirty-first degree of north latitude. The government of the United States, by the treaty of 1803 Avith France, having acquired Louisiana in the extent that France then held it, and that it had in the hands of Spain prior to the treaty of St. Ildefonso, there could be no doubt as to the claim of the United States to the country east of the Mississippi as far as the river Perdido, Avhich lies between Mobile and Pensacola. The entire tract of country formerly possessed by Great Britain, under the name of West Florida, and subsequently transferred to Spain, as forming a part of Louisiana, having fallen under the do minion of the United States, it seemed proper to re-establish its ancient limits, in conformity with the Avishes of the people whose in terests were immediately concerned. It Avas the duty of the govern ment to make such a partition of its territories, on the AA'aters of the Mississippi, as would be agreeable to the people occupying the same, Avith a due regard to the national poUcy. These objects could not be accomplished Avithout a proper division of the sea-coast, acquired by the purchase of Louisiana. It Avas obvious that to confer on the State to be formed of the territory of Orleans, the Avhole extent of the sea-board from the river Perdido to the Sabine bay, as Avas then proposed and strongly supported, Avould give it an influence over the commerce of the western country, not expedient pr politic. Although the legislative authority of the State could impose no tax or duty on articles exported from any other State, yet there are many iraportant regulations Avhich Avould materially affect the navigation of the numerous rivers, flowing through this country into the Gulf of Mexico, falling within the legitimate range of State powers. Among these may be enumerated the incorporation of navigation companies, and appropriations of the pubhc revenue for the purpose of opening canals. Thus, by affording every facility to the trade passing doAvn the river Mississippi to Ncav Orleans, and by interposing vexatious obstructions to the commerce of those rivers emptying into the bay of Mobile and the lakes, that city Avould become a great emporium, _ to the detriment of those Avho inhabited the vast fertile and extensive 350 Mississippi, as a Province, region Avatered by the Tennessee, the Tombigbee, and Alabama, besides other iraportant streams, affording outiets through the Missis sippi Territory into lakes ^Maurepas and Pontchartrain. To guard against such contingencies, and to unite a people whose language, manners, principles and usages are assimilated, it Avas proposed that all that tract of country Avhicli Gov. Claiborne had taken possession of under the President's proclamation of the 27th of October, 1810, be added to the State to be formed of the Mississippi Territory, Avhenever the same should be admitted into the Union. WhUe Mr. Poindexter Avas thus struggling to acquire for Mississippi the Avhole country lying between the 31'^ of latitude and the lakes beloAV, and Avhich the people of that district earnestly desired. Gov. Claiborne of the Orleans Territory (Avho had already divided it and the present sea-coast of INIississippi into parishes), Avas urging its per manent incorporation Avith his Territory. The Tombigbee politicians, led by Col. Joseph Carson and Col. Jaraes Caller, both influential raerabers of the Legislature, Avho had heretofore deprecated continued union Avith the western counties and insisted on a division, now suddenly changed their ground ; opposed any division and accused Mr. Poindexter of covertly opening the Avay for it by his proposition to annex the West Florida parishes! The foUoAving letter from Cowles Meade Avill exfilain the attitude of parties : Tov.'x OF Washington, .Ian. 3, 1812. Hon. George Poinde.der, Delegate in Congress : Since I last Avrote a change has occurred here in the condition of affairs that you should be apprised of. A formidable opposition has developed itself against you. The Avhole delegation east of Pearl river has declared against you, Avitli Franklin and Amite and Warren, part of Claiborne, Adams, Jeffer son and Wilkinson. This formidable combination was instigated by Carson, Caller and Kennedy. The former was an open aspirant for your position, and Avas favorably considered by many Eepublicans. Many, including a number of your former supporters, appealed to me to be a candidate, to prevent a schism in our ranks, and the friends of Carson agreed to withdraw him in my favor. Upon this ground I consented, provided it met your approbation, de claring that you and I would never come in collision. While this matter Avas in abeyance, the President transmitted to me a commission as colonel of a regiment of A'olunteers, to be raised in this Territory and in Louisiana, and Carson received at the same time a, commission as Major, Avhich Ave have both accepted iu the expectancy of Avar. I seized the opportuuity to try and bring about a reconciliation between you and your opponents, and urged them to support you and avoid the oviis of dividing the party. To this Caller and Kennedy have assented. Carson is noAV my guest, and I ivill press the subject on him. His present ground of opposition is that he believes you are, covertly, in favor of dividing the Territory. Satisfy him and others on this point, and some of your most violent opponents Avill succumb.'" ^ Mr. Poindexter favored the annexation of West Florida, and then a division of the Territory by an east and Avest line, admitting the lower section immediately as a State, and establishing the upper for the time being as a Territory. ¦•» This Avas a radical change. Carson had been one of the earliest agitators for a division. It can be explained, perhaps, by his having lately by marriage aUied himself to a poAverful family in the west, then predominant iii Adams, Jefferson and Claiborne. CoAvles Mead and himself had both married daughters ot Abner Green of Adams county. Territory and State. 351 The foUoAving letter from a representative man, one of the most active and useful men of his day, sheds more light on this subject :'¦'¦• Tuscaloosa, December 23d, 1812. Hon. George Poindexter: My Dear Sir ; A rumor which has just reached us would seem to render a visit here, on your way from Washington, expedient. The story is that it is in contemplation at our seat of government, among certain of our sapient legis lators, to hold a caucus to nominate another for the seat you occupy. It Avas expected to be a strong demon.stration, and some, whom I used to knoiv as your friends, are mentioned as dramatis persona:. It is whispered that Col. James Carson, of Tombeckbee, is to be nominee. I knoAV not what offence you have given, nor do I know anything of Colonel Carson, and his pretensions. But, I am morally certain that if you will show yourself here again, you Avill receive, at the least, tAvo-thirds of the votes of this county. And I incline to think the authors of this scheme Avill be made to feel the recoil. I notice your bill for tbe admission of the whole of this Territor}', Avith a part of West Florida, has passed to u third reading in the House. It may therefore be too late to say anything concerning it. It may already have become a Iuav. But I have some hope that it may be arrested by the Senate, Avith the vieAv of making tAvo States of our vast domain, giving to your section the right of admission noAV, and establishing our part as a new Territory. Not having seen the bill, I knoAv not Avhether it provides for total and unqualified admission as one State, or Avhether it admits the Avliole noAv Avith the condition of subsequent partition ; and if the last, Avhether the line is to be east from the ilississippi or north from tbe bay of Mobile. If it provides for entire and unqualified admission, I shall oppose it to the bitter end. It Avill be too large for self-government, and is too much beyond the dimensions of any other State in the Union. And I love the Union too well to endanger il, even to render my own State poverful ond, pre-eminent. I Avish therefore to see it divided, because I Avould cut up by the roots all local jealousies — all collision between up-country and low-country interests. For this reason I Avould run the line from east to west. It may be that you have provided for a future division by such a line, and next to an inunediate division in that Avay, such a provision Avould meet mv vieAvs. And I have to ask of you — for I am persuaded th.at at bottom we think alike— if the bill should be returned to your House — that you exert yourself to oljtain the one or the other. The first I prefer, because Ave should then be immediately to ourselves, and may manage our affairs in our ov,"n Avay. By the other Ave should be subject to the evils we have endured for several years. ]5y a north and south line these evils Avould be prolonged indefinitely. Our Avliite population here is nearly about the same as that of this Territory when it Avas admitted to the second grade ot government, and I suppose that privilege Avould be extended to us at once. Your.s sincerely, J- W. Walker. Plad the project for attaching West Florida to Mississippi Territory prevailed, the east and Avest line Avould, most probably, have been adopted. But Governor Claiborne succeeded in securing that fine district (noAv known as the Florida parishes) for Louisiana, conceding only to Mississippi the two sea-coast parishes, noAv known as the counties of Hancock, Harrison and Jackson. Wm. Lattimore succeeded Poindexter in i8i3,and in 1817 the Mississippi Territory Avas divided, the Avestern portion admitted as a State, and the eastern organized as Alabama Terrritory. The line was drawn north and South, as it stands at' present, and Avas recoraraended by Mr. Lattimore— a line adopted with regard to the population then existing in the Territory, Avhich secured the immediate admission of *This gentleman left four sons, Percy, Kichard W., John J., and LeRoy Pope WaU^r, all of whom became eminent at the bar and m the councils of f-J^^^^' and the latter Avas the first Secretary ot War after the organization ot the Con federate government. 352 Mississippi, as a Province, the Avestern portion and opened the door for the eastern to come in two years thereafter. The bUl authorizing the Avestern portion of the Territory to form a State Government passed January 21st, 181 7, and a convention to form a constitution assembled in the town of Washington, Adams county, on the first Monday in July of the same year, in the old Methodist meeting-house, Avhich had been built, mainly, by the efforts of Lorenzo Doav, the famous itinerant preacher.* His ExceUency David Plolmes Avas elected President, and Louis Winston, Secretary. For personal respectability, moral worth and in teUigence this convention Avas not inferior to any that ever assembled in any country, and Avas a fair representation of the people who had been so much traduced by Governor Sargeant. Of Governor Holmes mention has been made, and this seems to be the appropriate place for sorae notice of a few of the most prominent merabers. Josiah Simpson, a native of Pennsylvania, educated at Princeton, studied law, married Miss StCAvart near Fredericksburg, Va., and in 1812 Avasappointed by the President one of the Judges of the Mississippi Territory, to succeed Judge Fitz. He resided at a place then called Green HUl, in the vicinity of Natchez, hoav knoAvn as Devereux HaU. Nature had given him a vigorous intellect, and being a close student, and very methodical in his habits, with great purity of character and simplicity of manners, he Avas fully equal to the high station to Avhich he had been called. The bar before Avhich he dispensed justice Avas extremely able — the people Vv^ere intelligent, cultivated and Avealthy — they had lived under three governments, and the due administration of the laAvs required a very extensive range of study and of inquiry. Judge Simpson soon impressed himself on the bar and the community as a man of great ability, learning and rectitude, and no man was more beloved. In this Convention — a position he Avould h.ave avoided, but was literally forced into it by a universal call — he took a very prominent part, and his conservative character is impressed on the raost iraportant features of our first constitution. He died soon after the Convention dissolved, j" ¦-^¦list op delegates. Adams County — David Holmes, Josiah Simpson, Jaraes C. Wilkins, John Taylor, Joseph Sessions, John Steele, Christopher Eankin, Edward Turner. Jeff'erson County — CoAA'les iUead, H. I. Balch, Joseph E. Davis, Geo. W. King, Cato West, Dr. John ShaAV. Jtiirion County— John Ford, Doug;il McLaughlin. Hancock County — Noel Jourdan, Araos Burnet. Wayne County — James Patton, Clinch Gray. Green County — Laughlin MeKay, John MeUae. ¦Tackson County— John McLeod,' thos. Billbo. Ijnrrenee i'nnnty — llarnion Runnels. Claibor)ie < 'unntii—\fi\\tvr Leake, Thomas Barnes, David Bennett, Joshua G. (.Tark. Warren fV/HH^y— Henry D. DoAvns, iVndreAV Glass. FrankUn, Cnnnly — .Jaraes Knox. 117tt"/«,TOn, C'oj(7((//—(;eo. Poindexter, Daniel Williams, Abram M. Scott, John Joor, Gerard C. Brandon, Joseph Jolmson. Amite County— llenrj Hanna, Thos. Batchelor, John Burton, Thomas Torrence, .Angus Wilkinson, Wm. Lattimore. Pike Comity— Da.\id Dickson, Wm. I. Jlintim, James G. McNabb. Louis Winston, Secretary. t He left an only daughter, who became the Avife of the Hon. Thos. L. Dobyns, a native of Mason county, Ky., who resided at Kodnev, Miss., a leading lawyer and prominent politician, and died there in l.s.Ol. Territory and State. 353 James C. Wilkins Avas a native of Pittsburg, Pa., of a very promi nent and patriotic family. He came to Natchez at an early age, where some of his relatives had preceded him, and during his Avhole life Avas largely engaged in commercial affairs. His marriage first in the Bingaman, and afterAvard in the Minor family, secured for him great influence, and resources, and he had a raind capable of brilliant conceptions and the utmost energy of action. In connection first with Wm. Kenner, and afterAvard Avith John Linton — both 'Virginians and eminent merchants — he controlled for a long time the commerce of Mississippi, and nearly all the cotton it produced. He Avas very prompt — rapid in his decisions — brusque and incisive in manner — somcAvhat imperative — impatient of opposition — but Avith a heart as tender and a sensibility as delicate as a Avoman's. Of all men whom I have knoAvn he Avas the most impulsive, generous and forgiving. He Avas the counsellor of the old, and the guardian and patron of the young. The AvidoAv, in her distress— the debtor, Avhen pressed by embarassments — the enterprising, when they saAv an opportunity that only needed a little aid to make them independent — the orphan, left desolate and destitute — all found in hira an unfailing resource. For aU these — for hundreds all over the State, he incurred liabUities Avith a free heart and a lavish hand. No raan noAv living knoAvs the Avide sweep of his charities, and the many fortunes he built up for others, by giving thera the use of his raeans and his credit. He Avas im patient of thanks, and Avould not listen to them. In 1815 he raised a company of volunteer riflemen, and took part in the defence of New Orleans. He had all the qualities to make a great soldier, had he dedicated his life to military pursuits. In his latter years, owing to great comraercial revulsions — chiefly, however, by failures of others Avhora he had endeavored to sustain — this eminent man saw the Avreck of his splendid fortune. But the unsullied honor that distinguished his whole Ufe never lost its lustre. He died just in time to escape the great changes and calamities that fell upon a people Avhom he loved so well. John Taylor was from West Chester, Pa., the son of a deputy sheriff Avho OAvned a small farm near the viUage. The boy Avorked in the summer and went to school in the Avinter. He Avas frequentiy in attendance on his father in the sheriff's office and court-house, and seeing the respect and attention paid to the judges and the bar, it in spired him Avith a resolution to become a laAvyer. With a very limited education, which Avas apparent in after life in conversation and even in his most impressive speeches, he entered a laAvyer's office in his eighteenth year, and at court assisted his father, and there^ ob tained a practical knowledge of proceedings In 1804 he obtained his license, and immediately moved to St. Louis, then the capital of upper Louisiana, and put up his shingle. In 1805 he Avent to Ncav Orleans, but finding the bar crowded with adventurers, he returned up the river to Natchez- The May term of Superior Court -was then in session. There was a criminal case then pending, Avhich from the character of the parties, excited peculiar interest. Young Taylor volunteered for the accused and displayed remarkable acuteness and dexterity in the examination of witnesses. His speech to the jury was rough but forcible. It betrayed his ignorance of grammar, but Avon- derful mental power. Evolving from the compUcated and contra- 23 354 Mississippi, as a Province, dictory testimony a single strong point, drove it in to the heart of the case, and contrary to all previous opinions, obtained a verdict of ac quittal. He Avas immediately retained in a dozen cases, and in a fcAV Aveeks had an extensive practice. Mr. Taylor Avas seldom seen except in his office or the court-house. He had no poUtical aspira tions, but Avas often elected to the Legislature, and in 1817 was sent to the Convention, where he took a leading part. In 1818, three judicial districts having been established, he was unanimously elected by the Legislature Judge for the second district, AA'hich included the city of Natchez. The three District Judges constituted the Supreme Court of Mississippi, and John Taylor Avas our first Chief Justice. In this tribunal, as Avell as on the circuit, he commanded universal con fidence and respect. He lived simply, in bachelor apartments, his favorite companions the great expounders of the common law. He had no ambition for office or for Avealth. His practice, and afterwards his salary yielded a sum far beyond his Avants, and he usually loaned the surplus to personal friends, always witiiout intei-est. He died in Natchez, in the meridian of life, in 1823. ChristojDher Rankin, Avho becarae distinguished as a laAvyer and politician, Avas born in Pennsylvania, and educated at Cannonsburg. Receiving his diploma, he Avent to Georgia, and obtained a viUage school, and Avhile thus engaged studied laAv, and in due time AA'as licensed. Many Georgians had emigrated to Mississippi — it having once constituted the county of Bourbon of that State — and they in duced him to remove. He took up his residence in Liberty, Amite county, in 1S09. He Avas Avell read, studious, very careful in the preparation of his cases, strictly moral and temperate, mild and per suasive in his manners, and rapidly acquired practice, reputation and popularity. In 18 16 he removed to Natchez, and became the partner of Charles B. Green, then an eminent laAvyer, Avho soon after retired and turned his lucrative practice over to Mr. Rankin. In 181 7 he Avas elected to the Convention, and Avas one of its leading members. He came out of that body Avith so much reputation that Avhen the first Legislature met, his friends placed him in nomination for the Senate of the United States. The contest, hoAvever, ended in the election of Walter Leake, Avho had been one of the Territorial Judges, and Thomas H. Williams, who had been Register of the Land Office, Land Commissioner, Secretary of the Territory, private secretary of Governor Claiborne, and Collector of the Customs, Ncav Orleans. In 1820, he Avas announced as a candidate for Congress against the Hon. George Poindexter. Mr. Poindexter considered himself invinci ble, and underrated the strength of his adversary, Avho traversed every nook and corner of the State, Avhile his competitor paid littie attention to the canvas. Mr. Rankin Avas returned, and his first speech in the House of Representati\'es gave hira reputation. He Avas re-elected twice thereafter, and died in Washington, Avhile a member of the House. He Avas a prudent, practical, sensible and industrious man, of unexceptionable character. EdAvard Turner Avas a native of Fairfax coupty, Va., Avent early to Kentucky, and thence came to Mississippi in iS'oi. He married the daughter of the Hon. Cato ^^'est, of Jefferson county, a gentieman of great influence, at the head of a poAverful family connection then per vading the Terrritory. Mr. Turner became Clerk to the Legislature, Territory and State. 355 Register in the Land Office, Circuit Judge, delegate to the Conven tion, Judge of the Criminal Court of Natchez, Representative, Chan ceUor, Judge of the Supreme Court, maintaining in all of them the reputation of an industrious, conscientious and upright officer. He Avas an entertaining companion, of elegant manners, extremely hospi table, and greatiy beloved. He died at his residence in Franklin county, before the "late unpleasantness." Joseph Sessions, a nati\"e of Sampson county. North Carolina, came to Mississippi Territory in iSoi, as a surveyor, then a very valuable vocation Avhere there Avere so raany conflicting land claims. He mar ried the daughter of Joshua HoAvard, Avho had settied here, on Sandy Creek, in the county of Adams, Avhen it Avas the British province of West Florida, Being a man of fine sense and coraraanding presence, and a good talker, the young surveyor rapidly became popular and Avealthy, Avas repeatedly elected to the Territorial Assembly, then to the Convention, and afterAvards as -Representative and Senator from the county of Adams. John Steele had been in office in the Continental army ; Avas Secre tary of the Territory in the time of Governor Sargeant. Was ahvays greatly esteemed, and frequently a member of the Legislature. He died at Natchez, about 1816, unmarried, and far advanced in years. CoAvles Mead has been already mentioned. H. I. Balch Avas a laAvyer from North Carolina, to Tennessee, thence to this Territory. Some of his faraUy figured in the State of Franklin, and afterAvards in Nashville. Joseph E. Davis, a native of Kentucky, came in very early life as a lawyer and settled near the noAV extinct toAvn of Greenville, Jeff'erson county. He Avas the elder brother and guardian of Jefferson Davis, a name not born to die. He Avas a Avell-trained laAvyer, a thorough man of business, a close, logical speaker, Avho raade every Avord tell, raild in manner, but of cool and tried courage. He Avas often in official position, but more frequently declined it. He resided for many years on his extensive plantations on the Mississippi beloAV Vicksburg, and as long as he lived impressed his opinions on the country. He died in Vicksburg, soon after the close of the civil Avar. John Ford Avas a South Carolinian, Avho early settied on Pearl river — a farmer and a man of fine sense and unimpeachable integrity — of patriarchal influence — Avho has left numerous descendants Avho inherit his characteristics. His colleague, McLaughlin, Avas from the settiement of Scotch Highlanders in North CaroUna, Avho contributed so large and valuable an element to our early population — remarkable then and to this day for their industry, thrift and temperance and their clanship. They may be traced in one continuous chain from Union Church, Jefferson county, through Claiborne, Franklin, Copiah, Simpson, Lawrence, Covington, Marion, Greene and Perry, into Alabama — the same people representing the old historic clans of Scotland, strict Presby terians, and in every neighborhood a school-house and a church. McLaughlin settied on Pearl river and accumulated a princely estate.* Noel Jourdan Avas the son of a raan Avho came out as sergeant of a French regiment Avith Count Rochambeau. He served until the sur- ¦*¦ Governor Humphries AA'as one of his sons-in-laAv. 3S6 Mississippi, as a Province, render of Cornwallis, and Avas finally discharged, on account of his ill-health, in the West Indies, and made his Avay to Ncav Orleans. He established a bakerv, and soon became a man of Avealth. He obtained from the Spanish authorities a concession on the Catahoula, noAv known as Jourdan river, in the present county of Hancock, and Avent extensively into the breeding of cattle and the manufacture of tiles. His only son he educated in France. On his return he became Judge of the county, its rejDresentative in the Convention and in the Legislature, and Avas the most influential man, especially with the Creek population, in that quarter of the State. He subsequentiy re moved to and became a large sugar planter in St. Jaraes, La., where he died. Amos Burnet lived on Pearl river, at a place still knoAvn as Burnet's old field or bluffs, in the present county of Hancock. A man of limited education but strong mind and very much confided in. He Avas a brother of Col. Daniel Burnet, of Grindstone Ford, Claiborne county. Gen. James Patton Avas one of the leading raen of his day, of great personal popularity, and for raany years Avas the most conspicuous man in East Mississippi. Pie resided in Winchester, then a beautiful village, Avhich he made a centre of political influence, second only to Natchez. Judge PoAvhatan EUis and Judge John Black, Avho both became U. S. Senators, commenced public life there under his auspices, as did several other prominent raen. He Avas a man of courtly manners, a fine Avriter and impressive speaker; Avas elected Lieutenant-Governor and Avould have attained the highest honors of the State but for his premature death. His colleague. Clinch Gray, AA-as a laAvyer of Virginia famUy, Avho came from Tennessee to Mississippi, a very estimable and popular man. Greene county, in Laughlin ]\IcKay and John McRae, sent two worthy representatives of the Scotch clans, and so did Jackson in the person of " Long John " McLeod, who afterAvards, for many years, Avas Senator from that district, and Avho AA^as, at one and the same time, a cannie Scotchman and a true American. Thomas Bilbo, his colleague, AA'as a surveyor from Georgia — a man of inteUigence — Avho subsequentiy removed to Avhat is noAv Calcasieu parish, Louisiana. Harman Runnels — the founder of the Avell knOAvn Runnels family- had been a hard fighting captain in Georgia, in the Continental army — had many a fight Avith the British Tories and Indians — Avas a Hard shell Baptist — a devoted foUoAver of Gen. Elisha Clark — was de cidedly pugilistic in his temperament, and Avould fire up and fight, anybody and at any time, for a slur on his religion, his politics or his friend Clark. He had strong friends and bitter enemies, but he Avhipped the latter into submission, and Avith four sons to back him, (one of Avhom became Governor) as ready to fight as himself, he ruled the Pearl river country as long as he lived, and died an octa- genarian, at Monticello, "in the order of sanctity." No truer patriot ever lived or died. Walter Leake Avas a lawyer of Albemarle county, Va., sent out here as one of the Territorial Judges ; a man of sound, soUd sense and undoubted integrity. Becarae United States Senator, and subse quentiy was elected Governor of the State. Territory and State. 357 Thomas Barnes Avas from North Carolina, representing a large family connection in Claiborne county — the Barnes, Humphries, Bridges, WUUses, Moores, Freelands, and numerous others. Joshua G. Clark Avas a laAvyer from Pennsylvania, long settled in the Territory, and Avas our first Chancellor, Avhich office he held at his death in Port Gibson, July 23d, 1828. Not a briUiant, but a solid, pains-taking, and AveU-read laAvyer. Warren county, in Henry D. Downs, sent an accomplished gentle man, of a famUy AA'hose influence long sAvayed that coun'}'. His col league, AndrcAv Glass, Avas a settler under the British rule, and Avas living at or just by the present site of Vicksburg, then known as Fort Nogales or Walnut HUls, Avhere the Spaniards evacuated it in 179S. George Poindexter avUI be the subject of a separate m ;moir. Tavo of his colleagues, Gerard C. Brandon, and Abram M. £..ott, became, in turn. Governor of the State. As young men they both laid the foundation of their popularity in the regiraent of volunteers under General Claiborne. Scott Avas from South Carolina. Brandon Avas a native of Adams county, son of a gentleman Avho came to the province when it belonged to Great Britain. They Avere both planters, men of high character and of great popularity. After a long term of service, during Avhich he Avas never defeated, the former died on his planta tion in Wilkinson county.* Governor Scott died of cholera in 1833, in Jackson, before his term of service had expired. Daniel Williams Avas a North Carolinian, Avho came from Tennessee to Mississippi, a laAvyer, Avas chiefly engaged in planting, and a man of decided talent. Died in the prime of life. 'Gen. John Joor Avas a Avealthy planter from South Carolina, of Huguenot extraction. The name Avas originally loor. A convivial, elegant gentieman, a "fire-eater" in politics, and an adept in the duel. Maj. Joseph Johnson, a Avealthy planter from Virginia, a sensible and useful man, Avhose brother Henry Johnson Avas Governor of Louisiana, Representative and Senator in Congress for many years. Wm. Lattimore, of Amite, has been often mentioned. His col leagues, Hanna, Batchelor, Burton, Torrence and Wilkinson, Avere all substantial planters, of high and pure character, and a fair illustration of our best population. Gen. David Dickson Avas a Georgian, an eminent physician, but with strong inclination for politics, and always prominent and influ ential in pubhc affairs. He Avas not an orator, but an inimitable talker, fuU of information, anecdote and humor. He filled numerous responsible positions, and in 1835 Avas elected to Congress from the State at large. There Avere tAvo tickets in the field for Congress, Governor and other State officers — one knoAvn as the Van Buren, and the other as the White ticket, both claiming to be Democratic. Gen eral Dickson, on the White ticket, and J. F. H. Claiborne, on the Van Buren ticket, Avere elected by large majorities. General Dickson was in bad health and continued to decline, and during the inter mission of Congress died at the Hot Springs, in Arkansas. f • *No family in Mississippi sent out more representatives into the Confederate army; they fought and fell on nearly every field, and no taint of defection at taches to any of tiiem. tHis colleague, Mr. Claiborne, announced his death, to the House of Eepre sentatiyes, as follows : , , . ,, . ., T "Mr. Speakep.: It is only a few vears since, Avhen a student in tins city r witnessed, from that gallery, the affecting honors paid to the remains of Christo- 358 Mississippi, as a Province, Louis AVinston, the Secretary, afterAvards one of the Circuit Judges, was of the old Virginia Winstons, of Hanover county, Avhich has pro duced many eminent men, distinguished in the annals of North Carolina, Alabama and Mississippi. The first Legislature of the ncAV State assembled in the town of Washington, in October, 1817, and continued in session until the foUoAving February, arranging the machinery for the ncAv Government. Walter Leake 'and Thomas H. Williams Avere elected Senators. At the first popular election David Holmes Avas elected Governor, and George Poindexter, Representative to Congress. February Sth, 181S, tAvo days after the adjournment, EdAvard Turner Avriting to George Poindexter, says : " We happily, but Avith some effort, accomplished your Avishes in regard to appointments. Mr. Harding was elected Attorney-General for four years. Mr. Eeed® and Mr. Burton Avere run against him. After the first ballot Mr. Eeed's friends Avent oA'er to Burton, but ive eventually elected our man. It has been made his duty to attend the General Assembly, and give his legal opinion when called on and to draft bills if required. He is likeAvise to attend the counties in the 1st and 2d judicial districts. We fixed his salary at S1,000, and i?7 for every day of bis attendance on the General Assembly. Wm. B. Shields is appointed Judge of the 1st district; John Taylor for the 2d; J. P. Hampton for the 3d, and Powhatan Ellis for tbe 4th district.! John A. pher Eankin, the distinguished Eepresentative of my natiA'c .state. Since that period she has lost two Senators, Thomas B. Reed and Eobert H. Adams, eminent for their talents and virtues. AVe are noAV called on to render the last homage to another. "Tlie time that has intervened since the death of my laraented colleague, saves me the painful jjart uf being the first to communicate it to his friends hoav present. He died, sir, as lie had lived througli a life of many vicissitudes, with characteristic firmness, Avith but one wish ungratified — a Avish so natural to us all — that, in the last, d.ark hour he might be supported by his nearest and best beloved, and the cherished ones that clustered around his hearth. Ah, sir, let death come, in what shape it may — iu the battle, in the Avreck, in prison or in the solitude of the cloister, it is appalling to human eontemplation. No man can look into the dark, unfathomable abyss of the dread future, without a shudder. But AA'hen it overtakes us in a distant land, and Ave know that our last moments of s infirmity and agony are to be witnessed by strangers, that Ave shall lie in an unwept grave, Avhere no kindred dust Avill mingle Avith ours forever, aud the last hope of home and family fades frora the filmed view — oh, sir, this is death! this is to die.' Such was the death of my venerated friend. " By strangers honored, and by strangers raonrned I " His dying Avords Avere for the broken-hearted now in orphanage and Avidowliood — his last sigli a praA-er for thera. I can pronounce no studied eulogy on the dead. For thirty years he maintained a high position in the public service, and died poorer than Avheii he entered it, letiA'ing to his children only the riches oE an honorable name. If it be praise to have liA'ed beloved, and to die without reproach, then it is due to hira. It only remains to pay the last honors to his memory — sad, because it breaks tbe only link that liinds the liA'ing to the dead; solemn, when Ave reflect how soon — liow very soon- some friend now present, may invoke the same tribute for ourselves ! " "Thomas B. Eeed, a Kentuckian, ot unusual talent and learning in liis pro fession, but never personally jiopular. He Avas of haughty exterior, and mani fested too much condescension and patronage when desiring to be familiar, lie subsequently becarae Attorney-tfeneral, and afterwards, in 'spite of-A'iolent and formidable enemies, Avas elected to the Senate of the United States, aud died Avhile holding that office, in the meridian of his powers, and Avhen he Avas just beginning to command sueeess. When Jfr. Reed first landed at Natchez his means Avere exhausted, and he had some diffieulty in getting his baggage trans ported frora tho laudiii.c;. At length a young white man, with his dray, volun teered to do it. In a luw years the young laAvyer stood at the head of the bar, and tbe kind-hearted drayman liad become' Sherift' of Adams county, a very lucrative ofiice, Avhich he held, for a series of years, until his death. t Powhatan Ellis was a "Virginian, with the blue blood of Pocahontas in his veins, .an honor claimed by all dark complexioned people from that State. He Territory and State. 359 Girault has heen appointed Auditor, and Col. P. P. Schuyler, late of the U. S. A., Treasurer, in place of the late Judge Samuel Brooks. We have passed a health and quarantine laAV for Natchez, and extended the powers of the corpo ration, and finally have converted our bank into a State bank. Tbe next General Assembly Avill meet in this city in January next." Lyman Harding, confessedly the head of the Mississippi bar for many years, Avas born and educated in Massachusetts. When barely of age he Avent to Maryland and taught a school Iavo years, during Avhich he studied laAv, and obtained a license. Placing his trunk in a Avagon for Pittsburg, he traveled on foot (as John A. Quitman did af terwards,) and thence on a flat-boat to Louisville, then a new tOAvn, in the first promise of its present opulence. Here he put up his shin gle, and paid one month's board in advance at a very humble house of entertainment. Just as his month exi^ired he Avas employed in a single case, traveled ten or tAvelve mUes on foot to argue, and named a fee of four doUars. He handed this over to his landlord for a Aveek's board, during Avhich time, he hired himself as a hand on a flat-boat bound for Natchez, and in due tirae arrived there. The first territo rial governraent had just been instaUed. Ncav emigrants, mer chants and planters Avere arriving every day. A brisk business Avas going on in lands, and much inquiry as to confiicting titles. Young Harding was sooti discovered to be a Avell read lawyer, and an ex pert draughtsman, and he stepped at once into a profitable business. He had the proverbial talent of the Ncav Englander for making raoney andknoAving hoAV to use it, and by 1805 he had over $10,000 at his command. He invested this in cotton, sent it to New Orleans, and Avent Avith it by sea to New York, Avhere he sold it at a very large advance on the original outlay. He placed the proceeds in the hands of Wm. Biggs, a citizen of Natchez, to be invested in Maryland or Virginia in negroes, then a favorite article of merchandise Avith Ncav Englanders. Biggs Avas a judicious trader, and in due tirae the ne groes reached Natchez, and Avere sold, and Mr. Harding realized a snug profit of $5,000 on the transaction. While Biggs Avas buying the negroes Mr. Harding visited Boston and there married the divorcee of a West India merchant, a lady of noble character, of great beauty and superior accompUshments. She became the idol of society in Natchez, but unfortunately she soon died. He now devoted himself exclusively to his profession, and his practice was the most lucrative in the Territory. He had no ambition for office; Avas a Federalist in his opinions, but not mingling in poli tics, and his great abilities and integrity being universally recognized, his best personal friends and clients Avere Republicans. They elected him Attorney General in 181 7. was a man of A^ery stately and courtly demeanor — of mild and polished manners — of amiable temper and extremely indolent habits. He talked but little, but had the art of making other people talk, and Avas a most patient listener. He Avas never knoAvn to look bored or to manifest indifference under the raost drowsy conversation, and Avould sit for hours Avithout ever changing his position, ap parently deeply interested. He Avas, therefore, universally voted the most charming of companions, and was in great demand on all social occasions. On the bench he was equally attentive and patient Avith the mo.st prosy speakers, and though proverbially slow, Avas universally popular. He never had an enemy. He was elected U. S. Senator, and after his terra was sent to Mexico. He died in Virginia during the late war. We never had a purer or more honorable man in •our service." 360 Mississippi, as a Province. Mr. Harding subsequently married the beautiful and accomplished daughter of Rev. Dr. Abercrombie, of Philadelphia, (afterwards the wife of D. Vertner, Esq., of Claiborne county.) In 1818 both his mental and physical powers rapidly declined. He died in 1820. The career of George Poindexter covers so much of our early politi cal history, his memoir will now be introduced. The history of his career is, in fact, the history of the Territory and the State, so closely and prominently was he connected with everything that occurred. CHAPTEE XXX HERE Avas nothing romantic, picturesque or imagi native about Poindexter. He Avas neither fanciful nor classical, but a strictiy logical, demonstrative, matter- of-fact man. Yet his story commences Avith a romance, which shall be told by his nephew, the Rev. A. W. Poindexter, in a letter from Richmond, i860 : " In reference to the Poindexter family, I send you an extract from Taylor's Lives of Virginia Baptist Ministers, remarking that the authority for the facts was a MS. found by me among the papers of my uncle, the Eev. John Poindexter : ' The ancestry of Mr. Poindexter Avere highly respectable. His grandfather was a French Protestant, Avho for the sake of his religious opinions was compelled to seek an asylum in England. He carried with him a large family, and considerable means. Soon after his settlement there, one of his sons, Thomas Poindexter, became attached to a young Avoman of respectable parentage, whom he addressed, and who recipro cated his affection. As there was great disparity in their circumstances his father peremptorily forbade the connection, and the more eifectually to prevent it, gave his son a handsome sum of money and sent him to Virginia to become a planter. Six months afterwards the woman he loved determined to follow him ; and not having the means to pay her passage, she indentured herself as a servant for four years, and thus, Avith many others who obtained transpor tation by this species of service, she arrived in Virginia. The young French man, who had noAV become a planter, repaired on board to procure one or more of these indentured passengers, AA'hen, to his astonishment and joy, he dis covered the woman he had asked to be his wife. The meeting may be im agined better than described. He purchased the indenture, and repaired forthwith to the church. From this marriage sprung the Poindexters in the United States.'" The father of George Poindexter, a Baptist rainistef, left seven sons, viz: John, Thomas, James, Gabriel, Robert, Richard, George, and several daughters. John Poindexter was a Baptist minister, and for many years clerk of the court in Louisa county, 'Virginia, Avhere he died in 1819. Thomas and James Avere respectable farmers, and lived and died in their native county. Gabriel and Robert removed in early life to Kentucky. Richard became a Baptist minister, and a prosperous planter in North Carolina. ' George was the youngest, and Avas brought up under the care of his eldest brother. Rev. John Poindexter, and in his office doubtiess ac quired a practical knoAvledge of process and pleadings, so useful to him in after life. He Avas remarkable as a boy for his acuteness, but was restiess, versatile, insubordinate and fond of a frolic. When quite 362 Mississippi, as a Province, young he professed a change of heart, was immersed, and became a member of the Baptist church. He soon left it for a singular reason. It Avas then the custom, in fashionable circles, to wear queues, and young Poindexter chose to foUoAv the fashion. Sorae of the brethren considered this a violation of Paul's pronunciamento against long hair. Young Poindexter refused to part Avith it, and the consequence was his withdrawal or excommunication from the church.* The incident illustrates the man throughout his career. He Avas a stickler in small as Avell as in great tilings, fond of squabbling, Avould never give way a hair's breadth, and was, consequently, perpetually embroiled. He Avas often sent to school, but could not or Avould not stay. The greater part of Avhat education he had, he got in his brother John's office. " I had occasion," says James Poindexter, "to go to Ken tucky, on business. I had not been there long before, to my great surprise, George presented hiraself. 'Why, Avhat does this mean?' said I. 'I can't stand Brother John,' said he; ' he is too tight and exacting, so I have corae to you.' ' Well, Avhat do you Avisli to do?' ' Study laAV,' Avas his ansAver. I got hira into the office of an attorney in full practice, and soon after returned to Virginia. I had not been there long before George made his appearance. ' Why, AA'hat brings you here?' ' Oh, I have left Kentucky for good. I Avon the confi dence of my patron, and he entrusted rae AA-ith his collections and paid me a per centage, and I got to gambling and frolicing,, and he took his papers, etc., out of my hands. That implied suspicion, and I can't stand that. So I have returned to you.' ' "What do you propose noAv?' ' I mean to be a laAvyer.' I got hira a situation in Richmond, and after reading three months he obtained license and opened an office at Milton." Milton, not now on the map of Virginia, in Albemarle county, Avas then a ncAV tOAvn that sprung uj) very ra]")idly under the auspices of the Jaraes River and Ohio Canal Company. He purchased a lot or tAvo there, and obtained a fair practice, but the fees in those days, fifteen shillings and five dollars in ordinary cases, Avere scarcely ade quate to meet the expenses of a young laAvyer, A\-ho Avas fond of cards, Avine, horse-racing and society. So he got in debt, and determined to emigrate. He did not abscond, as his enemies afterAvard reported, but he Avasted no unnecessary time in leave-taking, nor did he ride round to advertise his creditors of his intention. He left a statement of his liabilities, and his professional business in the hands of Hugh Nelson, Esq., a leading laAvyer of the circuit, (afterAvards a prominent member of Congress and Minister to Spain) and authorized his brother John to sell his property in Milton, Avhich at the then assess ment of lots Avould probably have paid all his debts. Borrowing "<¦ In 1798, the first United States troops that came down the Mississippi, Avere quartered at Fort Adams. General Wilkinson, Colonel Hamtramck, Major Butler, Captain Guion and other officers, becarae rather merry over their punch one night, and the General, by some accident, got his queue singed oft'. Next clay he issued an order forbidding any oificer appearing on parade Avith a queue. Major Butler refused to obey, and "Avas put under arrest. He was soon after taken sick, and Avhen the surgeon. Dr. < Carmichael, informed hira that he could not live, he made his AviU and gave directions for his burial, which, be knew, would be attended by the whole coramand. " Bore a bole," said he, "through the bottom of ray eoflin, right under ray head, and let my queue hang through it, that the d— d old rascal may see that, even Avhen dead, 1 refuse to obev his orders." These directions Avere literally complied Avitb. Territory and State. 363 ^120 from Wm. Ragland, for Avhich his brother Avas security, he left in September, 1802, made his Avay to Ncav York, and saUed for Ncav Orleans. Poindexter, ho\A"ever, Avas mean in money matters, sIoav in paying his debts, and ahvays cramped for funds. His lot, Avhich he valued at $1000 cash, Avas finally sold for $500 on a long credit, and in 1810 he had not paid his brother, and Avas squabbling over the claim. "At a time," Avrote his brother, "Avheii you could not remain here, and could not go for the Avant of means, I borroAved that raoney for you. Avliich no other raan on earth Avould have done, and the payraent of it, as you raust knoAv, has cramped rae, and corapelled rae to stint my large family. Since I got the money for you, more than seven years have elapsed, of prosperity Avith you, and adversity Avith me."* He arrived at Natchez about the close of 1S02, and on the iSth of January, 1803, Avrote his sister: "Here I ara, Avithout society, and Avithout the hope of forming any." He Avas all his life subject to fits of despondency. When this letter Avas Avritten he Avas in a strange community, proverbial for its gaiety, and perhaps Avithout a dollar in his pocket. Hoav soon he impressed himself on the public as a man of talents, and hoAv rapidl)' he advanced, may be inferred from the fact that some four months after this gloomy letter, he Avas appointed by Governor Claiborne, Attorney General for the district Avest of Pearl river. "Your impressions," Avrites his sister, "of the ladies of your ncAv country seem to be unfavorable. You, hoAvever, have this consolation, that you are not dependent on their beauty and graces for advancement in your profession. A man of business is not obliged to attend fashionable assemblies." Mr. Poindexter Avas not at any time a ladies' man, nor had he traits of character, nor the refined and defer ential manners to make hira a favorite Avith them. He Avas coarse and boisterous, Avithaloud, peremptory voice, and a decided inclination for courthouse and tavern circles. As soon as his arrival at Natchez Avas knoAvn at MUton, MathcAv Camden sent hira a diploma or certificate of membership from the WidoAv's Son Lod=;e, No. 60, of that place, Avhich he thought might be of service to him. Mr. Poindexter's temper and associations jierpetuaUy involved him in altercations, and in ncAVspaper controversies. In 1S03 an anony mous commmunication appeared against him in the Herald, (printed at Natchez,) and he had a difficulty about it Avitii Mr. R. R. Keene, which Avas settied by the intervention of Hore BroAvse Trist, Avho had been sent out here by President Jeff'erson as CoUector of Customs, and Avas afterAvards transferred to the Custom House, New Orleans, Avhere he died. In 1804 he married Lydia, the daughter of Major Jesse Carter, a Avealthy planter of Adams county. His friend, Mr. Trist, Avrote to him: "You have drav.-n a valuable prize in the raatrimotiial lottery. Her great beauty is, as far as I can judge, her least recommendation, *In the Richmond Vih\g, February 2.3d, 1S37, Poindexter explained the circura stances under Avhich be le'ft Virginia, but the narrative is Avritten coulenr de rose. According to his brother's letters he Avas much involved; could not stay Avithout liability to arrest ; could not go for the want of means, until his brother borroAved the moiiey for him, Avhich money as late as 1810 he refused to refund, on the ground that his brother should have made it out ot his lot in Milton ! 364 Mississippi, as a Province, for she blends grace and intelligence Avith every amiable trait that adorns her sex. Only preserve yourself an evenness of temper, dis pel gloom Avhen it assaUs you as your bitterest enemy, as well as too much levity, and your prospect for happiness AviU be bright indeed." Mr. Trist kncAV him in Virginia, and kncAV his fadings; at times des ponding, superciUous and quarrelsome; then volatUe and wanting in dignity, Avith a decided inclination for rowdyism. In 1805 he quarreled Avith Abner L. Duncan, then a leading mem ber of the Natchez bar ; — charged him Avith having used towards him disrespectful language, and recommended him to be more careful there after, on pain of serious consequences. Mr. Duncan denied using the expressions; but said "if you believe that I used such language you should not hesitate in making me accountable." In 1S06 he Avas elected member of the Territorial Assembly, from the county of Adaras, and by that body Avas chosen delegate to Con gress over CoAvles Meade and Thomas H. WUliams. In 1807 he figured both as a military man and as counsel for the United States in the arrest and prosecution of Aaron Burr, by the Ter ritorial authorities, Avithout adding much to his fame. Col. Burr had seen more service and Avas a better soldier than any of those concera- ed in his capture, and in Kentucky and in Richmond, as AveU as in this Territory, he proved to be a better laAvyer than any of those Avho undertook to convict him. February 13th, 1S08, as his term of service in Congress Avas draAV- ing to a close, he addressed the foUoAving circular to his constituents. It is a reliable record of our advance frora the first and second grades of our territorial organization, and it explains the relations our coun try held at that time with England and France — relations that directiy affected the people of this Territory : Washirgton City, February 13th, 1808. Dear Sir — In compliance Avith the obligations of my duty, I now commu nicate to you, the several acts Avhich haA'e passed during the present session of Congress, in relation to the local police, and internal Avelfare of our territory. The act extending the right of sufl'raac, in the Mississippi Territory, and for other purposes, passed the House of Eepresentatives, in its most desirable shape, requiring that the elector should be a citizen of the United States, resi dent in the Territory one year, and have paid a tax assessed, at least six months previous to an election. This qualification Avould have extended the elective franchise to the groat body of the community, liable to perform militia duty, and subject to bear a portion of the public burdens ; Avhich in my judg ment is a right inseparable from freemen, and cannot be abridged, Avithout an infraction of tbe principles ou which our republican institutions are founded. Another consideration also, rendered me particularly solicitous that this just aud liberal system should have been adopted. The payment of a tax is a mat ter of fact, capable of direct and immediate proof, by a reference to the roll of the tax collector, Avho is an officer of public responsibility, and therefore, no fraudulent voter could haA'e imposed himself upon the inspectors appointed to preserve the chastity of Elections. Exiieriencc has shoAvn us that thelree-hold qualification is lialde to the abuse of fraudulent coiiA'eyances made for the ex press purpose of enabling a dislionest candidate to obtain a factitious majority over the virtuous and Avorthy citizen Avho Avill not stoop to the violation of the plain djctates of morality, "and the knoAvn laAvs of the land, to acquire either surreptitious fame or illegitimate power; but tbe Senate, for Avise rea.sons, no doubt, thought proper to restrict the riglit of suffrage to the holders of real estate.'-' I assented to this modification because its provisions are more expan- -¦¦The free-bold qualification had led to many abuses in the Territory. The Mississippi Messenger of July Sth, IbO.s, referring to a recent election, says: Territory and State. 365 sive than those comprised in the ordinance for the government of the Missis sippi Territory. ^ There Avere numerous citizens of Avealth and respectability, residing in the city of Natchez and otlicr small towns in various parts of the territory, OAvning toAvn lots of considerable value, Avho Avere not heretofore en abled to vote for i-epresentatiA'es to the general assembly ; to this class of citi zens, and to purchasers under the United States, and also to those possessed of equitable estates in fifty acres of land, the right of sufl'r.age is extended. I therefore trust, that although the laAV may not meet our wishes in their fullest extent, it Avill put the subject at rest until the arrival of that auspicious period, in which Ave shall be entitled to the enviable privileges of self-government. In the formation of a constitution suited to the genius of a free people, the elective franchise Avill be fixed on the basis of equality as the best means of securing the liberty and independence of the citizens. The second section of the act au thorizes an apportionment and augmentation of representatives, in the several counties of the territory, provided the AvhoIe number does not exceed tAvelve. As I have no doubt, that an immediate convention of the legislature Avill be deemed expedient by the executive for the purpose of making the necessary apportionment previous to the next election, to give the people a full and fair representation, in tbe general assembly, permit me to express a wish, that of the number assigned to the county of Adams, one may be be designated, as the sole representative of the City of Natchez. A regulation of that kind Avould put an end to the collision, Avhich so often arises betAveen a supposed conflict of city and country interest, and thereby destroy the prevailing jealousy Avhich has tended to ferment the public mind, and to sever the social obligations Avhich ought ahvays to exist iu a country of refinement and civilization. I am impressed Avitli tbe belief that the measure Avould meet the approbation of the citizens of Natchez, as it Avould increase their importance as a corporate body, and at the same time remove the inconvenience of attending elections at a dis tance from the circle of their respective employments. The third section of the act transfers the right of choosing a delegate to Congress, from the legis lative council, and House of Eepresentatives, to the great body of the people. There are manj' reasons Avhy this change in our system of government is prop er. No principle is better supported by reason and common sense, than that which recognizes the people as the source from whence all poAver must flow. If an individual is to be entrusted with the care and management of tbe general concerns of a community he ought to possess their entire confidence. A man AA'ho is deemed unAvorthy of public trust, cannot now be imposed upon the people of the territory Avithout their consent ; and it is surely much safer to confide the choice ot u representative to the general suffrage of the territory, than to the two houses of the legislature, who may often select an individual, whose pretensions would not pass the ordeal of public investiga tion. The conduct of your representative Avill be submitted to your impartial judgment and discretion; if it be meritorious your grateful approbation will constitute his best rcAvard, and form around him a bulwark impenetrable to the shafts of calumny and detraction, while he who violates the sacred con fidence reposed in him will meet the froAvns of his fellow citizens, and be con signed to obscurity, branded Avith public disgrace, and detestation. I rest sat isfied that this new privilege Avill be exercised Avith that sound discretion and prudence which is calculated to prove its utility, and to produce the most favorable result to the territory. An act extending the right of preemption to actual settlers on public lands on the third day of March, one thousand, eight hundred and seven, who have complied with the requisitions of the act, passed at the last session of Congress, prohibiting settlements on lands ceded to the United States until authorized by law, has also met the sanction of the national legislature. The provisions of this laAV are as extensive as they "Siveiii patriotic citizens of this citv exerted themselves to create voters, to de feat the Republican ticket. Gov. Williams opened an ofiice for this purpose. Every drayman, alien and free negro in the city hostile to our government be came, by magic, a Freeholder." A still more flagrant instance occurred iu Louisiana— the infaraousPlaquemine fraud by which hundreds of fraudulent Freeholders were raade and the vote of the State was cast for James K. Polk, Avheu it Avas unquestionably due to Henry Clay. 366 Mississippi, as a Province, could have been made Avithout a departure from that system which the government of the United States has adopted for the disposal of the public lands. The quantity of land is limited to one section to be surveyed according to sectional lines, but that quantity may be produced from tAvo adjoining sec tions, so as to include the whole improvement, which an actual settler may have made, on a part of each section. If a claimant chooses to locate one-half of Section No. 5, and one-half of section No. 6, adjoining thereto, making in the Avholo six hundred and forty acres, if thereby he does not interfere Avith the claim of his neighbor, I am of opinion that he may do so under tlie limitation cnntained in the first section of the act. The tract of land claimed may be reduced to one quarter section at the option of the settler, but a smaller quantity cannot be granted. With a A'iew to secure those emigrants Avho have settled on lands, claimed by virtue of ante-dated Spanish patents and British patents held by absentees, I have ex cepted only such lands as are claimed by A'irtue of a certificate from the boards of commissioners, east and Avest of Pearl Eiver, and inasmuch as ante dated Spanish patents and British patents, held by persons Avho do not reside in the territory, are directed by law to be reported to Congress for consid eration, persons resident on lands held under these titles, Avill obtain a cer tificate of preemption from the United States. The time fixed for filing notices of these claims is the first day oi October next, and on the first day of January next the first payment of the purchase money Avill be required. The committee on public lands liave agreed to report a bill authorizing the President of the United States, to direct the sale of that portion of land in the territory, Avhich may belong to the L'nited States, and Avhich is noAV in a situa tion to be ofi'ered for sale, and so on progressively from time to time, until the whole is purchased. Consequently future emigrants Avill experience no embar rassment in procuring lands from the government at the moment of their ar rival in the country. This regulation Avill be a security for the increasing population' of the territory, and the laAV respecting preemption is a guarantee to those who have made improvements on lands heretofore. I therefore hope that every fear, Avith respect to the justice of the goA'ernment, toAvards our distant and insulated country, will be dbspelled, and that these measures Avill inspire the most perfect contentment and satisfaction. It is with much pleasure that I communicate to you, tbe final ratification of the ChoctaAV treaty. A bill is now on its passage in the House of Eepresenta tives making the necessary appropriations for carrying it into effect, and I ap prehend in the course of the present year, an ofiice will be opened for the sale of lands in the district of country ceded by that treaty to the United St.ites. The various local and political advantages, resulting not only to the Missis sippi territory, but to the Union at large, from the acquisition of that tract of country, are so Avell known to you, that it Avould be a waste of tirae to say any thing on tho subject. It cannot fail to invite an influx of population into the territory wliich must in a short time enable us to add another star to the American constellation, an event not more desirable to ourseh'es than to the general government. The board of commissioners West of Pearl Eiver has made no report on the scA'eral descriptions of claims, directed by law to be submitted to Con gress for consideratiqn. The Avant of this report has induced the committee on Public Lands to delay an investigation of the other questions respecting ti'les to land in the territory, in the hope that it Avould arrive, at a convenient period to be acted on, (luring the present session ot Congress. I have hoAV- ever thought it advisable to draw their immediate attention to the situation of persons claiming lands under warrants of survey granted by the British and Spanisli governments, whose claipis Avere not confirmed by the original law "regulating the grants of land, and providing for tbe disposal of the lands of the United States, south of the State of Teiinessee." On these claims a de cision Avill be had in a few days, and I shall talw tlic earliest occasion to in form you ot tlie result. In relation to the county of Washington, particu larly, the committee on public lands have agreed to report in favor of an extension of time, until the first day of October next, to enable those who Averc entitled to certificates of preeinption, to introduce the proof Territory and State. 367 necessary to obtain a right of donation on the 30th day of March, 1798, and to exchange the preemption for a donation certificate. They have also agreed to allow, until that time, for persons Avhose residence above the line of de markation hetAVeen the Spanish colony of West Florida and the United States, has been recently ascertained, to file their respective claims with the register of the land office, and receiver of public monies, east of Pearl Eiver, to be en acted on in the same manner as other claims have been in that district. All the other matters relative to the territory, generally, or to individuals, Avill be attended to Avith every degree of A'igilance and dispatch which circumstances render practicable. Among the laws of a general nature whieh have passed during the present session, the "act laying an embargo on all ships and vessels Avithin the ports and harbors of tbe United States," is calculated to excite the deepest interest and solicitude Jn the Mississippi territorj'. This measure Avas not only justified by existing circumstances at the time tbe laAv was enacted, but it was demanded by the dictates of imperious necessity. Subsequent events have tended to show the increasing dangers to Avhich our commerce Avould be exposed, and the opinion derives additional strength, that this precautionary expedient Avill produce the most salutary consequences to the nation. France by enforcing a rigid observance of her decree of the 26th of November, 1806, declaring the British Islands in a state of blockade, had interdicted all commercial inter course betAveen tbe PTnited States of America and Great Britain, and all mer chant vessels bound to or from a British port, having on board goods, Avares and merchandize of British origin, Avere subject to capture, and condemnation by the prize courts of France. (Spain, also, had adopted a similar policy. Great Britain, by an order of the 11th of November, 1807, declared all the ports and places of France and her allies, or of any other country Avith Avhom she is at Avar, and all other ports or places in Europe from which the British flag is ex cluded, and all ports or places in the colonies of their enemies, to be in a state of blockade, and vessels bound to or from such countries or colonies, are sub ject to be captured and condemned as laivf ul prize to the captors. Thus the ocean presents to us a theatre on Avhich plunder, piracy, robbery and murder are legitimatized by the belligerent poAvers of Europe, and the alternative left to the American nation is either to participate in the disgraceful scene, and brand our national character with infamy, or to Avithdraw within ourselves, until reason and justice shall resume their empire and become the rule of con duct to those peculators on all honest commerce. The people of the United States can look Avith certainty to their oAvn internal resources for the means of subsistence and comfort; the variety of climate and soil in America is such, as to make it next to impossible that there should ever be a failure of crops, so as to render us dependent on a foreign country for provisions of any kind ; and no people possess in more abundance than ourselves, tbe rude materials for manu facturing the most essential articles of clothing. The embargo, therefore, can produce no domestic inconvenience to the people of the United States, except so far as they are thereby deprived of a market in which to vend the surplus products of the soil. What prospect is there that our merchants would find their way to a European market if permitted to adventure their cargoes on the seas? "VVe are excluded from commercial intercourse Avith the British islands by France and Spain, and by Great Britain we are excluded from the ports of the world ! The consequence is, that our property, if an attempt be made to export it from the United States, would fall a sacrifice to the rapine of some piratical band, and our citizens Avould be impoverished. The nations of Eu rope, and particularly Great Britian, cannot sustain the privations to Avhich, by the loss of our commerce, they are subjected. If they stubbornly persist in those arbitary measures which have constrained us to relinquish our commer cial pursuits for a season, the horrors of famine, desolation and civil discord, must, at no distant period, induce an acquiescence, on their part, in those principles of justice for which we are bound to contend. If this crisis should not arrive until twenty years shall have passed aAvay, I trust the government of my coun try will not relinquish the strong ground it has taken. I however believe that France and Great Britain will soon be conA'inced, that they had better contend for our friendship, than to obstruct that free intercourse, Avhich it is our Avisli to preserve Avith each on terms of justice and reciprocity. Should the embargo o 68 Mississippi, as a Province, continue only one year, (and I do not think the causes which have induced it, Avill endure longer) it cannot injure, materially, the planters of the Territory. I have no doubt that a large proportion of the crop of the preceding year has already been disposed of ; and the crop of the present year wUl not be in a state of preparation for market, until the Avinter of 1809, previous to which time I earnestly hope that the cloud Avhich covers tbe aspect of our political horizon Avill vanish ; and that our flag Avill once more be hoisted in the ful] tide of commercial intercourse Avith the world.' I cannot close this subject without expressing my ardent wish, that upon this occasion there may b'e but one senti ment among the people of the Mississippi Territory ; and that their utmost ener gies will always be exerted in the support of such measures of the general gov ernment as may be deemed essential to the common defense and general welfare of the Union. Whether pending the embargo, it may not be proper to suspend executions against the property of our citizens, is a question well Avorthy the serious con sideration of the general assembly. The example has been given by the Legis latures of Maryland and Virginia, and in all probability it will be followed by most of the other States, if circumstances should require it. With regard to the pending negotiation between our Government and Great Britain, I am unable to speak with certainty at present. Nothing has trans pired officially on that subject, and 1 cannot confide in mere conjecture, on a matter of such high importance to the country. Great Britain may fairly be considered as at Avar Avith the Avorld, unless an accommodation is made of her differences Avith America. How long that kingdom will be able to sustain the Aveight of such a conflict, let her infatuated ministry determine. But I think it not improbable that they Avill learn to appreciate the trite adage that "hon esty is the best policy." It now becomes me, sir, to state to you, that after tbe most mature reflection and consideration, I have determined to decline a re-election as the delegate from the Mississippi Territory to the Congress of the United States. The elec tion of my successor Avill take place at your general election of representatives in July next, which renders it proper that I should take the earliest occa sion to make known to you my intention to AvithdraAV. I am well assured that you Avill find no difficulty in conferring your suffrage on an individual more able to piromote your interest than myself. My best exertions shall continue to be used iu the discbarge of the trust confided to me ; and I most devoutly pray that the benefits to the Territory resulting from those exertions may be commensurate Avith sacrifices which in my present situation I am corapelled to make. I am. Sir, with sentiments of respect, your most obedient servant, Geo. Poindexter. The last paragraph in this circular Avas not acceptable to his friends, and the foUoAving correspondence ensued : To the Hon. George Poindexter : Sir : The citizens of this Territory have been Availing Avith anxiety your re turn, that they might learn the causes Avhich induced you to decline the further service of your country. The public mind has been su.spended and now wait your decision ; for this purpose Ave have been deputed by a respectable portion of the citizens of Adams county, to solicit you to dispense with your objections and once more enter the service ot a people whose highest confidence you have gained by your faithful and patriotic exertions in their behalf. When we re view your conduct during tbe late session of Congress, your efforts are marked with the strongest evidences of republicanism, and associated with a judgment and success which command our just admiration and applause. With ^ these sentiments, Ave beg that you Avill once more give your name to the territory, as a candidate at the ensuing Congressional election. The duties of that station are important and require the efforts of our best talents — 'tis to yours that we would Avish to commit them. With the highest respect, we are sir, your very obedient servants, Joseph Sessions, A. Montgomery, F. L. Claiborne, Washington, June 11, 1808. Committee. Territory and S'tate. 360 MR. poindexter's ANSWER. Gentlemen : Having obtained the passage of an Act, transferring the right of electing the Delegate to Congress in this Territory from the Legislative Council and House of Eepresent.atives to tbe great body of the people, I Avas extremely solicitous that their choice should devolve on an individual more able to promote their welfare than myself. Nothing could induce me to remain longer in my present situation, by Avhich I am. compelled wholly to relinquish the management of my own domestic concerns, short of the very high respect Avhich I feel for the varions proofs of confidence and attachment which I have received from a large and respectable portion of my felloAV-citizens since my return. The primary duty of a good citizen is to merit Avell of his country, and to receive its approbation is his highest reAvard. Conscious that I have used every exertion in my poAver to vindicate the rights and advance the prosperity of this Territory, my mind is impressed with a deep sense of gratitude at the sanction bestowed on these exertions by my felloAV-citizens. If upon a view of my past services, I should be again honored Avith the con fidence of my country, it Avill become my indispensable duty to endeavor to discharge the important trust Avith vigilance, industry and attention. Accept, gentlemen, the assurance of my highest respect and esteem, George Poindex'ter. Messrs. Sessions, Montgomery and Claiborne. Washington, June 11, 1808. He Avas re-elected Avithout difficulty, and during that term dis tinguished hiraself by his reply to the celebrated disunion speech of Josiah Quincy, of Massachusetts. The acquisition of Louisiana and of the Florida parishes, was bitterly opposed in the House of Representatives. Josiah Quincy, of Massachusetts, one of the raost finished orators that ever appeared in Congress, led the opposition. In the course of his speech he said : "I declare it as my deliberate opinion, that, if this bill passes, the bonds of this Union are virtually dissolved ! That the States Avhich compose it are free from their moral obligations, and that, as it avUI be the right of all, so it will'be the duty of some, definitely to prepare for a separation, amicably if they can, violently if they raust!" Mr. Poindexter, delegate from Mississippi, here interrupted hira and made the point of order "Avhether it Avas competent in any member of the House to threaten a dissolution of the Union, and invite the people to rebellion?" Mr. Quincy, in a defiant voice, de liberately repeated his Avords, and that they should not be mistaken or forgotten, he wrote them doAvn, and handed them to the clerk. The Speaker decided that the concluding portion of Mr. Quincy's remarks were not in order; but the House reversed the decision ; and the orator proceeded to declare that there Avas nothing hidden, or mysterious, or sacred about the constitution ; that it Avas a mere com pact — an article of partnership between equal parties for convenience and mutual benefit ; that new partners could not be taken in Avithout the consent of all the members of the old firm ; and that the adoption of this measure Avould be the forcible introduction of foreign members into the concern, and virtually dissolve the partnership. "With respect," said he, "to this boasted love of our Union, concerning which so much sensibUity is expressed, I have no fear of analysing its nature. Sir, the first love of my heart is the Commonaa'ealth of Massachusetts ! " Mr. Poindexter, in the course of his speech, said "this is not the 24 370 Mississippi, as a Province, first time Ave have heard of the dissolution of the Union from the gen tieman and his friends. In the debate on the Embargo the gentieman told us that New England Avas prepared for insurrection and revolt, and at the same moment the British Minister here dispatched the same opinion to his government." The acquisition of Louisiana, carrying Avith it the free navigation of the Mississippi river, and its OAvnership to the sea, Avas unquestionably, indispensable for the preservation of the Union ; but on the constitu tional points aUeged by Mr. Quincy, there Avas not and never has been a satisfactory ansAver. Like Lincoln's emancipation proclama tion, and the acquisition of Ncav Mexico and California, the power exercised Avas one of expediency or necessity, and not of right — as surgeons justify the resort, in desperate emergencies, to the Csesarean operation. In a pointed address to his constituents Mr. Poindexter explains very clearly the position of national parties, on measures that directiy concerned the people of the Mississippi and Orleans Ter ritories : " A bill is noAV before the Senate, one of the provisions of ivbich is to extend the laws .of tbe Territory of Orleans to that portion of West Florida lying west of the river Perdido. The title of the United States to that tract of country is strongly contested by the federalists, and the Executive is charged with a violation of the Constitution, in the proclamation declaratory of that title. A fcAV Aveeks previous to the meeting of Congress, that class of politicians Avere clamorous against the administration, for delaying a step so necessary to our national security. " The hand of Napoleon was visible in this criminal pro crastination of a measure called for by a proper respect for our own rights, and Avarranted by a rigid enforcement of the conA'ention of the 30th of April, 1803, Avith the French government." But so soon as the strong ground taken by the President in relation to that country Avas displayed, the High Priests of the Essex Junto, true to the cause of England, vibrate to the opposite extreme, and censure an act Avhich a short time before they had recommended. AVe are now told that " AVest Florida was not included in the Louisiana purchase — that to step over the national boundary was an usurpation on the part of the Execu tive of the Constitutional poAvers of Congress, who are exclusively authorized by that instrument to make war on a foreign country" — and though " last not least" of the bug-bears Avhich they conjure up to frighten the nation, Ave a're reminded that Great Britain has solemnly undertaken to guarantee to the Spanish Junta, in the name of Ferdinand the 7tb, all the colonies which Spain possessed, anterior to the downfall of her late monarch, and that this violation of territorial boundary will lead to open rupture Avith that nation. We are oven charged with an intention to occupy the country till France is in a situa tion to receive it out of our hands. Should Great Britain listen to these frantic ravings of political madmen, it is highly probable she will embark a force for Pensacola, for the purpose of restoring the Spanish authority in West Florida; but what I think more probable is, thit she Avill obtain a cession from the .lunta of the two Floridas, and claim them as British colonies. In either event, I hope the government of the United States will permit the valor of its citizens to plant the American Eagle on the Avails of St. Augustine. That such will be the result of a struggle to trench upon our present limits, cannot be doubted. The God of nature manifestly intended this great continent to be united under one common goverment connected by a community of interests and of municipal regulations. Time alone can mature these important objects,, Avhich by interposing between the ncAv and the old Avorld, an ocean of vast extent and ditflcult navigation, Avill afford a sure pledge of the peace and pros perity of our beloved country for ages to come. Connected Avith the Acquisition of West Florida, the est.ablishment of boun daries for state governments on the waters of the Mississippi, is a subject of primary importance. I have Availed with anxious solicitude, to learn the sense of the Legislature of the Territory as the course which it became my duty to pursue, in relation to our advancement to the rank of an independent Territory and State. 3yi State. It being doubtful here, whether the newly acquired territory should be attached to the Orleans or Mississippi Territory, or a portion of it, added to each, I have carefully avoided an exposition of my own views, until by knoAV- ing the Avishes of my fellow-citizens, I might carry them into effect so far as they might meet the sanction of the National Legislature. No memorial has yet arrived. We have indeed heard of a project to accompany that instrument Avith aconstitution to be formed by a convention, authorized by the local Legislature of the Territorv. This step is deemed premature by tliose who are acqujiinted Avith the incipient proceedings necessary to the introduction of a territory into the Union as a separate commonwealth; and although I attribute no unworthy motive to its mover, I am not Avithout fear that it Avill be productive of un favorable consequences ivitli reference to the object Avliich it Avas intended to promote. To give the subject every facility in my power, and to evince a proper subordination to the general government, I have moved a resolution which is adopted for the appointment of a committee to " Enquire into the ex pediency of .admitting the territory into the Union as a separate and independ ent State." The committee aa'III no doubt postpone their report until the views of the Legislature of the Territory shall be presented to them." 1808. About the time that his term in Congress Avas draAving to a close, the Hon. Peter B. Bruin, Avho had long been one of the Judges of the Territory, resigned, and the President appointed Mr. Poindexter to succeed' him. He had established his reputation in Congress as a man of talents, but Avas extremely unhappy. He had already sepa rated from his beautiful wife, Avho had borne him tAvo sons, and he publicly accused her of criminal relations Avith one avIio had been a favorite Avith both.* In iSii, one of the raost unhappy events of his life occurred-^his duel with Abijah Hunt. Mr. Hunt Avas a native of Ncav Jersey, had come early to Ohio, thence to this Territory, and had become the most extensive merchant in it. He had large establishments and public cotton gins at Natchez, Washington, Greenville, Port Gibson and Big Black, and by his capital, enterprise and intelligence exerted great social and political influence. He Avas a man of high personal character, and a decided partisan of Avhat was then knoAvn as the Federal party. He took an active part against Poindexter, and indulged in some expressions, Avhich. in the then state of public sentiment, could not be submitted to. Parties were not wanted to aggravate Poindexter, Avho, being a Virginian, did not need much spurring; and some of those who bitterly hated him were anxious to have him shot, even though it risked the Ufe of or.e of their most influential leaders, Avho had the usual scruples of his race against dueUing. After the chaUenge passed, Mr. Hunt Avas arrested, and the other party Avas closely pur sued. Poindexter's friend, Capt. ^m. C. Mead, sent Capt. E. Bradish, the friend of Mr. Hunt, the foUoAving note: Near Natchez, June 6th, 1811—11 o'clock p. m. Sir: Having evaded the constables by whom Ave haye been harassed, and understanding your friend has escaped, wo have reason to hope there will be no farther difficulty,' and that you and your friend Avill meet us on the oppo site side of the river by 4 p. m. to-morrow, if agreeable to your friend, or at as early an hour as possible. My friend, his surgeon and myself cross over im mediately under cover of night, and Ave shall anxiously aAvait the arrival ot ¦*1 have critically examined the evidence in his own papers against this lady, and though she may have been indiscreet, and the more so from resentment ot ber husband's suspicions, I am sure she Avas never criminal— that she was a pure and true wife. ,She subsequently married Mr. Williams, a clergyman ot l>rim- field, Massachusetts, and maintained an nnsnllied reputation. 372 iMississippi, AS a Province, your party. Our friend Lieutenaut Peyton Avill deliver you this note and Avill then rejoin us. He will inform you precisely Avhere we are to be found. Your obedient servant, ^V. C. Mead. Both parties being on the Louisiana side of the river, the foUoAving terms Avere agreed upon : " "Wm. C. Mead, on the part of George Poindexter, Esq., and Ebenezer Bradish, on the part of Abijah Hunt, Esq., adopt and agree to the following terms for the meeting about to take place : 1. The ground shall be measured iu presence of the seconds, and their prin cipals shall then be placed at ten paces apart facing each other. 2. The seconds in presence of each other shall charge two pistols Avith powder and one ball each. 3. These pistols shall be placed in the hands of the principals at their posts by their respective seconds, and shall be held Avith the muzzle down. 4. Tbe giving of the word shall then be decided by lot. The second who Avins the jirivilege, shall then say, sloAvly and distinctly — "Gentlemen, are you ready?" If both principals answer " We are," he shall then proceed thus: " One — two — three — fire ! " .5. After the word ''one" has been pronounced the principals may elevate their pistols, but if either shall raise it from its perpendicular position before the AVord one the second of the opposite party shall shoot him. 6. If either of the principals shall discharge his pistol before the word /re, or shall Avithhold his shot after the Avord fire, and then attempt to fire at his adversary, the second of the latter shall shoot bim down. 7. The parties shall remain on the field until the challenging party shall declare himself satisfied, or until one of the parties shall be too much disabled to continue the fight. 8. A snap or a flash of the pistol shall be considered a fire. Wji. C. Mead. E. Bradish. June 8th, 1811. This cartel evidently meant businesss. The seconds Avere both Avhat Avould bc'iiOAV called fire-eaters. Bradish Avas a Ncav Yorker, a loyalist, and had held a comraission in the array frora John Adams, and like most of the officers of that day, Avas a high-strung Federalist, and fierce and passionate. Mead Avas a Georgian, had likeAvise been in the army under a comraission from Jeff'erson, and Avas an ardent Republican. His coadjutor, Jos. R. Peyton, a Virginian, Avas at that tirae a lieutenant in the United States Army. Elijah Smith, a highly respectable citizen, Avas present, as a friend of Mr. Hunt. The meeting took place on the grounds of Maj. Stephen IMinor, about a mile above the port of Concord, (the present A'idalia.) Capt. Bradish Avon the Avord and gave it. Tavo pistol shots Avere heard, and Mr. Hunt received a Avound in the abdomen, Avhich in a fcAv hours terminated his life. His death made a great sensation, and then, and as late as 1815 in his controversy Avith Dr. BroAvn, and other influential parties of Lexington, Ky., Mr. Poindexter Avas ac cused of firing before the Avord. -¦Vs late as December 4th, 1815, the late Judge Elijah Smith, says ; ^ That the fire did take place Jc/ore the Avord j?.re, (Avhich I understood to be the signal,) I lio nio,-;t unequivocally declare to be tbe fact, and that it commenced Avith Mr. Poindexter / cannot doubt. Tliis statement was made by I\lr. Hunt's second and Dr. Duncan, tlie attending surgeon, in the most positive manner; and what I consider more forcible by 3Ir. Hunt himself on his dying bed, Avho declared to me that Mr. Poindexter did /ire 6c/orc ^/le word, and thereby drCAV his fire before he Avas ready. He confided this communication to me alone, from a delicacy towards his second, it being too late to remedy the evil. These statements are corroborated by another circumstance — Mr. Hunt usually shot Territory and State. 373 remarkably Avell, and his friend, used to his mode of firine-, gave the Avord. The parties stood Avith their pistols hanging by their sides, and were to raise at the words "one"— '"two"- "three"— and fire at the word "fire." The ball of Mr. Hunt struck a log some little distance behind Air. Poindexter, not higher than his knees. Air. Hunt being only in the act of raising his pistol Avhen lie received the ball of his antagonist. Mr. Poindexter replied to this statement by inquiring Avhy, under such circumstances, the seconds of his adversary did not avail them selves of the si.xth article of the cartel. And he published a number of affidavits, one of Avhich Avas from Col. AVm. AVard, of Kentucky, ( brother-in-laAv of A'ice President Richard M. Johnson, ) AA'ho swears that he saAv Mr. Hunt as they Avere carrying him from the landing, and that Mr. Hunt's seconds and friends informed him that he had fallen in a fair fight. The foUoAving statement is from a Avell knoAvn citizen of the Territory : Alis.sissippi Territory, Ad. :.is County. I, Duncan AIcAlillan, of the county and Territory aforesaid, dc -ertify that in thesummer of the year 1811_, I resided in the State of Louisiana, (then called the Orleans Territory,) and parish of Concordia, opposite the city of Natchez ; that sometime in the month of June, as Avell as I recollect, several gentlemen came to my house, Avhose names I did not know at that time," but AA'honi I was imme diately informed Avas Air. Poindexter, then a Eepresentative in Congress from the Mississippi Territory, a Air. Mead, and a Air. Peyton. The gentlemen made known to me that the object of their crossing the river, Avas to settle a difficulty between Air. Poindexter and Mr. Abijah Hunt, Avhich the parties had agreed to put to the decision of a jjersonal conflict, Avith pistols ; Avith Avhicli weapons, these gentlemen were provided. After some small interruption, given them by Air. Dunlap, then Sheriff of Concordia, the parties met about three hundred yards beloAv my house. Having a desire to see the issue of the fight, I advanced Avithin about ten paces of the spot Avhere it took place. Air. Poin dexter and Air. Hunt were placed opposite each other, at the usual distance of ten steps ; the pistols were then loaded by tAvo gentlemen, Avhom I did not then know, but, Avliom, I was informed, Avere a Air. Peyton, who acted for Air. Poindexter, and a Air. Smith Avho acted for Air. Hunt. The pistols after be ing loaded and cocked, were put into the hands of the parties, by the gentlemen who had charged them. Air. Bradish gave the Avord. The fire took place so nearly together, that I could not distinguish Avhich pistol Avent off first. On discovering that Air. Hunt had received a Avound, I ivent up to Mr. Poindex ter, Avho continued in the same spot and the same position from which he had fired, until he had leave to quit the ground, from the gentleman Avbom I understood to be Air. Smith. He than retired, and I Avent to the place where Air. Hunt had been taken, and looked at his situation. Pie Avas very soon removed across the river to Natchez. During the Avhole time of my being present, I heard ;iot a word from any person of anything unfairin the firing. The affair seemed to me to be conducted with great solemnity_ and fairness. After all the gentlemen concerned had left the ground, a Air. Bridges and myself found the log in Avhich the ball from Air. Hunt's pistol had lodged. We cut it out, and measured the probable distance Avhich it must have passed from Air. Poindexter's body, by one of us taking the position Avhich he occu pied, and then draAving a line, by Avhich Ave discovered that it passed very near to him, little above the hip, so that if it had struck it would have passed through the abdomen. Having no concern ;in this unpleasant busi ness, I did not expect to be called on, at this late period, for a statement of the above facts. I have hoAvever, given it at the request of Air. Poindexter, and am willing to swear to the truth of it, if necessary, Duncan AIcAIillan. December 30th, 1815."* Hoav dueling was conducted in those days raay be inferred from «The pistol he used on this occasion, Avas u.'ied in 1832 by Judge Sam Caldwell in his afl'air Avith Jos, Smith, at Clinton. 374 Mississippi, as a Province, the following narrative of an affair between Major ( afterAvards Gener- eral ) Claiborne and Capt. Benjamin Farar, a prominent citizen of Adams county. The writer, Hon. Wm. Bayard Shields, afterAvards United States Judge for the district of Mississipppi, Avas one of the raost distinguished raembers of the Natchez bar, and one of the most high-toned and gaUant of our citizens. Capt. Bradish, referred to iu this statement, is the gentieman Avho acted for Plunt in the duel Avith Poindexter : FROM the NATCHEZ MESSENGER DEC. 9, 1806. December 8, ISOG. A v.ariety of reports liaA'ing been circulated relative to, the affair of honor between Maj. Claiborne and Capt. Farar, I feel myself impelled as the friend of the former gentleman, to present the public Avith a brief narrative of the affair, and the manner .in wliich it terminated. The parties met on the Avestern margin of the Alipsis.3ippi, on Sunday morn ing the 30th ult. The arms on our part Avere a brace of pistols, on theirs two brace. The friend of Capt. Farar Avore a dirk. Agreeable to arrangement the principals exchanged a shot at the distance of ten steps. AVhile charging the pistols for a second fire, the friend of Capt. Farar suggested the propriety of a compromise. I informed him that I Avould receive propositions, but was not authorized to make any. Propositions Avere then made and reduced to Avriting. I deem it unnecessary minutely to detail, the various interviews and discussions between the friends of the parties. As to these propositions, it is sufficient to say, that after a long and deliberate discussion, Alajor Claiborne finally rejected them, unless Captain Farar would first give assurance that in bis advertisement of Jett he had no intention to AVound his private or public character, for that such Avas the general impression. Captain Farar's friend asked if this Avas our ultimatum? I answered in the affirmative. He then said the parties should take another shot. The principals took their posts for a second fire. The friend of Capt. Farar, with a pistol under his arm and one in his hand, stood nearer to Alajor Claiborne than to liis friend — I Avas opposite to him. He observed, looking at Alajor Claiborne, that this business had be come serious, and he would shoot the man Avho acted unfairly. Alajor Clai borne replied, "if I act unfairly j'ou are at liberty to shoot me.'' I called to order and desired the friend of Capt. Farar to gi\'e the word. A second fire took place. Capt. Farar's ball passed through the cape of Alajor Claiborne's coat, and the IMajor's ball struck Capt. Farar under tiie right arm, and glanced Avithout doing any material injury. Aly friend assured me that he Avas un hurt, and asked for the other pistol. Capt. Farar's friend desired me to give Alajor Claiborne a brace of pistols, as the affair should uoav take a course of which it appeared we were not aware. I Avas proceeding to charge my pistol, un der an impression that it Avould be resoU'ed to change the mode of combat, liaving been authorized by Alajor Claiborne to adopt any mode Avhich might be projiosed. In tbe interim, and before I reached tbe place of loading, Capt. Farar's friend advanced to'AIajor Claiborne, with a brace of pistols in his hands, and one under his arm, apparently in a violent passion, said to him, "you must now fight me," repeatedly tendering one of the pistols, Avbich Alajor Claiborne rejected, replying that he came there to fight Captain Farar, and that he would do so as long as Capt. Farar pleased. Capt. Bradish said, "Capt. Farar has a family, and he shall not fight any more." Alajor Claiborne re marked, "avc both liave families." I attemjited to interrupt the friend of Cipt. Farar, but in vain. Astonished at the novelty and uuwarrantableness of such il proceeding, unable to divine the legitimate object of it, and knoAving that no unfair practice had been used on our part, I Avas really at aloss hoAvto act for a moment. By the rules of etiquette, and according to the proposition of the friend of Capt. Farar, I Avould have been warranted in shooting him onthespot. I had not the temper to pursue so sanguinary a conduct. Alajor Claiborne twice asked me if he .should fight him. I peremptorally said, "you shall not, sir." He then advanced to Capt. Farar's friend, and said, "noAV if you are disposed to assassinate me, .shoot." Territory and State. 375 This procedure was so unprecedented, unjustifiable, and violatory of every rule of etiquette, that I determined to take my friend from the ground, and we proceeded to reeross the Alississippi. Having given tbe preceding narrative, in Avhich I have endeavored to be as accurate as posible, I think it proper to remark, that Major Claiborne, through out the whole affair, acted Avith the firmness and intrepidity of a soldier and a man of honor. I must take the liberty to state that my conduct on this occa sion, from the commencement to the close, Avas influenced by a disposition to preserve unsullied the honor of my friend, to adjust the matter amicably, if practicable, to the satisfaction of both parties, and that in every attempt to effect that desirable object, I Avas governed by motives of humanity. W. B. Shields."' His life, at this period, Avas a perpetual embroUment. He made a call on Major Stephen Minor, through Col. F. L. Claiborne, for cer tain derogatory statements. Col. C. Avrites to him, Natchez, Septem ber, nth, 1811, "I Availed on Maj. Minor, to knoAv on Avhat au thority he made the statements, and he very frankly assured rae, on his honor, that they Avere raade on the authority of . You must look to Iiim. AVhatever Major Minor states, upon his honor, you, and every other gentleman, are bound to accept." Jefferson County, Alay 8th, 1811. Hon. Geo. Poindexter: There is a formidable electioneering story in circulation. I am informed by Dr. Alaxwell that he saw a letter addressed to Hon. Air. Bullock, of Claiborne county, by Air. Dixon, stating th-at you had, through him, in 1805, borrowed from widoAv John Smith, S600, for Avhich you promised to pay her 12 j per cent.; and that you placed in her hands, as security, a letter of credit from Col. John Ellis, of Adams county, and your oAvn promissory note. That some months afterwards you called at her house and said you wished to settle up. She handed you your note and Colonel Ellis' letter, and you put them in your pocket, promising to return the next day Avith the money, but that you did not return and have never paid any attention to her repeated demands. This state ment. Air. Dixon says, in the aforesaid letter, Mrs. Smith made to him just be fore her death. This story is greatly injuring you in this county, and you have little time to defend yourself. I am so exasperated by this story, that I can scarcely ex press myself. Your friend, .John Hopkin.s. He thus refuted it : AIlssissippi Territory, Jeff'erson County, to-wit: This day, Eichard Caradine, of said county, personally appeared before the undersigned, a, J'usticeof the Feace for said county, and made oath, that about four or five years ago, he had a demand against the estate of the late John Smith, and made frequent applications to his widow, for payment, and in the course of conversation on this subject, she informed this deponent that there was an unsettled account between herself and George Poindexter, Esquire, and that she expected to OAve him money. Some time afterwards this deponent Avas at the house of Airs. Smith, and she informed him that Air. Poindexter and herself had settled their accounts, (either that day or the day before,) on much better terms than she expected, having thought before, that .she Avould have fallen in his debt. Eich'd Caradine. The above deposition Avas sAvorn to and subscribed before me, this 29th day of May, 1811. Felix Hughes, [W. Q.] ^¦The writer Avas not aAvare of the affair between his father and these gen tlemen until aU the parties were dead. They survived their adversary a niimber otyears, and Avhenthe Avriter returned from Virginia and entered the law office of Criffith & Quitman, Messrs. Farar and Bradish were clients, and it was frequently bis duty to Avait upon them. They were always marked in their civilties and kindness to him. 376 Mississippi, as a Province, This is but a sample of the annoyances by which he was assaUed. His enemies Avere numerous, violent and implacable. He was dogged by calumnies from the moment he left Virginia, and to the last hour of his life he Avas thus pursued. He displayed on the bench the same ability, acuteness and capacity for labor that had distinguished him in Congress, but his appointment displeased his old enemies, and they used the columns of the Repub lican (printed in the town of Washington, then the Territorial capital, by AndrcAv Marschalk,) very freely against him. This culminated in' an unpleasant proceeding in court, Avliich would not be referred to here, but for the excitement it occasioned and the long continued attacks on Judge Poindexter in the public ncAvspapers, Avhich is a per manent record against him. In justice to hira, his version should be recorded. The individual who engages in a controversy AA'ith the con ductor of a ncAvspaper encounters fearful odds. No matter how just his quarrel, or great his abilities, the advantages are Avith his opponent, Avho can ahvays have the last Avord, and is more or less regarded as the guardian of the public Avelfare. The Avriter may be malignant and unjust, Avholly influenced by personal or party resentments, or even by mercenary motives, but the people have been educated to regard him as their representative and champion, and the majority are ahvays sure to side Avith him, especiaUy if the antagonist be one Avhose talents or virtues have made him obnoxious to the base and envious. In this case his quarrel Avas Avith AndrcAV Marschalk, of an old Knickerbocker faraUy, of Ncav York, Avho had been a lieutenant in AVayne's army, and had corae doAvn the river Avith the second detach ment of U. S. troops, after the Spaniards evacuated the province. He Avas a printer by trade, and personally bore a strong likeness to Dr. Benjamin Franklin. He soon resigned from the army and estab lished a paper in the toAvn of ^Vashington, then the capital of the Territory, called the "Republican." Parties in the Territory of that day were personal rather than political. There Avere a fcAv gentiemen of federal (Hamiltonian) principles, but as a party the federalists ceased to exist after the deposition of AVinthrop Sargent. During Governor Claiborne's term there Avas little political excitement; but under the AViUiams and Mead administrations there Avas great exasperation, but all dainied more or less to be friendly to the administration of the national governraent. Governor Williams claimed to be a good Re publican, and came of the best Republican stock in North Carolina, though every Federalist in the Territory Avas his supporter. Governor Holmes Avas, unquestionably, a Republican, but many Republicans Avere adverse to him, Avhile the Federalists generaUy stood by him. Marschalk's paper Avarmly supported the Williams and Holmes administration, and as bitterly opposed George Poindexter and many of his personal and political friends . Judge Poindexter, particularly, Avas assailed Aveek after Aveek, in the most aggravating style. At length it terminated in the manner related bv the Judge himself, in the fob lowing letter to the Hon. Langdon Clieves, Speaker of the House of Representatives, United States : Natchez, December 5th, 1814. Sir :— At the last term of the Superior Court, for the county of Adams, in this Territory, u, person by the name ot Andrew Marschalk, printer of a newspa- Territory and State. 377 per, styled the "Washington Eepublican," published an anonymous letter, ad dressed to myself, containing a tissue of false, scandalous and libelous matter. The press from Avhich this paper emanated, is conducted Avithin vicAV of the building designated as the seat of Justice for the county, and it came within the knoAvledge of the editor that the Court was in session at the time he pro mulgated the libel. A considerable number of these papers Avere sent directly from the printing office and distributed among the jurors, and other persons attending to transact judicial busines.s, and a copy placed on the Bench, so as to attract the notice of the Court. This indecorous and unwarrantable pro ceeding had a tendency for the moment to interrupt that even and orderly ad ministration of justice, Avhich ought ever to characterize a court of judicature. The attention of CA'ery one present was drawn from the immediate and solemn duties, which they Avere called on to perform, and seemed exclusively occu pied in the perusal of the insulting publication against the honor and integrity of the Judge, under whose superintendence they Avere assembled to fulfill the respective functions assigned to them by the Constitution and laws of the country. The dignity of the Court was directly and flagrantly assailed in a manner Avhich imperiously demanded the infliction of legal punishment com mensurate Avith the offence. The customary rule was awarded on the editor to show cause Avhy an attachment should not issue against him for a contempt. He appeared by counsel, and refused to ansAver interrogatories. The rule Avas therefore made absolute, and the offender sentenced to tAventy-four hours' im prisonment, to pay a fine of tiventy dollars, and give security for his good behavior. On the expiration of the time of imprisonment, he was brought into Court, on his discharge, andbeing required to enter into a recognizance of good behavior, he refused to do so, and said in the presence of the Court, "I thank your honor for the sentence — I pay the fine. / meant a contempt." These ex pressions might well have justified an augmeiitatiiin of his punishment, but, having no Avish to extend his imprisonment, after he should have complied Avith the original order of the Court, I remanded him for that purpose, aud took no notice of the offensive language Avhieli he had used. These proceed ings so necessary to preserve the respect due to the judicial tribunals of the country, have been grossly misrepresented, and perverted by a small faction here, who seek to disturb the] community, through the agency of a prostituted press. These misrepresentations may possibly reach the seat of tbe National Govern ment, and require of me some explanation, to guard against any improper im pressions they may make to my prejudice. I therefore. Sir, take the liberty which I hope you Avill pardon, of enclosing to you a transcript of the^ Eecord, with the request that you Avill give to this communication such publicity, asin your judgment, may be jiroper for my vindication against any attempt Avhich may be made to inculpate my conduct in relation to the matter to Avhich it refers. I have the honor to be, Avith great respect. Yours obediently, Geo". Poindexter. Hon. Langdon Cheve?, Speaker H. E., U. S. Subsequentiy the proprietor of the Washington Republican Avas in dicted for libel on Judge Poindexter, and in a trial Avhich lasted four days, he avaUed himself of his right to justify, or plead the truth in his defence. The case is presented in a clear and authentic light in the foUoAving letter frora Judge Leake, afterAvards Senator in Congress, and Governor of Mississippi : Spring Plains, Claiborne County, AL T., July 28th, 181-'). Hon. Geo. Poindexter: Dear Sir— In your letter you Avish my answer to the following queries: , 1. Whether I did not preside in the trial of Andrew Marschalk, for sundry libels printed in his paper against you ? ¦ r -, 2. Whether under our laws the defendant has or has not the right to give [the truth of the matter charged as libelous in evidence? ] 3. Whether in that case the attempt was or ivas notmade, and whetheryou did not permit him to go into a specification of anything Avhich his Avitnesses could 378 Mississippi, as a Province, state concerning your conduct at any period since your residence in this country? 4. AVhether after occupying four days on the trial, he established any one fact Avhich reflected the least dishonor on your moral character, and Avhether the defendant's counsel did not in the argument abandon the ground of justifica tion altogether? In ansAver, I have to state — that I did preside in the trial of Andrew Alars- chalk on tAvo indictments for libels printed in his neAvspaper, called "The AVashington Eepublican," against you. Under our laiv the defendant in such cases has a right to give in evidence in his defence, the truth of the matter charged as libelous ; and this privilege the defendant on that occasion availed himself of, to the fullest extent. He Avas permitted at your instance to go into a particular specification of all the circumstances relative to any transaction of yours Avith others, Avhether of a professional or private nature, since your resi dence in this countrj'. A solitary case only excepted, which took place be tAveen yourself and the unfortunate. Air. , and which is, hy some, called "an afl'air of honor." In that, _a witness Avho was an important friend of the unfortunate. Air. , Avas brought into Court, Avho stated the subject about Avhich hcAvas called to testily, and that he had not voluntarily come forward on that occasion. This Avitness was objected to by the Attorney General, on the ground that his evidence, if ¦ fully given, would implicate himself in an af fair of a most serious nature. His testimony, Avas, on that ground, rejected by tlie Court, with this remark that the Court did not feel itself bound to notice officially every rumor Avhich might be afloat, on subjects of that or any other na ture, but if a person came voluntarily forAvard and made oath to such facts as Avould make an investigation necessary, it Avould feel itself then bound to insti tute the inquiry ; but as the Avitness had not voluntarily come fonvard, he might retire ; Avhich he accordingly did.* After a trial which occupied three or four days, your character exhibited as much purity as any man's could have done, Avhich had been subjected to such a rigid scrutiny. For the trial liaving taken place in the county wherein your residence had been fixed since your first arrival in the country, an opportunity Avas the better afforded to exhibit evidence relative to every transaction of yours, in which any kind of dispute had arisen with others ; and that evidence, too, derived from Avitnesses Avho were parties against you in those disputes, and whom, though honest, might be fairly supposed, to be much under the in fluence of self-interest in forming the opinions of your conduct, about Avhich they Avere to testify. And no person Avho heard the trial can be of opinion that the opportunity which was thus afforded, Avas in the least neglected, but that it Avas pursued Avith the most rigid assiduity. Indeed it was a matter of much surprise to many, Avbose minds had been somewhat affected by so many scandalous charges, as had been published iuthe defendant's newpaper, that somethingAvas not produced in evidence Avhich would at least cast a shade over your character. After the trial Avas oyer I heard a gentleman ol "high standing and great res pectability," and Avho Avas not one of your Avarmest friends, declare that lieAvas never more disappointed in his expectations than on hearing the evidence deliv ered in that trial, for after so much had been said and Avritten relative to your character, he did expect to have heard something proved Avhich would Inave placed it iu a very unfavorable point of a'Icav; but so far from that, that he Avas AA'cll satisfied that the fairest character among us, which had had many transactions Avith the Avorld, could not have appeared more fair, after having been subjected to such a rigid examination, embracing every transaction for a lieriod of fourteen or fifteen years. I have heard several other gentlemen express themselves in similar terms. In the argument of the cause the defendant's counsel did not pretend to have proved the truth of the matter charged as libelous, but rested the defence of their client on the latitude Avhich ought to be given to the liberty of the press, and the propriety of taking, by means of tbe press, a Avide range in scrutini zing the conduct of public agents. I am sir, very respectfully, your most obedient and very humble servant, Walter Leake. ¦•¦This refers to liis duel Avith Hunt. Territory and State. 379 The result of this trial, asstatedby Judge Leake, must be held to acquit Poindexter, not only of the particular matters charged by Marschalk, but generally of the calumnies by Avhich he had been assailed since his residence in the Territory. His temperament and indiscretion, as AveU as the decided part he had taken in politics, had exposed him to misconceptions and misrepresentations. But on the trial he challenged an inquest, and after four days of active effort, prompted by a host of enemies, they failed to establish any one of the countiess slanders floating about in the community. The Washington Republican, persisting in its abuses, the Judge, not satisfied Avith this vindication, very reprehensibly and indiscreetiy caned Col. Marschalk in his own office, and that gentieman in his paper of March Sth, 1815, gave the following account of the affair: Judge Poindexter was arrested on Saturday last, on a Territorial Avarrant, for an assault on the editor of this paper, in the door of his office ; and being brought before tbe justice Avho issued the warrant, refused to enter into recogni zance for his appearance at court (the justice not requiring security ; ) Avhile a mittimus was making out, to commit him to prison, he withdrew from the court house, and Avas followed and taken into custody by the deputy sheriff. He then issued a habeas corpus for himself, returnable before the Hon. Judge Leake, and lefttoAA'n on Suiidav' morning, in custody of an officer, for the residence of the Judge, in Claiborne county, after giving bond and security to tbe sheriff, that he Avould not escape ; since Avhich we have no account of him. Being about to leave the Territory for a northern tour about this time, the leading members of the bar, embracing men of every shade of political opinion, addressed hira as foUoAvs : To the Honorable George Poindexter : The undersigned, members of the Bar in the Superior Courts of the Alissis sippi Territory, understanding that j'our Honor is about to leave the Territo ry for some time, beg leave to express to j'ou our high approbation of the promptitude, ability and impartiality, with which you have discharged the arduous duties of your judicial station. A'ou have introduced a system of practice into our courts, and preserved an order and decorum in the dispatch of busi ness, the beneficial eff'ects of Avhich have been felt in all classes of society. We will only add, that our best wishes for your health and happiness Avill attend you through life. W. B. Shields, Ch. B. Green, Lyman IIarding, .1. Keeth, John Taylor, Edavard Turner, D. P. January, Coavles Mead, &e., &c. This must not be construed as a mere act of courtesy, but raust be read in proof of his ability and integrity on the bench. And a good and honest judge cannot have been a bad and dishonest man — cer tainly not the monster that Poindexter Avas represented to be. Of the signers to this note, four only Avere his political friends. Harding, Taylor and Green Avere leaders of the Federal party, eminent laAvyers, and men of the highest social position. The object of this journey was not so much for the recuperation of his health, as to trace up and refute many injurious reports in circula tion in Kentucky and Tennessee. On his arrival in Lexington he found that these reports originated chiefly Avith Dr. Sarauel Brown (formeriy of Natchez) and Col. Thomas G. Percy, of Mississippi, men of high social position, but for some time past his bitterest enemies. Dr. Brown and Colonel Percy Avere brothers-in-laAv, and the latter Avas the man whom Poindexter 'suspected of seducing his Avife. He made an immediate demand on BroAvn, foUoAved by an abusive publi- 380 Mississippi, as a Province, cation, to which BroAvn responded in a pamphlet of forty pages, set ting forth that : 1. A report Avas iu circulation at Natchez, as early as February, 181.5, that Judge Foindexter had disgraced himself at New Orleans. 2. That Poindexter's opponents, so far from exaggerating his acts and doings, omitted much that Avas disgraceful. 3. That he fled to Ncav Orleans from the lines, on the 1st of January, three or four minutes after the battle commenced, and afterAvards wrote his friends in Natchez that he had been under fire the Avhole morning. 4. That during the entire battle on the 8th of January, he sat behind a brick chimney, in the lap of the negro servant of General Carroll. 5. That he killed Abijah Hunt unfairly in a duel. 0. That he attempted a rape on a young lad}' in the family of General Cocke, ChickasaAV Agent, (during his absence) and had to make a precipitate retreat. In support of the first five of these charges Dr. BroAvn pubUshed the certificates of General Carroll, Dr. Samuel L. I"fogg, James H. Ficklin, and others, and the inference to be draAvn therefrom, it must be conceded, are very unfavorable to Poindexter.* But among his papers there are letters and certificates from several of these same parties, and from other respectable citizens, that explain or qualify materially the certificates in BroAvn's publication, and others directly contradicting them. Had Poindexter disgraced himself in the manner aUeged, General Carroll Avould never have AA-ritten to him, and Major AVm. BuUitt, as he did, January 2 2d, 1815 : " The tender of your resignations as volunteer aids is hereby accepted. You Avill carry with you, gentlemen, my affectionate Avishes for v'our happiness and safe return to your homes, and I Avill remember Avith pleasure your zeal and meritorious serA'ices." February J7th, 1815, Colonel Grayson, adjutant general of the army, Avrites : " I am soiTy to notice in a. Natchez paper remarks to your prejudice. I ought certainly to knoAV the services you rendered our division, Avhen I had you on my roster, and detailed you, in rotation, for night services and all other duties recpiired. You relieved us of much hard dutj' during the seige." * Dr. Hogg states that on the morning of the 8th, the moment the first cannon Avas heard. General Carroll, AA'ho Avas at his quarters, mounted his horse and gal loped to the lines, accompanied onh' by Major Priestly, a volunteer aid. That immediately thereafter a cannon ball passed through the room where be. Judge Poindexter and some other parties Avcre assembled, tore down part of tlie Avails, and a fragment of brielv struck Judge Poindexter on the arm ; that he lay down on a mattress a liitle Avhile, said the injury Avas slight, and then the party took shelter in the rear of the house, behind some brick chimneys. Several others had repaired to the sarae place, and it being croAvded, the Judge took a seat in the lap of Henry, Cieneral Carroll's serA'ant, where he remained during the action. Manuel, a negro boy attached to headquarters, incautiously exposed himself, had his head carried aAvay, and !iis brains and blood were scattered over the Judge. In the Poindexter papers I find the folloAving letter, addressed to him, while he Avas in the Senate: Nashville, November 16th, 1830. 1 .am directed by my father. Major J. Shaw, to ask your assistance iu procuring compensation for bis negro servant, Manuel, who Avas killed in your presence, on the Sth of January, 1.S15. From the promient part you bore on' the occasion, you are more capable of explaining the catastrophe than any other person. Hon. Felix Grundy and lion. John Bell will introduce a bill for the purpose, and Ave shall be gratified for your aid. Joseph Shaav. This letter was doubtless .an unpleasant reminder, and on it Mr. Poindexter significantly endorsed — "No answer." Territory and State. 381 June 13th, 1816, Poindexter, in a letter to General Carroll, pro pounded the foUoAving interrogations : 1. Were not the operations of the enemy on the 1st of January, 181.5, con fined to a cannonade on our breastworks ? 2. Was not the Avhole army directed to find shelter behind the breastworks, or elseAvhere, except those engaged Avitli the artillery and engineers ? 3. Did not the whole of your division remain inactive during the cannonade on the 1st ? 4. Did I on that da^' belong to any corps iu your camp? 5. Was I not engaged Avith you, performing duty on the lines, until a very late hour of the night of tlie 7th of January ? 6. Was there not on the night of the 14th prevailing opinion that the enemy Avould rencAV the attack on the 15th, and did I not pass the night, at the breast- Avork, Avitli Colonel Simpson ? 7. On the 19th, when the cavalry passed a our quarters in pursuit of the enemy, did I not ask your permis.sion to join them, and did I not afterAvards return, with the surgeon in charge of the Avounded ? 8.^ Did I, on any occasion, Avithin your knoAvledge, show an inclination to avoid any service to Avhich I Avas assigned ? To which interrogations General Carroll, June 28th, returned satis factory and conclusive ansAvers. Dr. Hogg, in Brown's pamphlet, states that Poindexter's conduct on the 1st of January, Avas spoken of, and ridiculed at the mess-table in presence of General Carroll and staff, Poindexter being present. This is difficult to reconcile Avith a friendly letter from General Carroll to Judge Poindexter, dated in camp, February 17th, 1815, giving him the news, and concluding thus : "Present rae respectfuUy to Major Bullitt, and I am charged to offer to him and to you assurances of the esteem and friendship of the members of ray military family. " There is likcAvise a letter from Colonel Simpson, AA'ritten from Sparta, Tennessee, bearing the strongest testimony to his conduct at the lines. If the certificates published by Dr. BroAvn be true, Poindexter must haA'e become an object of conterapt Avith the ofiicers of the army and Avith the people of Mississippi, Avho, though proverbially generous and indulgent, never have or never avUI forgive a coAvard on the field of battie. Yet in less than one year after his alleged disgraceful con duct at Ncav Orleans, he Avas elected by the proud, fastidious and gal lant people of the Mississippi Territory, to represent them in Con gress. He there met Dr. Sarauel Hogg, Avho had been elected a repre sentative in Congress, from Tennessee, and that gentleman, in a formal article, qualified the certificate he had given Dr. BroAvn, and the two gentiemen agreed to meet as friends. General Jackson, Avho was never known to overlook a mean or das tardly action, remained the staunch friend and frequent correspondent of Mr. Poindexter, until 1832, when they were separated by the course of parties. January i8th, 1819, General Thomas Hinds writes to him .at Wash ington': "The conduct of General Jackson, and' the Seminole Avar, AviU doubtiess be brought before Congress. Your constituents expect you to defend him, and Ave expect you to distinguish yourself" This expectation Avas fully realized. Mr. Poindexter did distinguish liimself. He Avas the champion of General Jackson, and defended him against Mr. Clay and a host of able opponents. In the debate, 382 Mississippi, as a Province, long protracted, and the influence of Avhich Avas felt on parties for tAventy years afterAvards, his speech raust be classed above every other. It Avas both logical and eloquent, and it settied the question in the opinion of the people. He delivered it February 2d, i8ig, and three days afterwards thus refers to it in a letter to his Avife :* " I attended the President's levee last evening. General Jackson Avas there, Avhich occasioned the attendance of a very large and brilliant assemblage. We have been, for three weeks past, discussing his conduct in the Seminole war. I defended him at great length, a few days ago, and Avhen I closed there was a burst of acclamations. I enclose some printed notices because I know you Avill be gratified to perceive that I am acquiring the confidence of my country." March 6th, he Avrote to her ; "I ara Avriting out my speech in de fence of General Jackson. It avUI occupy me three or four days. My reputation is at stake, and I knoAv you avUI excuse the delay." In 1 8 18 he Avas the guest of General Jackson. In 1820 General Jackson Avrote him a friendly letter, introducing the Rev. Austin Dickinson, and descanting, quite fervenfly, on mis sionary effort, tract and Bible societies ["f In 1821 he introduces to Poindexter a member of his household, Col. R. E. W. Earl, a painter, Avho confined hiraself to portraits of the General, and, in this letter, gives his vicAvs of the Fine Arts gen erally ! ! In 1823 the General gave Mr. Poindexter a stronger proof of his confidence and respect. He Avrites : "On hearing of the death of our respected friend. Judge Shields, I iraraediately Avrote to the Pres- dent, recommending you for the position." The President, hoAvever, appointed the Hon. Peter Randolph, of WUkinson county, a recent immigrant frora Virginia. The charge then, of coAvardice and disgraceful conduct at New Orleans, as aUeged by Dr." BroAvn, and by numerous personal ene mies, must be held to be grossly exaggerated, or a flagrant perversion of facts. In his papers there is direct proof, from creditable sources, that he performed his duty, and Avas often at the point of danger. Throughout his Avhole career it Avas his misfortune to be involved in personal difficulties, generally, too, Avifli persons Avith Avhom he had been intimate, and he has taken special pains to preserve the papers and correspondence in every case. But in relation to the disgraceful charge made by Dr. BroAvn — his attempted outrage on a young lady in the faraUy of General Cocke — I find no jiapers. Nor, except in the BrOAvn pamphlet, do I find any reference to it AA'hatever even in the newspapers of that day that habitually assaUed him. Such an outrage could never have been suppressed or compromised. It AA'ould have crushed a public man immediatel}', and forever. Had the guilty party fled, as Dr. BroAvn alleges, he Avould have been pursued until brought to bay, and then shot doAvn Avithout ceremony. Such Avould have been the case then, such it Avould be noAV. Such crimes are never compromised or forgiven in the South. It must therefore be rejected as unfounded. The faintest rumor of such an assault — the *Mis3 Agatha Chinn, of a prominent family of Lexington, Kentucky, and a most amiable .and accomplished Avoraan. Slie died in 1S22. fin this year lie had a difficulty Avitli his former friend, Col. W. S. Hamilton, and being Governor, he declined to accept a challenge, and referred the matter to Gen. Jackson, Avho sustaineil him, and expressed some very laudable sentiments ag.ainst dueling ! Territory and State. 383 shadOAV of such a suspicion, could not have reached the household of Gen. Cocke, Avithout subjecting the party to summary punishment.* One year after the publication of Dr. BroAvn's pamphlet and its array of certificates, Mr. Poindexter Avas elected to the Convention of 181 7, that framed the first Constitution of the State of Mississippi, and Avas the master spirit of that distinguished assembly. Was soon after elected our first Representative in Congress^elected by raen AA'ho had Avitnessed his conduct at Ncav Orleans, Avho Avere associated Avith him every day, and Avho would have scorned to give him their support had they accepted for one moment the disgraceful charges referred to. In Congress he Avas a frequent speaker, and had taken high rank as an expert and able debater. He Avas not only a vigilant guardian of the interests of his constituents, bui took a leading part, and ahvays a broad and national vicAv of all matters affecting the general welfare. In 1820 he became a candidate for Governor, to succeed David Holmes. General Thomas Hinds had reluctantly been induced to submit his name at the same time as a candidate, with the popular name of Colonel Daniel Burnet, of Claiborne county, on his ticket, for Lieutenant-Governor. With Poindexter Avas associated General James Patton, of Wayne. In this canvass, all the candidates were Jeffersonian Republicans, and from the earliest period had acted in concert. The issue Avas purely personal, and all the old slanders, and particularly the imputed coAvardice at Ncav Orleans, Avere revived against Poindexter. And to give them more effect, his competitor was one of the heroes — one of the historical characters of the great battie! The result shoAved a majority of nearly tAVO to one for Poin dexter and Patton. 1820-1-2, he [discharged the duties of the oflSce Avith his usual industry and abiUty. The labors and responsibilities of the office probably afforded him some relief, for this period of his life Avas full of sorroAvs. By his first Avife, the beautiful Lydia Carter, he had a son, for Avhose education he had provided. The divorced mother -s ¦VVUliam Cocke, a native of Virginia, of a Avell knoAvn family, Avas admitted at an early age to the bar, and went to the Holston settlement (now East Tennes see) then attached to ZSTorth Carolina, Avhere he held the office of prosecuting attorney. In 1784 he appeared as delegate from Sullivan county in the Jones- boro Convention, and Avas made Chairman of the Committee to devise Avays and means for a separation from the parent State. In the Convention that foUoAved Mr. Cocke represented the county of Washington, and took a leading part in establishing the State of Franklin, or Frankland as he always Avrote it. He was then appointed Brigadier General, member of the Executive Council, and Com missioner to Congress, to plead for the recognition of the new State. "We next hear of him on a mission to the Cherokees, and as Commissioner to the authori ties ot North Carolina. He appeared at the bar of the House of Commons, and delivered an able and elaborate argument, reported by Haywood. In 1796 he was a delegate from the county of HaAVkins in the Convention that framed a Con stitution for the State of Tennessee, and Avas on tbe committee that drafted it. The first Legislature of the new State elected him to the Senate of the United States and gave his name to a ncAV county. On retiring from the Senate he Avas elected Judge. In 1813 he was a member of the Legislature, and on the fall of Fort Mims, on a call for volunteers, though seventy-five years of age, he enrolled himself as a private, shouldered his musket, and fought at the desperate battles of Talledega and the Horse Shoe. He Avas subsequently appointed United States Agent in the Chickasaw nation, and resided chiefly at Athens, in Monroe county. His son, General Cocke, Avas for many years a distinguished representative in Congress from Tennessee. His second son. General Stephen Cocke, an eminent lawyer, Avas Chancellor of the State of Mississippi. 384 Mississippi, as a Province, placed hira at a school near Philadelphia, and the father agreed to defray all expenses. The teachers raade no encouraging report of the youth, yet he Avas capable of Avriting this affecting letter: " Hamilton Village, Feb. 7th, 1821. "Dear Father : I am very sorry that I cannot please you in any Avay. I try my best. I have just left a school Aviiere I Avas not made to study, and I hope you Avill not expect so much from me here the first qu.arter. Ido not think I can enter college for a year or more, no matter hoAV I try ; but if you Avill keep me at school I will tvy'to do my best. Dear father, do you intend to put me upon the Avorld, without either the care of a father or mother, or without any means of support? Do you intend I shall have no more education after this year? Please tell me what I am to expect. I have felt as any boy would "when he has parents to take care of him, ever since your last hard letter. I hope you do not intend to let me enter into the Avorld without some support. Mr. Dodge received a letter from you yesterday. He read it over to me. You spoke to him about locking me in a room, to compel me to learn. Dear father, I Avill try to learn Avithout being locked up. Dear father, won't you Avrite to me? I have -written to you many times, but have ncA'er receiA'ed a letter from you. I still remain your affectionate son." This letter explains it all. The boy Avas not bright ; but he had good materials in him. The harsh, exacting father placed a. barrier betAveen them, and he Uved to see the boy, the very image of himself, a pauper, vagabond and criminal. This unfortunate youth died in 1S32.* In 1816, Poindexter had married his second wife, Miss A. G. Chinn, a most estimable lady, and whUe discharging his duties as Governor, at Columbia, he Avas informed of the death of their only son. The mother did not long survive. Yet in the midst of all these troubles he performed his executive duties, codified the laws at the request of the Legislature, a Avork of vast labor and abUity, and on the expiration of his term of office became a candidate for Congress in opposition to Christopher Rankin, aa-Iio had succeeded William Latti more. It Avas supposed that Poindexter Avould distance liis adversary, but to the surprise of every one he Avas defeated, and by a man, com paratively, of ordinary abilities. The people of the North, and even our OAvn citizens, avUI be aston ished to learn that this defeat Avas attributed by Mr. Poindexter's friends to some provisions he had introduced into his Revised Code, in relation to slaves — provisions deemed harsh and radicaUy Avrong by the religious classes, Avho concentrated against him, and occasioned his rejection. September 14th, 1822, his friend Walter Leake, Avho had succeeded hira as Governor, Avrites : "The result of the late election Avas as un expected, as I conceive it avUI be injurious to the interests of the * DR. PE.NDERGRAST TO SENATOR POINDEXTER. •"Louisville, Ky., Feb. 19th, 1832. "Early this morning your son Albert sent for me in great haste, that he Avas . suffocating. I set out immediately Avith the messenger, but he Avas dead before 1 saw him. The disease Avas infiararaation of the throat and tonsils. The individual iu Avhose house he died had ajiplied to the Mayor to have hira buried, as he had left nothing but the clothes he had on. This 1 Avould not permit, and have taken the necessary steps to have hira decently and respectfully interred to-morroAV. Notwithstanding the coldness you exhibited to me Avhen vou were here, I cannot perrait the son ol an old friend to fill a pauper's grave". No m.atter what your feelings raiiy have been towards the poor boy, or may be towards rae, I am simply doing what 1 would wish done for me, or mine, under similar circum.stances." Territory and State. 385 State. It Avas brought about by the most nefarious means employed by unprincipled men, Avho were too successful in making false state ments, to excite the feeling and enlist the sympathy of the religious part of the community against some of the provisions of your Revised Code"* These provisions Avere intended as matters of police and as safe guards against insurrection, but a majority of our citizens regarded them as, substantially, excluding the colored people from religious privUeges, and they expressed their disapprobation by casting their votes against their favorite and ablest statesman. He who had here tofore carried every election by large majorities, and had trampled doAvn innumerable slanders, Avas defeated by a sentiment of religious duty and compassion for the blacks ! This was long before the fanatics of the North had kindled their incendiary fires, and com menced an agitation that compeUed the South, in self-defence, to' adopt more rigorous laws. With no extraneous influences acting upon *An Act to alter and amend an Act entitled " An Act to reduce into one the several Acts concerning slaA'es, free negroes and mulattoes." (Passed January 16, 1823.) Section 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi in General Assembly convened. That if any master, overseer or em ployee shall knowingly permit any slave or slaves, not belonging to him or her, to be and remain in and about his or her house or kitchen, or upon his or her plantation, above four hours at any one time, Avithout leave of the owner, overseer or employee of such slave or slaves, he or she so permitting shall forfeit and pay ten dollars for every such offense. And every master, etc., Avho shall Avithout such leave permit or sufi'er more than five negroes, or slaves, other than those in his or her OAyn employment, to be and remain on his or her plantation or quarter, at any one time, shall forfeit and pay ten dollars for every such negro or slave, which said several forfeitures shall be to the informer, and recoverable Avith costs, before any justice of the peace of the county or corporation where such offense is committed. Provided, always, that nothing herein contained shall be construed to prohibit negroes or slaves of the same owner, though living at dift'er- ent quarters, from meeting, with their owner's or overseer's leave, upon any plan tation belonging to such owner ; nor to restrain tbe meeting of slaves on their master's or overseer's business, at any public place, nor on any other lawful occasion, by license or writing, from their master, employee or overseer. Sec 2. AU meetings or assemblies of slaves or free negroes or mulattoes, mixing or associating Avith such slaves, above the number of five, at anyplace of public re sort, or at any meeting house or houses, in the night, or at any school or schools, lor teaching them reading or writing, either in the day or night, under whatsoever pretext, sAaii he deemed and considered an unlawful assembly, and any justice ot the peace of the county or corporation wherein such assemblage may be, either from his own knowledge or the information of others, of such unlawful assemblage or meeting, may issue his warrant, directed to any SAVorn officer or officers, author izing him or them to enter the house or houses Avhere such unlawful assemblages or meetings may be, for the purpose of apprehending or dispersing such slaves, free negroes or mulattoes, and to inflict corporeal punishment on the oflender or offenders, at the discretion of such justice of the peace, not exceeding thirty- nine lashes, in the manner hereinafter directed. Sec 3. The said officer or officers shall have power to summon any person or persons, to aid and assist in the execution of any warrant or warrants directed to him or them, for the purpose aforesaid, who, on refusal, shall be subject to a fine, at the discretion of any such justice of the peace, not exceeding ten dollars; Provided, that nothing herein contained shall be so construed as to prevent the master, employee or overseer, of any slave or slaves, from giving permission m writing to his, her or their slave or slaves to go to any place or places Avhatever, for the purpose of religious worship ; Provided, that such worship be conducted by a regularly ordained or licensed white minister, or attended by at least two discreet and reputable white persons, appointed by some regular church or religious society." 25 386 Mississippi, as a Province, them, the citizens of Mississippi, feeling that all mankind are equals in the sight of God, and that all are equally entitled to hear His word, indignantly rejected the laAv proposed by Mr. Poindexter, and con signed him to private life. There Avas at that time no ultraism in the South, in regard to slavery. Many persons emancipated their slaves.* The American Colonization Society Avas chiefly supported in the South. Maryland, and other Southern States, had established and munificentiy supported similar associations, and planted flourishing colonies of liberated slaves on the coast of Africa. Mr. Clay, the great statesman of the West, had always favored the gradual abolition of slavery in Kentucky, and yet to the last hour of his life he com manded the confidence, affection and support of the large slave holders of Mississippi and Louisiana, and in those States his popu larity was ahvays in proportion to the density of slave population. The debates that foUoAved the Southampton insurrection in Virginia, indicated that many of her leading statesmen favored the gradual ex tinction of slavery, and the Richmond Enquirer, Avith its poAV- erful influence over public opinion, Avas, unquestionably, at that juncture favorable to the change. This would, in good time, have been accomplished in Virginia and Kentucky, and, undoubt edly, in other States, but for the Avicked and insane attempt on the part of the northern politicians, to accomplish it by national intervention. The French first introduced the yelloAv fever and slaves, on the sea-coast of Mississippi. The British afterwards prosecuted the trade. And then our northern brethren embarked in it, and by their superior energy soon raonopolized the business of kidnapping Africans, to sell to the southern planter. And they re ceived in payment indigo, tobacco, rice, sugar and cotton produced by the kidnapped slaves. It Avas ahvays a question of conscience in the Soutii Avhether slavery Avas right, and public opinion Avas inclining to the conclusion against it, Avhen the very parties that had introduced the slaves, thrcAv the question, for ambitious ends, into the cauldron of national politics. There was no authority outside of the respective States to abolish, or in any Avay interfere Avith negro slavery. The Southern States resisted the attempt as Ulegal, unconstitutional, dan gerous to their independence and tranquiUty, and finally resolved to "*In one of his earliest communications to the Secretary of State from New Orleans, and frequently afterwards, Governor Claiborne expressed an earnest de sire to prevent tbe introduction of slaves into Louisiana. In 1828 Governor Brandon, one ot the purest and ablest of the Chief Magistrates of Mississippi, iu his message to the Legislature, used tlie following words: " The Southern States gener.ally, having passed laws to prevent the importation of slaves for the purposes of traffic, has left Mississippi almost the only receptacle forthe surplus black population of the Middle States, Avhere their labor is not found so productive as in tbe South; the vast nnmlier annually imported into our State, has excited uneasiness in the minds of many of our felloAV-citizens, and caused tliem to leel ranch solicitude that we should adopt the policy of ourneigh- boi-ing States. Slavery is an evil at best, and has invariably operated oppressively on the poorer cla.-s of crrry community, into which it has been introduced, by destroying that mutual dependence which woidd otheririse exist betu-ecn therich and thepoor,and r.vcludes from the State, in proportion the number of slaves, a free white population, tliriitir/h the means of n-liieh. alone, can ire crpect to take rank with our sister Slates. With these reflections 1 submit it to the Avisdom of the General Assembly, to say Avhether the period hasjjot arrived Avhen Mississippi in her OAvn defence, should as far as practicable prevent the further introduction of slaves for sale." Territory and State. 387 AvithdraAv from a union in Avhich they could not abide as equals. It Avas not the institution of slavery, nor a desire to retain it, that brought about secession. Very far from it. A large majority of the men Avho volunteered in the Southern army, Avere non-slaveholders. They were not fighting for slavery. Nor Avas that the motive of the opulent slave-holder, Avhen he abandoned his luxurious home for the rugged and perilous life of the private soldier. It was for the nobler and higher duty of defending the independence of the State against out side interference and usurpation. Without conceding that secession Avas expedient at the time it Avas resorted to, it must be insisted on that the Southern people Avere in fluenced by a solemn sense of duty, and that the Northern people are, morally, responsible for the blood that Avas shed in that terrible and unhappy Avar. The obnoxious provisions proposed by Mr. Poindexter had been rejected by the Legislature in 1822. The colored people had the same religious privileges as the Avhites. They had their colored minis ters. They often knelt in prayer in the family circle, in the parlors of their masters. And the very system of plantation preaching Avhich it was charged Mr. Poindexter desired to prevent, Avas in full operation. The foUoAving letter from an estimable minister of the Presbyterian Church, to Gen. Quitman, (a native of Ncav York, but a large slave holder, and one of the fcAv of our citizens that defended sls-wery per se) illustrates the point : Pine Ridge, Sept. 4th, 1831. Gen. J. A. Quitman — Honored and Dear Sir : I doubt not you will excuse me for trespassing upon your attention for a few moments — especially Avben you learn the occa sion. The Church of Pine Ridge, within Avhose bounds you have a planta tion, is now making an effort to give the gospel to every rational being under its care — the yerung as well as the old — the bond as well as the/ree. In order to do this efi'ectually, it is necessary to adopt the system of plantation preaching which is now acknowledged to possess more advantages than any other. It requires, however, a greater number of preachers,than where all can be assembled iu one place. One minister can take charge of about nine plantations, giving them instruc tion, preaching and catechising every second or third Sabbath ; preaching during the week when desired, celeWating marriages, visiting the sick and burying the dead. There are already two such assistants employed in my parish, and thus far the plan has succeeded admirably. Nearly all the planters here feel their responsibility for their servants,_ so deeply, that they have united to provide reguhir und frequent religious instruction for them bv good and competent teachers. In this way the servants are made accountable for themselves and the master is relieved from his most solemn responsibility in this respect. . . Nearly every plantation has adopted the plan, and by uniting, the expMise is very trifling, about one dollar per head, for all over four years ot age. ihe services of an educated man, (and none others are so well suited to the work,) cannot he obtained for a salary less than five or six hundred dollars. _ Some of the smaller plantations, in order to have as frequent service as the others, give rather more than a dollar apiece. _ As a church, we are laboring and praying for the conversion of the whole world, and we deem it but reasonable that the good work should commence at home. And masters, when they remember their accountability, and that they are 388 Mississippi, as a Province, to meet their servants at the judgment bar of God, readily concur with us. They acknowledge their obligation to provide for the spiritual as well as tempo ral wants of those whom God has entrusted to their care. I would further add, that the teachers employed will be under the constant supervision of the session of the Church, some of which are themselves planters in this neighborhood. Hoping to hear from you as soon as convenient, and to learn your views and feelings, as regards the subject in general, and also in reference to your own place in particular, I remain. Yours most respectfully and truly, B. W. Williams. The Legislature, as a matter of public and internal tranquUity, had found it necessary to prevent the manumission of negroes who were to remain in the State, the residence of an intermediate class between the slave and the owner having been found incompatible. But there was a growing feeling in favor of emancipation and colonization, and the example of the Maryland Society, and the writings, particularly, of its most active manager, the Hon. J. H. B. Latrobe, of Baltimore, had materially influenced public sentiment. Judge Jaraes Green, of Adams county, a native Mississippian, of Virginia parentage, emancipated by his will one hundred and fifty negroes, provided for their transportation, with one year's provisions and medicines, and a full supply of agricultu ral implements ; and his will was faithfully carried out by his heirs-at- law who Avere large slave-holders. Greenland, on the African coast, was the home selected for his people. The celebrated case of Ross and Ross vs. Duncan, et ah, and same vs. Vertner, etal. — Freeman's Chancery Reports, 587-702, mer its notice, in this connection, as iUlustrative of public sentiment in Mississippi, on the slavery question.* *Gen. John D. Freeman is a native of Cooperstown, New York. He came to Mississippi when very young, opened a Iiav office in Grand Gulf, (then a flourishing city,) and soon acquired a handsome practice, and was made Dis trict Attorney. He soon afterAvards removed to Natchez, and formed a partner ship Avith the Hon. J. S. B. Thatcher, (subsequently one of the Judges ot the High Court of Errors and Appeals,) and took position at once as one of the leaders at a bar distinguished for its great ability and Iiigh character. In 1841 the Dem ocratic State Convention nominated hira for Attorney Generah "With^ the Hon. "Wm. M. GAvin, (then one of tbe Democratic nominees for Congress, since Sena tor from California, and one of the ablest and most remarkable men of his times,) he made a thorough canvass, during which he defended the general issues of the party, and the action of the State on the Union Bank bonds, and challenged all comers to meet him in debate. His argument on this overruling question was mas terly and conclusiA-e. He encountered Messrs. Prentiss, George and J. S. Yerger, and other greatlegaland political lights, and the popular verdict was always in his favor. Some of his adversaries attempted what, in those days of dueling and the bowie-knife, Avas knoAvn as tlie "frowning down"- system, taking it for granted that so young and raild a raan, of northern birth, might be easily intimidated. But it was soon ascertained that Avith placid exterior and northern education, he had brought a courage firm as the granite of his native hills, and a susceptibility to affront or dictation not to be trifled Avith. Gen. Freeman Avas subsequently elected to Congress on the Union ticket, as contradistinguished frora the secession or separate state action ticket. He sup ported the coinpromise ineasiures Avhich, had they been respected, would have averted civil war. Since the war he has resided in Jackson, in the practice of his profession. During the occupancy of Jackson by the Federal troops, they sought out and burned his beautiful mansion, extenslA'e library, and costly furnittlre. No native son of Mississippi bas, under all reverses, and at every personal sac Territory and State. 389 August 26th, 1834, Isaac Ross, a native and citizen of Jefferson county, Mississippi, made a avUI to Avhich he, subsequentiy, attached four codicils of different dates. He died January 19th, 1836, leaving three heirs, Jane B. Ross, Isaac Ross and Margaret A. Reed.* The wUl of Isaac Ross, amended by the codicils, was substantially to this effect : 1. To his grand-daughter Adelaide Wade, he gave his cook, a Avoman named Grace, and all her children living at the time of his demise, unless the said Grace should elect, of her own free will, to go to Africa, in Avhich case she and her dhildren were to be transported there with his other slaves as hereinafter provided for. And then the said Adelaide, in lieu thereof, was to have an additional $2,000 besides her other bequests. 2. His aforesaid grand-daughter shall take charge of and maintain com fortably, during their natural lives, testator's negro man Hannibal, and his three sisters, and he gave to Hannibal $100, annually, for life, and to each of his sisters $50, annually. But should they elect to go to Africa, they shall be permitted to go with and on the same footing with the other slaves ; and should he so elect he shall be paid Avhen he embarks $500, in silver, in lieu of the aforesaid legacy. 3. Enoch, wife and children Avere to be conveyed free of expense, in twelve months, to the free State they might prefer, there to be manumitted and receive $500, in coin, or to Africa ii they chose, on the same footing with the others, and receive $500. 4. Excepting Tom, William, Joe, Aleck and Henrietta, and Jeffers, (who are to be sold as hereinafter provided,) all the slaves aged twenty-one and upward, within ten days after the groAving crop shall be gathered, shall be called together by the executors and the provisions of the will be fully ex plained. Those electing to go shall be sent to Africa under the authority of the American Colonization Society. And the remainder of his estate, real, personal and mixed, (excepting always the negroes whose names are men- mentioned above,) be offered for sale at public auction, one-half the purchase money to be paid in cash and the balance in twelve months. The proceeds of sale, and any money on hand or due, after deducting enough for the aforesaid legacies, to be paid over to the A. C. S., provided it will consent to appro priate it as follows, to-wit : 1st, To pay the expense of transporting to Africa to such of my slaves as may elect to go. 2d. To expend the remainder for their support and maintenance while there. 5. Should the slaves refuse to go there, they (except those that have been specially named) are to be sold, and the proceeds paid over to the A. C. S., to he invested at 6 per cent., the interest to be employed for 100 years, in main taining au institution of learning in Liberia, in Africa. If there shall be no government jn Liberia, the said fund to be transferred to the State of Missis sippi for a similar institution. rifice, been more faithful to her and her people, than this gifted son of NeAV York. Had he been a mere political bummer, he would have attained the highest and most lucrative positions iSider the reconstructed government, but he pre ferred private life and poverty to wealth and power, obtained by duplicity, and desertion of the people who, in their days of prosperity adopted him as a son. He is the author of "Freeman's Chancery Eeports," a Avork of acknoAvledged ability and authority. Gen. Freeman married the daughter of the late Hon. George Adaras, United States District Judge for Mississippi, and is brother-in-laAV of those distinguished Confederate officers — Gens. Daniel and "Wirt Adams. ^¦This lady, the accomplished daughter of Isaac Eoss, in early life, had prom ised her hand to Mr. Fry, a prominent young lawyer, but he Avas killed m a duel, opposite Petit Gulf, (Eodney) with Maj. Daniel Beasely, who shortly after wards fell at Fort Mims. She subsequently married Mr. Archer, a gentleman from Maryland, and after his death became the wife of the Hon. Thomas B. Eeed, United States Senator from Mississippi. 390 Mississippi, as a Province, 6. Daniel Vertner, James P. P.arker, Dr. Elias Ogden, Isaac Ross Wa de and John B. Coleman Avere appointed executors Avithout bond. After the death of Margaret A. Reed, James B. Ross and Isaac A. Ross, represented by Joseph Holt (so AveU known since at Washing- ington) and James B. Thrasher, (a northern man) filed tAvo separate bills in the Vice Chancery Court, one against Vertner, et al., executors of testator, and one against Butier and Duncan, devisees of Margaret A. Reed. The bill, in the first case, Avas based on the averment that the- pro visions or trusts in relation to the transportation of the slaves to Africa, Avere in evasion or violation of the policy of the State in relation to domestic slavery, and in fraud of the statute prohibiting manumission. And that the bequest to the A. C. S. was illegal and void, being for an iUegal purpose. The bUl against Butler and Duncan was on the ground of fraud, in that the devise Avas for a secret, iUegal trust, having for its object the manumission of slaves, etc. To both of these bUls demurrers Avere filed by defendants, repre- resented by Montgomery & Boyd.* The Vice Chancellor sustained these demurrers, and the complainants carried the matter before the Superior Chancery Court, Robert H. Buckner, Chancellor. The Vice ChanceUor's rulings Avere sustained, and the parties went up to the High Court of Errors and Appeals. Here the demurrers Avere again sustained, and the bills dismissed. "*"This was a firm of high rank. S. S. Boyd was a native of Maine, highly edu cated, and retained through life the habit of a student. He was a logical and de- monstratiA'e speaker, and deeply read in the learning of his profession. He never coveted office or sought popularity, yet no man comraanded more confidence and respect throughout the State. His associate, Alexander Montgoraery, was a native of Adams county, of lim ited education, but of vigorous and inquisitiA-e raind, and he liad been the pupil of George Poindexter and Edward Turner. He abvays desired to know the why and wherefore of every matter, great or small. He became an expert Avrangler, vei'y difficult to stump or head off from tlie main issue under a cloTid of witnesses or an avalanche of rhetorical pyrotechnics. He carried this reputation to the Bench. Judge Montgomery belonged to one of the most influential and exten slA'e families, with Avide spread connections over many counties. The family originated in the famous old ^WaxsaAV settlement, of South Carolina, and like most of the settlers there, Avere of Scotch ancestry, but had emigrated from the north of Ireland. They Avere originally in independent circumstances, affluent for those times, hut were robbed and impoverished by the British and tories. Alexander Montgomery, the first of the name known here, first removed to Tennessee, and thence to Mississippi. He was AvhoUy without means, but Avas a man of fine personal appearance, of much intelligence and indomitable firmness and energy. These Avere qualities that rarely failed of success in this then ncAV country. He r.apidly acquired property and position. He married first a daughter of Maj. Eichard King, and secondly Miss SAV.ayze, of highly res pectable families that came to Natchez in Spanish tiraes. He became one of the leaders of the P^epublican party; Avas, year after year, placed at the head of its legislative ticket, and was made Speaker of the Ilouse, and Avould have been made Governor, had he lived Iavo years longer. Hon. P. K. ^Iontgomery, of Jefferson, is his only child now living. Four of his brothers, "William, S.arauel, Eobert and Joseph, all men of fine sense and sterling char£icter, foUoAved bim to Mississippi, and laid the foundation of the very large and influential family of that name. They have been distin guished in the pulpit, at the bar, on the bench, in the public councils, and in the army. Several fell in battle in the civil war, and others greatly distinguished theniselvet as gallant and distinguished oflicers. Territory and State. 391 The court decided (Freeman'^ Chancery Rep. 587) : i. That it is competent for a slave-holder, during his life, to take his slaves to Liberia, or elscAvhere, there to remain free from the condition of slavery. 2. The right to dispose of property by will is as broad and comprehen sive as the right to dispose of it while living. 3. The statute of Mis sissippi regulating the manumission of slaves, does not prohibit, either in letter or spirit, a citizen from directing, by will, that his slaves be removed out of this State to Liberia, or elsewhere, even though con sequential or avoAved intention be emancipation. The right to eman cipate slaves is not destroyed by the statute. It is only qualified Avhen exercised within the limits of the State. 4. The court avUI not look beyond the act of moving slaves from the State to their place of destination, to see whether, by the laAvs of that place, emancipation Avould be a consequence of such removal, in order to establish a fraud upon the laws of Mississippi. Thus we have an authoritative exposition of the laws of Mississippi, on the subject of sla\'es, and the power of enfranchisement. And but for the mischievous interference and menaces of northern poli ticians and clergymen, in pursuit of poAver and pelf, raany slaves, after this decision, Avould have been transported to Africa from the South. Their concentrated efforts and gigantic combinations over whelmed the conservative element in the free States — fired the West, recently filled up by a foreign population, with the revolutionary cries of Europe, for freedom and equality, and brought on that fratricidal Avar, the bloodiest and most deplorable record on the scrolls of history. This defeat closed, for a series of years, Mr. Poindexter's pubhc career. He had been Attorney General, Representative in the Leg islature, twice Delegate to Congress, Judge, member of the Conven tion of 181 7 to frame the first Constitution, Representative in Congress, and Governor — in every instance elected by triumphant majorities. The Convention embraced many men of ability, but he threw all of them into the shade. No one can read his executive comraunications, or his Revised Code, Avithout noting the foot-prints of a master intellect. In Congress his career had been very distinguished. He was a fre quent debater, and usually grappled Avith the strongest men. On all the great issues of that day he made his mark, and in the great debate of 1819, that involved not only the reputation of General Jackson, but important international questions, and the complexion of political parties for the next decade, he confessedly took precedence. It was one of the most memorable and exciting debates that ever occurredin Congress. Mr. Clay, then in the meridian of his inteUect, popularity and influence, led in the arraignment of Jackson, aided by Mr. Cal houn and many of the most prominent statesmen. Mr. Poindexter led in the defence, and the national verdict then Avas that his argu ment was unanswerable. He returned to Mississippi Avith the Avreath of victory on his brow, and became the idol of the people. He had been triumphantiy elected Governor over a popular favorite, and had increased his popularity by his able administration. Yet a single clause in a law that he recommended, in relation to slaves, .offended the religious sentiment of a conscientious people, and they promptiy 392 Mississippi, as a Province, discarded him for a young attorney of northern birth and ordinary capacity ! He became sour and ascetic. Dyspeptic, rheumatic, indiscreet in many particulars, his first wife still living, his second in the grave, his son a vagabond, no wonder he grew cynical and morose. In one of his letters at this period, with a pardonable egotism, he says : "The Indians give no quarter, because they believe that they shall inherit the prowess and weapons of every adversary that they destroy. Perhaps the hatred and animosity I encountered may be explained in the same Avay."* He Avas too important a man, however, to be overlooked by politi cians in other quarters. And in 1822, Avhen the first movement was made to bring forward Gen. Jackson for the Presidency, a move ment Mr. Clay's antagonism to the General had greatly stimulated, if it did not actually produce it, Mr. Poindexter received the following letter from Major Wm. B. LcAvis, who then, and for many years, stood in a very confidential relation to the General — was, in fact, his most trusted adviser, f Nashville, October 10th, 1822. Dear Sir : At the last session of the Tennessee Legislature, resolutions were adopted, having for their object the recommendation of General Andrew Jackson as a suitable person to succeed Mr. Monroe in the presidency. These you no doubt haA'e seen. The friends of the General in this State calculate that Louisiana, Mississippi and Alabama, in the South, will pass resolu tions by their Legislature, of similar import to those adopted by our State, and they know of no one in your State, on Avhom they can rely with more con- "•¦¦The same thought, in nearly the identical words, wasntteredbyLordBathurst in 1721, in the House of Lords, when the Eight Eeverend Prelates in that body, with a single exception, voted for the deprivation and banishment of Bishop Atterbury, intellectually superior to them all. fAVm. B. LcAvis was a quiet, reserved, but well informed, observing man, of a diplomatic turn, and much addicted to political Avire-working. He was the habitual adviser and amanuensis of the General. Accompanied him to "Wash ington, and accepted a position as Auditor. In the subsequent competition be tween Mr. Van Buren and Mr. Polk, Maj. LeAvis preferred the former, and was subsequently evicted during Polk's administration. President Polk was said to be very pious, but he never was known to forgive an opponent. "When he be came President there was but one relative of Henry Clay in office. His son-in- law, the late Martin Duralde, Avas naval officer in New Orleans, a position with out patronage or political influence. His father, an opulent planter of Louisi ana, had been the friend and correspondent of Jefferson. The son was a man of nnexoeptionable character, had lost a large fortune by endorsement for friends, was a Whig in principle, but sided with the Democrats in favor of Texas annexa tion. I Avas then the editor of the Democratic' organ in New Orleans, and I suggested to the President that the retention of Mr. Duralde would be very ac ceptable to tbe ancient inhabitants of Louisiana ; a graceful homage to Mr. Clay, and be peculiarly agreeable to the Hon. Henry Johnson, Senator from Louisi ana, a whig, a Avarm friend of Mr. Clay and Mr. Duralde, but Avho proposed to vote with us on the annexation question. At that moment one of the nomina tions for the Cabinet bung fire in the Senate ; one vote was wanted to carry it thr ough. The President expressed much solicitude on the subject, and suggested antintervicAv with Senator Johnson. When it terminated the President said, wi h more empressement than usual with him, "gentlemen, AVrite to your friend that he is safe." The Cabinet nominee Avas confirmed by the vote ot Senator Johnson. Texas Avas annexed with the aid of Senator Johnson, Avhose term of office expired about that time. And then, without a Avarning, without a charge, or an explanation, Martin Duralde was removed. Territory and State. 393 fidence than yourself to effect that object, provided you entertain the same opin ion of the General's qualifications as the members of the Legislature of this State do. It is thought you will feel no unwillingness to assist in this under taking from the high opinion, it is believed, you entertain of his merits — and also from the known friendship that has long existed between you, and which, I am confident, is not in the least diminished on the part of the General. His friends have recommended him to the people of the 'United States as a fit per son to he the next President, Avithout even consulting his inclination upon the subject, nor has he any knowledge of the course it is expected to pursue to se- secure his election, but they entertain no doubt of his willingness to serve if elected. 'Tis thought that North Carolina will support the General's election, as it is known he is exceedingly popular in that State, and some influential men there have pledged themselves to have resolutions similar to those above named, adopted by the Legislature of that State ; and if Mr. Calhoun shall not be run by his friends, (aud it is believed he will not,) I think there is very little doubt but that South Carolina Avill also support him. Mr. Calhoun, I think, stands no chance to he elected, for the present, and of this he and his friends must shortly, if not already, be sensible. It is then calculated by the friends of General Jackson, that Calhoun, who is one of his warmest friends and admirers, to gether with his friends, will give him the whole of their influence. The same calculations are made, with respect to DeWitt Clinton, who, although he at this time belongs to the weaker party in New York, has unquestionably great influence in that State. But what is still more encouraging, it is discovered that the Philadelphians are coming out very handsomely in favor of the General; and most of the papers from the interior of Pennsylvania, and particularly those of Harrisbourgh, the seat of government, are supporting him. When we take into consideration the local situation of Pennsylvania, it must be viewed as the pivot on which most of the presidential elections are made to turn. If then, this State can be calcu lated on in the support of the General, no doubt can be entertained as to the result of the election. Indeed, I have uo doubt, nor have his friends here any doubt but that he will be the next President, for the scheme, so far, has suc ceeded far beyond their most sanguine calculations. If your leisure will permit, I shall be glad to hear from you upon this subject, and in the meantime, I have the honor to be. Very respectfully, your obedient servant, W. B. Lewis. Mr. Poindexter gave in his adhesion to the General, and was recog nized as one of his best friends. He had, however, now become a chronic invalid, crippled with rheumatism, at times incapable of walk ing, and passing most of his time outside of the State, in search of health. In 1828, while in Philadelphia, under the care of Dr. Chapman, Gov. Brandon, on the death of John G. Clark, tendered him the com mission of Chancellor. In declining the office on account of physical incapacity, his love of fame and of popularity crops out, and thoiigh then a mere wreck, it is evident the old fire still burned within : "Your favorable opinion of my conduct, public and private, derives additional value from your intimate acquaintance with both, during the whole period of my residence in Mississippi, commencing with your school-boy days, and continuing up to the present moment. If I have erred, in anything material for the last twenty years, it could not have escaped your notice and disapprobation." A pretty piece of white-washing. Sept 5th, 1828, he addressed from Philadelphia, along, able and artful letter to Gen. Jackson, in which, after an elaborate apology for not writing for several years, he says : 394 Mississippi, as a Province, Another motive was in the attitude in which you now stand before the coun try. I desired to avoid the implication of seeking to draw from your declara tions of your views in the confiicting doctrines, and subjects that now agitate the public, and thus commit you before hand — views that ought generally to be Avithheld until ofiicial duty require their p'romulgation. Grave opinions of men and measures should be cautiously declared. I would not presume, by any act of mine, to invite such disclosures, even by implication, nor seek to become the depository of sentiments which prudence demand should be held in reserve. The high estimation in Avhich I have ever held your claims to the gratitude of your country has undergone no change, amidst the calumnies by which you have been assailed, to the disgrace of the American press. My opinions do not readily change. Yet I have been compelled to relinquish the partiality I felt for Mr. Adams, and his cabinet, at the commencement of his administration. In the last election for the presidency, I should have voted for Mr. Adams in preference to any man, before the people, except yourself."* I regarded him as favorable to a strict and liberal construction of the Consti tution, and in favor of state-rights, to the full extent of the Eepublican doc trine. I also distinctly understood him to be against an extravagant tariff, and to confine his vieAvs stictly to a judicious selection of specified articles of for eign manufacture on Avhich duties ought to be laid to encourage home produc tion. I have been disappointed in him and his entire administration. '* ¦*" Whether he has foUoAved his own chart or been misguided by a master spirit, (a hit at Henry Clay, whom, of all men. Jackson most hated,) is matter of inquiry In 1829 the death of Thomas B. Reed occasioned a vacancy in the' Senate of the United States. The old friends of Poindexter in Missis sippi brought him to the front. But he Avas in Louisville, in the hands of a physician, and it was currently reported (and was probably true) that he Avas unable to Avalk. Notwithstanding these reports, his friends pressed him for the position, and he was brought from Ken tucky to his home in Wilkinson county. His principal opponent was Robert H. Adaras, of Natchez, who had come there, a fcAV years previous, frora Tennessee, and taken high rank at the bar. Mr. Adams Avas not a man of education, but had made himself a good laAvyer, and as a speaker was eloquent and forcible. He had taken an active part for General Jackson, and just before Mr. Reed died, had been elected to the Legislature from the county of Adams. The principle argument in his favor, among the Jackson men, was the physical inabUity of Poindexter. The friends of this gentieman urged his attendance at Jackson, but he persistently refused on the ground that he would not stoop to personal solicitation. This was a mere ruse. He had "stooped" to solicit the suffirages of the people, in successive campaigns for Congress and for Governor, and there certainly could be no degredation in repairing to the seat of government for consultation Avith his friends. The restraining motive, hoAvever, Avas his physical inability, Avhich he Avas afraid to exhibit. His friend, WiUiam Burns, of Natchez, thus announced the result to him : " The die is cast. The vote stood : Adams 24, Poindexter 18, Childs 8, B. J. Walker 2. The Speaker, Jo. Dunbar, and Haile, of your own county, voted for the latter. We counted on them for you through thick and thin. You lost Dunbar's vote on account of your health. He Avould not vote for Adams under any circumstances, and threAV aAvay his vote on Walker. As for Haile, he is a man of impulse, Avhose eccentrity defies all calculation. J. F. H. ,"»Adains, Clay, CraAvford, Calhoun and Jackson were the candidates before the people. , Territory and State. 395 Claiborne's vote excited the greatest interest. He and Adams Avere elected to the Legislature on the same ticket before the vacancy in the Senate occurred. The whole har of Natchez took strong ground for Adams. The citizens of Natchez, and a good many in the county, sent up a sort of instruction to Claiborne to vote forAdams. The Senator from this district Avas warmly for Adams. Claiborne is very young — they noAv say he is a minor — but he re sisted all these influences and cast his vote for you. Adam's friends swear he shall never he elected again, but he is very strong in the county, and Avill he hard to beat." Mr. Adams served one session in the Senate very creditably, making one speech, AA'hich Avas Avell received, returned to Natchez, and died 'of congestive chill in August, 1830. Poindexter had returned to Louisville for medical treatment, and on the Sth of September, Governor Brandon appointed hira to fill the vacancy. November 19th, his devoted friend, Lieutenant-Governor A. M. Scott (afterwards Governor of the State) Avrote to him from Jackson : "I have the heart-felt joy to announce that yesterday you were almost unani mously elected Senator. It was the proudest moment of my life, when as pre siding officer of the two houses, on joint ballot, I announced officially that you were duly elected a Senator of the United States. I have always said that the people Avere for you. and on this occasion they Avent so far that some of their representatives were instructed to vote for you dead or alive. Every mem'ber Avas at his post. General Dickson and Charles B. Green declined. Judge Childs alone had the hardihood to stand, assisted by Gen. Pray, of Hancock, and John Gildart, of our county. They Avere exceedingly active, and we have drawn black lines around them. You received every A'ote but six. Claiborne is the most delighted fellow I ever saAV. All your friends congratulated him. They made the issue of his voting for you in preference to Adams, against him in Natchez and the county, and Ave all apprehended his defeat, but he was re-elected by the largest majority ever cast for any one there." No man ever Avent into office more emphatically the choice of the people, than General Poindexter. They had learned to regret his defeat by Mr. Rankin ; to feel the Avant of his great experience and abiUty in the public service, and having elected General Jackson to the presidency, and seeing the powerful coalition against him, the people of Mississippi desired to send their ablest citizen to aid him against his enemies. This Avas reaUy the feeUng that elected Poin dexter to the Senate.* But, to the astonishment of every one, he gradually drifted into the ranks of the opposition, into the embraces of men Avho had been his inveterate enemies, and from those Avho adhered to him at the sacrifice of their own popularity. He became one of the most active and im placable enemies of the administration. Honest convictions raay have placed him in this attitude. It is likely, hoAvever, that he had anticipated a place in the Cabinet, on the election of General Jackson, and fancied himself neglected. His vanity and vindictiveness were strongly developed. It seems, too, for some unexplained reason, per haps for some distrust, he had not received the usual civiUties ten- "*Oneof his most devoted friends. Col. John A. Griraball, then Secretary of State, in a letter dated Jackson, Nov 20th, 1830, after warmly congratulating him on his success, adds : "The joy that your election affords rae is increased by the consideration that our illustrious chief magistrate will find his ablest champion in him who, in 1819, drove back and trampled doAvn a host of enemies." ^gS Mississippi, as a Province. dered to a Senator. The following characteristic letter is to the point : Washington City, Feb. 13th, 1832. Hon. Edward Livingston, Secretary of State : Sir : As an acquaintance of many years has existed betAveen us, a part of Avhich period our intercourse was of the most friendly character, and as a com peer iu the Senate of the United States, during its last session, I deem it in cumbent on me to state more particularly to you, ihe real causes, why I could not, without a sacrifice of the respect which I owe to myself, accept your card of invitation to dinner on the 10th inst. But for the high respect which I en tertain for you as an eminent citizen, and a patriotic statesman, I should not trouble myself with this matter farther than to decline the invitation. I have been three months in this city, and yours is the first intimation I have received of an intention on the part of those connected Avith the Executive Department of the Government, to extend to me any civilities whatever ! This marked neg lect could not have been accidental, and as I have been informed (perhaps erro neously) was the result of the knoAvn wishes of the President himself. Without feeling the slightest solicitude as to the attitude Avhich the Execu tive and his Secretaries may choose to assume towards me, in my public or private relations with society, this state of the case, left unexplained, will pro duce non-intercourse betAveen myself and tliose high officers of the government as at present organized, Avhile I remain a member of the Senate. I have the honor to he, with great respect. Your most obedient servant, George Poindexter. February loth, 1832, he addressed J. F. H. Claiborne, Repre sentative in the Legislature, as foUoAvs : My duties in the Senate have prevented me from carrying on a correspond ence except strictly on business. This will account for my not having written you, nor have I received a communication from you since I took my seat in the Senate. I now take the liberty to address you, for the purpose of en abling you to remove impressions Avhich have been attempted to be made on my mind, in regard to the attitude you have assumed toward me since I left Mississippi. I have received tAvo letters from Clinton, Avritten by persons well known to you, stating that you had become my open enemy, and had written several abusive articles in the paper of AndreAv Marschalk, a man known to me, and to you, to have been destitute of principle or common honesty throughout his life. I expressed to these gentlemen my doubts of the correctness of their information, and must be permitted still to doubt it, until I am assured of the fact by yourself. I have made it a rule through life never to depart from a friend Avithout giving him due notice of my intention, Avith the reasons that influence me, affording him a fair opportunity for ex planation. The friendship Avhich existed between your father and myself, during his life, and which I have ever cherished for your respected mother, with the solicitude I have ever manifested for your advancement, ought to have shielded me from any hostile movement on your part, for any act whatever, until you had satisfied yourself that it Avas not in my poAver to give a suitable explana tion. Not having heard one word from you as to any vote or movement of mine which gave you dissatisfaction, I confess it Avas not without surprise that I heard those publications attributed to you. It is impossible for you to know, at the distance of one thousand miles from this city, Avhat causes exist to govern my senatorial conduct in reference to persons or measures. And if in any respect my actions have not corresponded with your views of my public duties, it was your duty to inquire of me. So far as I may have dissented from the course pursued by President Jackson, I am able to justify every step which I havetaken. And I cannot see how any one claiming to be a citizen of Mis sissippi, can approve his attempt to invade the rights of the people of the State, Territory and State. 397 or censure me for resisting his encroachments. Believing that it is not in your disposition to sanction corruption in any form, I cannot doubt that were you in my place you Avould do as I have done. PROM J. p. H. CLAIBORNE TO HON. GEO. POINDEXTER. Natchez, March 8th, 1832. Dear Sir: Your letter of the 11th ult. reached me this moment, and I com mence my reply by declaring that, not a line detrimental to your fame or char acter has ever been written hy me. The ascription of articles in the news paper referred to, no matter hoAV inconsistent they be with my known opinions I sup]50se may be imputed to the fact that during the Presidential canvass' while in a law office here, at the request of the Jackson Executive Committee, its editorial columns Avere confided to me. You should have given, and I uoav ask you for the names of your informants, and I doubt not I shall be able to trace their correspondence to some selfish or vindictive motive. If I remember the articles referred to, they Avere based exclusively on your past career, not on recent events. Hoav then can you suspect me of such an attack, Avhen Avith a full knowledge of every charge made against yon for twenty years, and against my own personal interests, and in defiance of every kind of influence, intimi dation and cajolery, I voted for you on two different occasions, for the Senate, against my OAvn colleague, the leader of my party, and doomed myself to unrelenting hostility ? While, however, denying that I ever wrote a Avord against you, it is due to candor to say, that I have not and do not accord with your course in the Senate. If it be true that you have arrayed yourself against the administra tion, that you have denounced General Jackson, and avowed yourself a Nulli- fier in such a sense of the word, as would destroy the Union or involve us in civil war, to get rid of an unpopular tariff, if such be your position, then I state liow, as I have heretofore stated, I can no longer be classed among your friends."* Early prepossessions — hereditary friendship — admiration of your talents — - will no farther influence me. I am a young man, but my opinions on political subjects have been radically and deliberately formed. I imbibed them in the mountains of your native Commonwealth, and like the rocks on those moun tains they are not easily upturned. I am in the habit of expressing these opinions freely, and of defending them when assailed. I came into public life very young, and found arrayed against me most of those that had been your bitter enemies. The friend's of General Jackson stood by me, and the princi ples they inculcated were such as I had been taught in Virginia, and which you ahvays professed. I supported General Jackson because I believed that in his triumph our principles Avould triumph. Believing as I have ever believed, and do now, that he is pure ; that he is competent ; that he is firm ; that he is endeavoring to run the Government in its true constitutional groove; you may be assured that I have heard with the deepest regret of the position you have considered it your duty to assume. As one of your constituents, as a member of the Legislature who, at two ¦¦•I find in the Poindexter papers the following letter frora the eminent publisher ot Philadelphia: Philadelphia, Dec. 20, 1833. I am much pleased Avith your definition of Nuliirication, as not a right, but a remedy. I am convinced that this distinction is not unimportant, and believe that it wUl clear the minds of many. I beg leave to inclose you a currency scheme, Avhich I am also sending to Mr. Calhoun and Mr. Clay, and others. "With great respect, sir. Your obedient servant, E. Littell. To the Hon. Geo. Poindexter. 398 Mississippi, as a Province, successive sessions contributed his utmost to your election, and who would have shed his blood to sustain you, I say to you frankly, that the people of Missis sippi will never doubt the patriotism, competency or republicanism of Andrew Jackson ! Flatterers — closet politicians — visionaries — may tell you otherwise. For God's sake do not credit tbem. For your fame, and your future, turn a deaf ear to all such representations. If you haye abandoned the Administra tion, if you have exerted your great abilities to destroy the man we expected you to defend, and are in league with politicians who are against us in every thing, then, no matter hoAV short may be my life, I shall live to see the sudden and utter prostration of your popularity and influence. I speak candidly— yes, affectionately. You well know the feelings of my heart. I shall cease to folloAV your standard. Only yourself can make me your enemy. I have read volumes of detraction against you, Avithout having my constancy shaken. But if you acknowledge an abandonment of your ancient principles, as it is said you do, then I must no longer manifest my old attachment for you, however long it may linger in my bosom. These letters indicate the state of things in Mississippi at that time. There had been a complete change on the chess board. The party that elected Poindexter arrayed itself against him. His old opponents and revilers became his friends, and both sides believed that they Avere right.. There is no doubt, as heretofore intimated, that Mr. Poindexter's hostiUty to the administration Avas first occasioned by some disappoint ment or fancied neglect. But the pretext for the rupture, Avhich he had, doubtless, long contempleted, grew out of sorae land office ap pointments Avhich promised to be lucrative, and Avere eagerly sought after by some of his adherents — Avho, hoAvever, zealous in iiis support, Avere not classed as the friends of General Jackson. He first endeav ored to have one of these appointed Surveyor General. He apphed in person to the President, and Avas politely refused, for reasons which seemed to be satisfactory. But, Avith his usual pertinacity, he pressed the application in Avriting, and received the foUoAving reply; Washengton, Dec. 20th, 1830. Dear Sir : I have just received your note of this date in relation to he appointment of a surveyor for the district of public lands. South Tennessee. Your views correspond Avith mine and the practice of the Government in most cases, heretofore ; but they do not seem to have embraced the fact that the dis trict in question, includes Iavo States instead of one ; and that, therefore, an appointment, upon the principles stated by you, Avould not necessarily fall to Mississippi. Seeing that Louisiana would remind me of her claims as forcibly as you have represented those of Mississippi, it occurred to me that both, not being able to obtain it, would consent to relieve the President of the delicacy of a choice between them, and allow him to offer them a citizen every way qualified from another State. Another consideration, suggesting the propriety of this course, may be found in the fact that the public interest had been much neglected by the various removals and resignations, to which that office had been lately subjected, and the consequent necessity for the appointment of one who Avould certainly devote his whole attention and time to its duties. My friend. Col. Hays, combining all the necessary qualifications and having been, on various occasions, strongly recommended for ofiice by many distinguished citizens, has been selected and nominated for the oflEice in question. Should the laud district be divided and Mississippi be formed into a separate one, then the claims of the worthy gentleman you have named Avill be re spectfully considered. I have expressed my concurrence Avith your views generally as such Avhich must, in the main, influence the appointments. You must be sensible, however, that these views do not derive their force from any claim which the citizens Territory and State. 399 of any State can urge as a matter of right. These are national offices, open to citizens from all the States. They have been established for the public good, and must be be filled to that end. Very respectfuly, Andrew Jackson. A fcAV months thereafter, the President, under peculiar circum stances, appointed Samuel GAvin, a native of Tennessee, but a citizen of the District of Columbia, Register of the Land Office, Mount Salus, (now Clinton) Mississippi. Colonel GavIu had been for years a protege of General Jackson. He was the son of one of his most valued and confidential friends, the Rev. James Gwin, the pioneer of Methodisra in Tennessee. Both father and son had foUoAved his standard in many a sanguinary fight, and had risked their lives and shed their blood on the soil of the Mississippi Territory, to save our women and children from butchery. It Avas not supposed that the appointment of a gallant soldier, of unexceptionable character and qualifications, Avould be objectionable to the people of Mississippi. As a citizen of the District of Columbia, too, he had claims on the National Government. The Americans there are virtually stripped of their birthright. They are, substantially disfranchised. 'They are not represented in Congress, and have no voice in framing the laws that control their fortunes, their liberty and lives. They should be in effect, the true wards of the nation, and may be properly sent by the National Government into any of the States, to occupy federal offices, without Avounding the nerve of State pride. But Colonel GAvin shall tell his own story, in the foUoAving letter : Washington, Oct. 14th, 1831. Hem. George Poindexter, U. S. Senator : Sir : My recent appointment, Eegister of the Land Office at Mount Salus, makes it my duty to explain to you, why I sought the position, and to say something of my antecedents. I am a native of Tennessee, was a "volunteer under General Jackson in his Indian campaigns; Avas in Coffee's brigade in the assault and capture of Pensacola in 1814, and in all the engagements with the British below New Orleans. I lost my health by long protracted exposure, and to this day am a habitual sufferer. In 1829 the Postmaster General was good enough to give me a clerkship in his Department, since which I have never been absent a day from my post. My beloved wife is now threatened with confirmed consumption, and I am advised that the only hope for her re covery is to take her to a warmer climate. Under this advice, aud with this hope, and for the happiness of a young family, I submitted the case to the President, and, with the noble sympathies of bis nature, he conferred on me the Mount Salus appointment. bu ask indulgence. _ ... blood on her soil, in her defense,' as the records of our battles will attest. My venerable father, and six brothers, were soldiers of the Bevolution. The whole Tennessee delegation in Congress, a majority of the members from Kentucky, and the late member from Mississippi, Gen. Thonias Hinds, recommend my confirmation. Many citizens of Mississippi will unite in this recommendation. . I was introduced to you during the siege of Ncav Orleans, by my friend, Gen. Carroll, but you have probably forgotten the incident. I shall enter on my duties with a determination to discharge them faithfully, and to the satisfaction of the government and the people. 400 Mississippi, as a Province, When I applied for the place not a single application had been received from the State of Mississippi, though there were several from other States. Within a few days past, some applications from Mississippi have been made. I have the honor to be, Eespectfuliy, your obedient servant, Sam'l Gwin. This was an affecting, yet modest and manly letter. But Mr. Poin dexter, having (from personal pique, and for reasons that will be found hereafter in his correspondence Avith influential personages in PhUa delphia,) determined to break with the administration, made a terrible outcry over the nomination, and conjured up the bugaboo of states- rights — a name sacred, recognized and defined by the framers of the Federal Constitution, and in the debates in the several states on the adoption of that instrument; but so frequently prostituted to base purposes ; so often dragged, like the body of Hector, by some politi cal Achilles, around the walls of Troy ; so often rendered filthy in the mire of faction, it has ceased to be a source of inspiration or respect. In the mouth of a man Avho was then, and long had been preparing to desert his ancient creed derived from the doctrines of Jefferson, to enter into a coalition, in the interest of a gigantic and menancing monied institution, to intimidate and break doAvn the independence of the Executive department of the government, these words Avere sacrilege. But Mr. Poindexter rang the changes upon them in the Senate ; was supported there by men Avho regard state rights as a heresy; and in Mississippi by some Avho had been cowering and hiding in their comfortable homes when young GAvin was exposing his life, in a series of campaigns, on the frontier. Col. Gwin was by no means unacceptable to the people of Missis sippi — much more acceptable than most of those Avho were applying for the office. He was a man of amiable disposition and polished manners, of commanding presence and superior mind, and soon took a high social position. As an offset to the clamor of Mr. Poindexter, a memorial in his behalf, headed by the Hon. Powhattan EUis, Gen. Thomas Hinds and Robert J. Walker, signed by every Democratic member of the Legislature, and by one thousand of the most influen tial citizens, was sent to Washington. A number of distinguished gentlemen of the opposite party, such as George R. and J. S. Yerger, and Fulton Anderson, who had known him from boyhood in Tennes see, bore testimony to his noble character and qualifications. Mr. Poindexter Avas baffled, but he now thrcAV aside the mask, put on his war paint, and rushed over to the ranks of the opposition. More vindictive, perhaps, than any other senator, he Avas the peer of the brightest of them in ability. And he sought every opportunity to as- saU with all the vigor of his inteUect and the venom of his nature, the iUustrious man whora he had so Avarmly vindicated in 1819. His health had improved since his election to the Senate. StUl, physically, he was a mere Avreck ; but this seemed to have no effect on his mental powers and capacity for labor, nor did it moderate his temper. He became a marked man in the Senate, and his speeches Avere widely disseminated. He was not a man of education. He had littie fancy, and no partiality for rhetoric. He never quoted poetry or evinced any acquaintance Avith literature. There was no refinement in his Territory and State. 401 countenance or manner. His voice Avas poAverful, not melodious. He was a profound lawyer rather than a statesman — capable of arguing on both sides of a question, and of making the most of the side he adopt ed ; adroitiy covering up all his weak points ; concentrating all his efforts on the vulnerable points of his adversary ; Avorrying and tear ing and tormenting his victim, even when he had hira prostrate at his feet. His style Avas incisive and peremptory ; his manner dogmatic and overbearing. He had a keen appreciation of humor — told a good story — and his sarcasm bit like vipers. He never loved refined society; indulged freely in cards and liquor; Avas a habitue of the race track, and Avas seldom Avithout a quarrel on his hands. His personal courage has been doubted, but there is nothing in his history to sus tain the doubt. Until he became paralyzed and unable to visit the gaming table and race grounds, he Avas never tAvelve months Avithout a personal difficulty on his hands. In most of these, Avhere challenges passed, and no fight occurred, the correspondence shoAvs that he never yielded an inch. He occasionally made explanations, but he Avas contentious, and a stickler on every point of the established etiquette. Men of his irritable, domineering teraper seldora lack personal courage. In several of these affairs, after chaUenges had passed, influential friends intervened. The late Col. Wm. S. Hamilton, of Wilkinson county, Avho had been an officer in the United States Array, a man distinguished for his chivalry of character and delicate sense of honor, adjusted affairs of this kind for Poindexter, with Col. Ficklin, Gen. Joor, Maj. White, and Judge Hampton. But finally, AvhUe Poindex ter AA'as Governor, for some very insulting remarks made in a drink ing saloon, on a race-track, and reported to Col. Hamilton, he felt compelled lo challenge him. This challenge Poindexter refused, on the ground that he Avas Chief Magistrate of the State, and if he fought a duel, Avould not only violate the laws he had SAvorn to support, but subject himself to irapeachment. And one of his friends, a young man, one of his most violent partisans, served on him a Avritten notice that, if he accepted a challenge lie Avould demand his impeachment. This incident, at that time, by those who kncAV the relations of the parties, looked like a contrivance, and the documents that have been exEfmined make it certain. Col. HamUton insisted that a magistrate who wantonly provoked a difficulty, and inflicted an injury for which there Avas no remedy at law, Avas not exempt from the usual personal responsibility, if he refused to apologize for his conduct. And he persisted in his demand. Poindexter refused to apologize or fight, and appealed to Gen. Jackson, on the naked question, Avhether while Governor, he could properly fight a duel. Of course, the General, though not over-scrupulous in such matters, could only answer m one Avay. General Jackson did not knoAV, Colonel HamUton did not knoAv, but Mr. Poindexter knew very Avell that, when he held the office of Attorney General, and Robert Williams was Governor of Mississippi Territory, he sent a peremptory challenge to Governor WUliams, by the hands of Capt. Wm. F. Voss, an alderman and justice of the peace in the town of Natchez ! Governor WiUiams was a very blunt man, given to a rough manner of talking and writing, and he replied 26 402 Mississippi, as a Province, that he would neither dirty his hands or his public character with such a man. And in tAventy-four hours he deposed Captain Voss from his official pedestal. There was a terrible clamor and outcry against Governor Williams at the time, and the facts were perverted in the newspapers of the day, but he was unquestionably right. Mr. Poindexter had long been his violent enemy and traducer ; his tongue was unruly and licentious ; and his sending that chaUenge to the Chief Magistrate, while Attorney-General, should have been foUowed by his removal frora office. 1832-3. By this tirae Mr. Poindexter, the Senator from Missis sippi, had become an extreme member of the opposition, distin guished by the vehemence of his phiUipics against the President and his policy, and for his uniform support of every proposition intended to embarrass it. On the removal of the deposits, the investigation into the affairs of the United States Bank, the appointment of government directors and recharter of the institution, he Avent as far as the farthest in the in terests of the bank; and farther than any other Senator in his ascrip tion of irapure motives to the administration, and his personal attacks on the President, and on those most intimately connected with him. This course, so opposite to the opinions he had ahvays professed, and Avhich Avere distinctiy understood by those that elected him to the Senate, was at the time the subject of much animadversion, comment, and conjecture. The following letters, transcribed literally from the originals, published noAv as a Avarning to public men, may be con strued by each reader for himself : EROM SAMUEL P. CARSON, M. C. OP NORTH CAROLINA, TO GEORGE POINDEXTER.' Philadelphia, May 7th, 1832. My Dear Governor : I feel surprised, as Avell as mortified, that I have not received a letter from yourself, Mangum, Davis, and Daniel. I can't account for it. Mr. B. (Biddle) called on me yesterday, and said that he promised you a statement of the arrangements, etc., Avhich Avill be evidence in your possession of the nature of the arrangement. I told him I should certainly hear from you yesterday evening, and Avould call to-day. In this, hoAvever, I am disappointed. Do Avrite me immediately on receipt of this, and let me know the result of my application to my friends Mangum, Daniel, and Davis. From this letter it appears that Messrs. Nicholas Biddle, President of the U. S. Bank, and George Poindexter, Senator from Mississippi, had agreed upon an "arrangement," not yet perfected in all its de taUs, and the inference is obvious that Congressman Carson AA'as in possession of the facts, conversed confidentially Avith Mr. Biddle on the subject, and was in PhUadelphia himself to make an "arrangement," if he could get the friends referred to, to back him. The nature of these "arrangements" AviU probably be understood after reading the following : prom nicholas biddle, president op the u. s. bank, to senator poindexter. Bank op the United States, \ Philadelphia, May 15, 1832. J Dear Sir : I have had the pleasure of receiving your favor of the 13th inst.. Territory and State. 403 in which you apprize me of your wish to substitute the name of the Hon,.J. S. Johnson for that of Colonel ToAvson on the bill discounted for you. The neces sary instructions have been accordingly given to Mr. Smith, the cashier at Washington. prom the same to the same. Philadelphia, December 28th, 1832. I feel much obliged by tbe interest you are good enough to take in the choice of the bank directors. All that Are Avish is to have honest and respectable col leagues, and if any others are proposed Ave rely on your aid to exclude them. PROM the same to THE SAME. Philadelphia, December 23d, 1833. Dear Sir : You Avere good enough last year to give me notice of the nomi nation of government directors and to ask my views of it. Whatever my opinion then was, the conduct of these directors since has satisfied me that they ought to be rejected by the Senate. They have made themselves so completely odious that the other directors will hold no intercourse Avith them, so that they are entirely useless as members. They have, too, set themselves in opposition to the rest of the board, and if they are confirmed, it will be construed by them as a triumph — a triumph which the kitchen cabinet ought not to be alloAved to enjoy. If, therefore, you concur in this view I shall be very happy to hear of their rejection by the Senate. With great respect, yours, N. Biddle. To Hon. George Poindexter. These bulletins frora the bank brought about the desired result. The President nominated PI. D. GUpin, John T. Sullivan, Peter Wager and Hugh McEldery as government directors — "men," he said, "Avhose high characters and standing are Avell knoAvn to the community, and eminently qualified for the office to Avhich I propose to appoint them." The first of these gentlemen AA'as an emment lawyer, afterwards Attorney-General of the United States. The others Avere among the solid business men, and capitalists of PhUa delphia. They were summarily rejected, and Avith Mr. Poindexter's active assistance. 1833. By this time the bank Avas moving all its vast machinery, to produce pressure and panic, the faUure of traders and the suspension of State banks, in order to extort a re-charter. Ncav Orleans, and the South and West generaUy, were made to feel the power and re sentment of the bank. In New Orleans, at the very commencement of the season, Avhen the products of the West were pouring down the river for export, it caUed in its loans, refused accommodations and extensions, broke up domestic exchange, ran doAvn the price of pro duce, and transferred at one time a miUion and a quarter in specie from Ncav Orieans to PhUadelphia, to be used in gambling in foreign exchange. Mr. Poindexter was apprised of aU these criminal movements, and the object was to intimidate the government and compel a re-charter of the bank. December 29th, 1833, his brother-in-laAv, Mr. Wm. G. Hewes, cashier of the Commercial Bank of Nevv Orieans, an honest, conscientious and sensible man, thus addressed him : " Ours is one of the deposit banks. We have had to exert ourselves to the utmost to accommodate the public, under the heavy pressure brought about by the unnecessary curtailments of the United States Bank. I really wish it could be [permitted to die. Not ten merchants in New Orleans would shed a tear." 404 Mississippi, as a Province, Mr. M. AUen, a large manufacturer at Pittsburg, writes him a panic letter for exhibition, Avith this significant postscript : " Read the letter extensively, and to our recreant Senator Wilkins, who knows he' is misrepresenting his constituents. But don't give my name." I am a Branch Bank director." February loth, 1834, the editors of the Washington Globe gave a detailed statement of Mr. Poindexter's transactions with the bank, Avhich was controverted in some particulars, but resulted in establish ing the fact, shadowed by the foregoing correspondence, that in May, 1832, he drcAv at tAvelve months on the Hon. Sam. P. Carson for $10,000, and the bank in Philadelphia gave him the money on it. It appears, likcAvise, that he drew for the sarae amount on Colonel E. Towson, Avho declined accepting, and the name of J. S. Johnson was substituted, and the "arrangement" was made. These were equivocal relations for a Senator who had recentiy been elected as an anti-bank, Jackson Democrat. Mr. Clay, proud as he Avas, and defiant of public opinion, when he came forward as the champion of that bank, felt it due to himself, and to the course he was pur suing, to declare that he was under no pecuniary obUgations to it, and asked no favor frora it. But the Senator from Mississippi had placed himself in such a position that a branch bank director at Pittsburg, the same Mr. AUen, Avliom he had never seen, felt authorized to Avrite to him, February 26th, 1834 : "Van Burenism must be killed as dead as Jacksonism. Kill thera both, sir, dead! dead! dead! And then we business raen and manufacturers can expand. Hold on to the appropriations I Yes, sir, hold on to them ! Don't vote a dollar for the government !" A relative of his own, one Robert W. Poindexter, writes February, ist, 1834: "I ara extensively engaged as a merchant in Pittsburg. The accounts .you see of our suffering are not exaggerated. Should our Senator ( Judge WUkins, one of the raost eminent men in the United States,) return here, he would certainly be mobbed and prob ably tarred and feathered." ¦The foUowing arrogant letter (indicating another "arrangement,") is in the tone of one who feels himself master of the situation : PROM NICHOLAS BIDDLE TO SENATOR POINDEXTER. Bank op the U. S., Philadelphia, Feb. 22d, 1834. I duly received your favor, or rather one that I suppose was yours, for you had forgotten to sign it. I infer the writer from the frank, and the contents. In consequence of it I obtained from the proper oflicer a memorandum, but on examining it to-day, I perceive it will require some little change of form, and I must therefore postpone sending it till Monday. We are all delighted at the energy with which you and your friends are car rying on the Avar against those miserable people in poAver, Avhom, I think, you can utterly demolish before the session closes. March 21, 1834. The cashier of the Branch Bank at Washington recommends his nephcAV, B. P. Smith, for the clerkship of an investi gating committee which the Senate had authorized.* Mr. Poindexter had sold a plantation and negroes to Dunbar and ¦* One Jacob Bigelow, a notorious claim agent, applied also for this clerkship, which, it Wii.^ .supposed, Avoidd afford good pickings. I have no means of ascer taining Avlietlier the Bank protege or the claim speculator was the lucky man. Territory and State. 405 Enos, and held their paper for the same. It appears from the foUoAv- ing that he Avas in the habit of having it cashed by the Bank in PhUa delphia, whUe he' was vehementiy pleading for it in the Senate : PROM NICHOLAS BIDDLE TO SENATOR POINDEXTER. Bank op the U. S., Philadelphia, April 30th, 1833. I received yonr favor of the 28th inst. On examining the protest I observe that the reason assigned by the Notary is that " he Avent to sundry places in this city and inquired for "Messrs. Dunbar and Enos, and Avas informed that they were not in this city." It is probable that when these gentlemen return to Natchez they will take this bill up and pay it. D will be better, probably, to wait until we hear farther from them before we do anything here. The country is under great obligations to you for your prompt and bold movement against the (Jackson) Protest. Bely upon it the Senate is now the popular branch of the Government, and if you maintain your position the people will stand by you. None more steadfastly than myself. The opposition to President Jackson's indignant protest against Senatorial usurpation of Executive poAvers, made the protest on a bill of exchange a matter of indifference. 1834. This year, AvhUe still a member of the Senate, feeUng per haps a premonition of his downfall in Mississippi, Senator Poindexter was casting around for a residence somcAvhere else. And he was astute enough to "milk old Brindle" again before she went dry. Looking over the Avhole expanse of the Union, he fixed upon Avhat was known as "the Ward farm" in the vicinity of Louisville, the property of the United States Bank. The agent of the Branch Bank informed him he could have it cheap, on one, tAvo, three and four years, no payment for tAvelve months; and the parent bank would doubtless extend it to five years and make other convenient "arrange ments." "The purchase," says the accommodating gentieman, "shall be put on the most favored terms of mortgaged debts as to calls, which are now at the rate of 2;^ per cent, every sixty days, ff t/ie Bank is re-chartered satisfactory arrangements are. certain. " The foUowing letter calls for the rejection of two of the most emi nent citizens of Philadelphia, and made the first suggestion of a meas ure which the opposition immediately adopted— the rejection by the Senate of the nomination of Martin Van Buren who had been ap pointed Minister to England, and was then in London. This rejec tion made him President of the United States : Philadelphia, May 22, 1834. My Dear Sir : I have sent this evening, at the request of a friend, to Mr. Southard, the newspapers containing the attacks on the Senate by Henry Howe and others, which I really think ought to prevent the confirmation of any other signers to so outrageous and intolerant assault on that body. Mr. Vaux is a man not respected and a violent enemy of the Bank, and Mr. McAllister was rejected by the stockholders after serving one year on account of his conduct as a Director not at all connected with politics. I do not think that he should be appointed. Of Mr. Alley and Mr. White Ave know nothing and care nothmg. I believe myself that the thing which would do more than any other thing to raise the Senate, to alarm the mercenaries, and purify the public sentiment, w the rejediem of the Minister to London. If I were in the Senate, I would not listen for a moment to such a nomination. If men will desert their state, de- 4o6 Mississippi, as a Province, sert their constituents, and cling to the Executive, the Senate may well prove that the Executive favor is not a sufiicient shield for political subserviency. With great regard, yours, N. Biddle. Hon. George Poindexter. When this letter was Avritten the Bank of the United States was, and for some years, had been, insolvent, and Mr. Biddle's opposition to the directors nominated by the President was to conceal its true con dition untU a re-charter could be obtained. It had abandoned the legitimate operations of banking, and had become simply a machine to influence public sentiment by pressure and bribery, and to gamble in cotton and in stocks. When President Jackson felt himself bound to withdraw the public funds from its keeping, they were deposited in the soundest banks that could be selected. One of these Avas the Commercial Bank of Ncav Orleans. The following letter from the President of that Bank shoAvs the action of the United States Bank, and the persistent efforts it raade to erabarrass the Government, thus creating the business panic and pressure which it hoped to make available for its own ends. Mr. Hewes was the brother-in-law of Mr. Poindexter. He could not doubt the truth of his statement. But be ing a pensioner of the Bank, he stood up, day after day, in the Senate vindicating it frora the charge of interference in politics, and charging all the distress in the country to the Governraent : FROM WM. G. HEWES, PRESIDENT COMMERCIAL BANK, NEW ORLEANS, TO SENATOR POINDEXTER, MARCH 21ST, 1834. " The Bank in Philadelphia is endeavoring to crush us. I state this to you after mature reflection, and Avith perfect conviction of the truth of my statement. That bank has too much power for the peace and safety of the country. I have no special complaint to make of the Branch here. It serves me as well as it does others. But its last curtailment Avas made most rapidly and rigorously, and Avith certain and arbitrary regulations which have pro voked indignation even among its partisans. Our Senator Porter could not have defended the Bank had he been apprised of these proceedings. The State banks are doing all they can to relieve the community, but specie on the spot is demanded by the Branch here the moment a balance appears in its favor, and this is immediately transferred to Philadelphia. " The Deposit Banks, I see, are the subjects of constant assault in the Senate^, as though they had a corrupt understanding with and were the instruments of the government. I speak only for the Commercial Bank. Our weekly state ment is regularly published. You see our strength. Our specie equals our circulation. We only loan on short paper, very little of Avhich is renewable. The deposits are of some benefit to us. We loan freely on them, and yet could pay, deliver or transfer the Avhole at any moment. The transfer of the- Deposits from the Planter's Bank at Natchez to our Bank was the result of no bargain or understanding, political or otherwise, with the Government. I have never written a letter or received one, except the official notice advising us that the Planter's Bank Avas directed to place Avith us, on the 1st May last, '1250,000.. Since I left Washington in November last I have never received a communica tion from the Secretary of the Treasury, or from any one connected Avith the administration, iu office or ont of office. After the Deposits Avere removed from the Bank of the United States, and no Bank having been designated in New Orleans, I felt it my duty to put in a claim for the Commercial Bank, on the ground of its having been established for the construction of a great public- work, the city being interested witli us. I made no profession of Jacksonism. Territory and State. 407 No political questions Avere asked me. I had strong letters to the Secretary ; some from distinguished gentlemen opposed to the administration, vouching for our Bank and my oAvn character. Secretary Taney received me Avith much kindness, and gave us the deposits. We haA'e received and pay them pre cisely as Ave receive and pay individual deposits. The contract between us and the Treasury is open to the public." Thus, by an honest, practical business man, writing in confidence, were all the charges made by Mr. Poindexter refuted, but Avith this letter in his pocket he to the last moment reiterated his charge of a corrupt understanding betAveen the Treasury and the banks. Under its influence, he voted for the rejection of every man nominated by the President to take care of the interests of the government in the United States Bank ; voted for the rejection of Mr. Taney Avho, as Secretary of the Treasury, had pointed out its malpractices ; exculpated it from the charge of creating pressure and interfering in politics ; had per mitted it to dictate how he should vote on the nomination of a Min ister to England, and had so far become his master that he and his col league, (John Black) both voted, in the interests of Philadelphia, against the establishment of branch mints in New Orleans, North Car oUna, and Georgia. Such Avas the position to which bank influence had reduced the senators of the proud State of Mississippi. In a brief period this aspiring, colossal and corrupt corporation lay a huge, helpless Avreck upon the Avaters, leaving assets not sufficient to pay its funeral expenses. Its administrators brought suit against its autocratic President, Nicholas Biddle, for $1,018,000 paid out by him, or used by him, and no vouchers on hand to show how it had been used. Its own stock $3 5 , 000, 000, Avas entirely lost, and with it $ 2 1 , 000, - 000 belonging to other companies and institutions. Its marble palace Avas sold by the sheriff". True bills for fraud and corruption were found by the grand jury against the officers and managers of the bank. The insolvency and corruption charged against it Avere sustained in every particular, and noAv the institution, and the name, " at Avhich the Avorld grcAv pale," lives only in history — " To point a moral or adorn a tale." January 30th, 1835, President Jackson and several members of the Cabinet had gone to the capitol to attend the obsequies of Mr. Warren R. Davis, of South Carolina. Just as the President reached the portico from the rotunda, a young man stepped out of the crowd, ad vanced Avithin eight feet of the President, pointed a pistol at his breast, and pulled the trigger. The cap exploded— instantaneously he drew another, leveled it and it, failed to fire The cap again exploded. 'The President rushed at him Avith his cane, but, before he could strike. Lieutenant Gedney, of the navy, had knocked the man down, and he was secured and locked up. He Avas named Richard LaAvrence— a mechanic, out of employment, Avho had heard and read all the inflam matory speeches for the bank, attributed all the distress of the country, and his own want of occupation to the President, and his mind had become unhinged. He felt it his duty to rid the country of a tyrant, beUeved he Avould be applauded, not punished, and Avith the cunning of a monomaniac, deliberately planned and then waited for his oppor tunity. This Avas the opinion of medical experts, and of the public generally. 4o8 Mississippi, as a Province, Gen. Jackson ahvays believed that Lawrence had been tampered with, and led astray by some one, and for certain reasons his suspi cions pointed tOAvards George Poindexter. Many of the General's friends endeavored to remove this impression, but while declining to investigate the matter, or to give his reasons, he never relinquished his impression. Among Mr. Poindexter's papers are two letters squinting at assassination. The first is dated August ist, 1833, Avritten in Mississippi, from a man Avho Avas prospecting for a seat in Congress, and writer of a long letter, asking from Mr. Poindexter a loan or an endorsement, to ena ble hira to prosecute his canvass. Pie promises to signalize himself at Washington, by "caning the raembers of the Kitchen Cabinet, one after the other, and if necessary using a musket and buck-shot on the Kinderhook Dutchman" — (Mr. Van Buren.). He says "the country is ripe for this sort of redress, and tired of reraonstrance. Your friend , Avho attends the courts in seven counties, has talked the matter over with me." The next letter is dated Washington, Feb, 6th, 1834, from a Capt. Wm. Tharp, who seems to have been an army contractor, and had for some years been attempting to settle some unadjusted accounts. For his failure he throAvs the blame on the President, although in the body of the letter he insefts the foUoAving note, Avhich completely ex onerates the President, and shows that he had gone as far as the Ex ecutive can lawfully go in such cases : To Capt. Wm. Tharp : Your letter of the 30th ult. has been received. I hasten to answer it. The President is willing that you should have every opportunity of justice in the investigation of your claims, and can have no objection to your taking the tes timony of Gens. Gibson and Jesup, or any other officer of the army, or in having a copy of any record, in any of the departments of the government, that may relate to your claims. Andrew Jackson. July 2d, 1829. The accounting officers failed to adjust matters to Capt. Tharp's satisfaction, and he addressed a long and inflammatory letter to his friend, Mr. Poindexter. "I pray you interpose your authority as Sen ator to afford me justice and protection, and show to the Senate the abominable and ruinous persecution exercised tOAvard me by a tyrant. If one party has a carte blanclie to plunder and destroy the citizen, as Csesar, the citizen has a right to act the part of Brutus, and take sum mary redress." Suggestive Avords ! It is probable, that the known intimacy of Mr. Poindexter with des perate men like these, who Avere often seen in conference with him, occasioned the suspicion of his complicity in the Lawrence affair. In 1835 Mr. Poindexter's term expired, and it Avas knoAvn that he meant to canvass the State for re-election. It Avas obvious that to defeat him, Avould demand the utmost energy and highest talent. He Avould have the support of the Whig party, Avhich, as long as it existed, ni Mississippi, Avas formidable, compactiy organized, embracing a large Territory and State. 409 part of the Avealth, talent and moral Avorth of the State, aiming at a broad national policy, and steadily looking to the Ulustrious Kentuck ian as its leader and exponent. Amidst the wreck of State institutions, they considered a national bank the only reliable regulator of the currency, and as Mr. Poindexter had come over to them on that great question, and had distinguished himself by unusual activity, and Avas found uniformly voting Avith Mr. Clay, it was determined to support him to the exclusion of such men as Yerger, Anderson, Prentiss, Sharkey, and others in their ranks, Avho coveted the honor. It is due to this great and high-toned party to explain that they had not seen, and had no suspicion of the evidence Avhich has been hero published for the first time, that Senator Poindexter had become a pensioner of, and received his instructions on raatters of public poUcy, from the bank. There were vague rumors of transactions, but these were attri buted to the violence of party, and rather raised their sympathies in his favor. In addition to the formidable masses of the Whigs, he was supported by the NuUifiers, or state-rights men, who claimed hira ¦ as one of themselves. It is true, on almost every question in the Sen ate, he had voted Avith the most extreme men of the North, even on questions vital to the South, but so had other Southern leaders. . There Avas, at that time, as the journals wiU show, littie or no perceptible difference in Congress between a Southern NulUfier and a Northern Federalist, and so in Mississippi, there Avas a close coalition between the Clay Whigs and the Calhoun NuUifiers in support of Mr. Poin dexter, and for other objects. Gen. Thomas Hinds, a man of good .tense, but of limited education and ability, Avas anxious to be the candidate. He had a large and in fluential connection by marriage — Avas an affluent planter — had been delegate to Congress — had served a campaign against the Indians — had the rough manner and bronzed aspect of the soldier — and was still bright with the varnish of the battie of New Orleans. But it Avas clear that he wotUd be a mere pigmy in the grip of such a Avrestler as Poindexter. The late George Adams, then United States District Judge for Mis sissippi, and Wm. M. GAvin, United States Marshal, in a conversation on the subject of Parker's Hotel,* Natchez, agreed that Robert J. Walker would be the most available man, and almost the only man in the Democratic ranks who could meet Poindexter in debate. 'Walker was a Pennsylvanian, and claimed to have been the first man in the United States that nominated Jackson for the Presidency. He had arrived in Natchez, without a dollar, but by dint of great abUities and energy, and the support of citizens from Pennsylvania, then rich, nu merous and influential, he had obtained a very lucrative practice, and stood at the head of the bar.f The only objection to him Avas— first, he was but littie known to the people, and secondly, that on the removal of the deposits from the * Destroyed by the tornado. t Cob Jaraes C. "Wilkins, President Planter's Bank, Dr. Stephen Duncan, Pres ident Bank of Mississippi, the Gustines Minors, Davis, Stockmans, etc.. all from Pennsylvania, controlling vast capital and influence, Avere patrons of Mr. Walker. 4IO Mississippi, as a Province, Bank of the United States, he had groAvn weak in the knees, and crept over to the camp of the enemy. This, however, under the de lirium of the panic, many others had done. Mr. Walker had repented of his momentary weakness, and was anxious to be forgiven, and go as far as the farthest in defence of "the greatest and best." The tAVO gentlemen summoned him to their conference, and he wept like a child over the blunder he had committed, and said "the party" would never pardon him. A little soothing syrup was administered, and he agreed to encounter Poindexter, provided a letter of endorse ment from General Jackson could be obtained. He feared that he had committed the unpardonable sin, and he trembled under the dread of a sentence of excommunication from the political pontiff. Dr. GAvin undertook to manage this matter, and the next point was to get Gen. Hinds out of the way. Next morning Judge Adams set out for Jefferson county. How he contrived it is a secret he never dis closed. Hinds was characteristicaUy head-strong and stubborn, but the negotiator came back authorized to announce that he Avould sup port Walker.* These two gentlemen managed the whole matter. Dr. Givin speedily obtained a satisfactory letter from General Jackson, long known, and often produced as the "original letter," Avhich carried Avith it the authority of a verdict, and wherever it Avas seen, or read, or heard of, the faithful ceased to grumble and shouted for Walker. The Democratic party was at a Ioav ebb, at that juncture in Mississippi.! "•» Gen. Hinds never forgave thi,5 interference, and often referred to it as a "con- sxnraey." In 1840, on his return frora NeAv Orieans, General Jackson and suite stopped at "Vicksburg, the guests of Dr. Gwin, who on that occasion entertained a vast croAvd of people. General Hinds Avas present, got very tighr, and began to talk loudly to General Jackson, about the "conspiracj'." The old chief stopped him at once, put his hand on his shoulder and said, " Hinds, it is time you should go to bed," Avhich he immediately did. fin 1834 it had so dwarfed in the city of Xatchez, by desertions on the bank question, that it could not recruit raerabers enough to make a demonstration in support of the President. The United States District Court being in session, and, the jury having been drnwii from Jefferson, it wtis considered a good time to make a shoAving. But a Whig gentlemen of that daA', Mr. Charles E. Wilkins, member of the bar. shall tell the story. Writing to Poindexter, March Sth, he says : "A high-handeil piece of knavery avus attempted to to be played off here a fcAV days since by our handful of collar men. Finding the city tul'l of Jefferson county men, jurymen, and others In attendance on tbe Conrt, they improvised an anti-bank meeting in the Court House. At this stage the alarni was rung, and our citizens carae rushing inio the Court House by hundreds. At thnt moment J. F. H. Claiborne moved that Gen. Hinds take the chair. 'Xever, by G — d,' shouted Felix Huston, and 'No!' 'No!' No!' Avas the response from three himdred freemeu. Claiborne cried out, 'the ayes have it,' and took Gen. Hinds by the arm and es corted hira to the bench. He rose to spe.ak, but at that moment a light commenced. 1 don't kiioAV, and nobody knows hoAV, but S. M. Grayson Icnocked old Joe Dun bar down, and McNeill knocked Claiborne down, and General Hinds Avas hustled out of the chair. A call Avas then made for all in favor of tbe bank, and '"^^'ijnst the adrainisti-atien to retire behind the bar. Only ten remained inside. Claiborne addressing these ten, said: '"We are not allowed to use this Coupt House. 1 give notice that we Avill iissemble to-morrow, at 12 M., at John Holden's Tavern, at the race track. 1 will rent the room, and we Avill have the right to defend it.' Only one bank man attended that meeting, your friend, Dempsy P. Jackson. He was drinking a little, and swore he Avould' enter. Claiborne lev eled a double-barrel gun at him— said he Avould kill him if he advanced one step. Jackson attempted to draw a pistol, but Avas pulled back by Holden and others. Territory and State. 411 The United States Bank, and its branch at Natchez, had compeUed all the banks in the State to pursue the same policy of pressure and curtailment. The abandonment of the administration was the condi tion precedent to the slightest indulgence or accommodation to mer chant or planter. An absolute reign of terror prevailed, and apostasy at home found its example in apostacy in high places. George Poindexter and John Black, Senators, and Harry Cage, all elected as the special friends of General Jackson, and as anti-bank men, had gone over to the other side. Franklin E. Plummer, our other repre sentative, was vaciUating. Col. James C. WUkins, the most influential Democrat in the river counties, and the Hon. Charles Lynch, who held the same rank in the East, had publicly abandoned the adminis tration, carrying Avith them a host of foUowers. Lynch was a raan of large estate, quiet, discreet, a skillful manipulator, and was looked on as " a power in the State." Col. WUkins had long been an acknowl edged party leader. He Avas a great cotton factor. Very many citizens owed their fortunes to him. Thousands were indebted to him, and StiU more had to apply to him, or expected to apply, for pecuniary .assistance. He and his connections controlled, virtuaUy, the whole banking capital of the State, and at that era of expansion and specu lation, this Avas a prodigious power, especially Avhen exerted by men of ability and of high social position. Mr. Poindexter returned from the Senate Avith a plethoric purse, and the reputation of a R'oraan gladiator capable of crushing any opponent by a single bloAv. He affected a State Rights feeling in his opposition that sharpened the sword he wielded, and rallied around him many Avho admired General Jackson, but apprehended that he Avas indifferent to constitutional restraints. Senator Black had been elected frora the Bench as a thorough and reliable Jackson man. He had a reputation for solidity and sincerity, and his secession gave color to these apprehensions. Judge Cage, in his canvass for Con gress, had claimed to be the special pet or protege of General Jackson, whined about him Uke a child, and doted on him as a father. Liis desertion, it was argued, must have been occasioned by frightful dis coveries. Mr. Plummer had been for several years a leading member of the Legislature. He had been elected to Congress as the represen tative of Jacksonism, frora the eastern or pine-woods section of the .State, then occupied by small farmers, untainted by banks and uncor- rupted by wealth or the desire for it — a population as primitive and as pure as was to be found in the civilized Avorld. Yet this man— the representative of such a people— seeing the surging tide, the union of powerful leaders, the conspiracy of the banks, the clamor of the press, the unanimity and fury of the cities and towns, against the old hero, abandoned his cause as hopeless, and swam Avith the tide. He was the most adroit tactician in the State— as a cross-road and stump orator There Avas not more than twenty in the crowd, but they passed a set of inflamma tory resolutions." „ , _ i. aj. ^ r^ 'This afiair produced general excitement, and a call for a Democi-atic State Con vention. It assembled in Jackson in a short time, and Mr. J. 1. H. Claiborne, then in his twenty-third year, was nominated lor Congress from tlie State at Large, Avithout opposition. 412 Mississippi, as a Province, unequaUed— as a bush-Avhacker and log-cabin electioneerer unrivalled. Those who only knew him in his decadence as a defunct politician and a ruined man, can have no conception of his talents, and of the influence he exerted. At this juncture, too, the administration of Jackson was draAving to its end. The iron wUl that swayed the miUion ; the firmness that defied intimidation ; the inborn, incisive sagacity that detected the raost covert scheme to ensnare or delude — the popularity that enabled him to realize the boast of Pompey and raise up legions in his support — all these were soon, under the forms of the constitution, to vanish with this great man to the shades of the Hermitage. Martin Van Buren, of New York, had been designated as the Democratic candidate, and though a man of great ability, with the highest qualifications, he had no local popularity in the South, and was assaUed, as General Cass, Mr. Pierce and Mr. Buchanan were afterwards, as an abolitionist. In this era of apostasy the opposition had found an opponent for Mr. Van Buren in the Hon. Hugh L. White, Senator from Tennessee, Avho during a long course of public service, had justly earned the title of the Cato of the West. He had been the life-time personal friend, associate, coUeague and adviser of General Jackson. He had for years been the intimate friend of Mr. Van Buren, and they had almost uniformly voted together. Yet suddenly, and to the surprise of the whole country, he became the recognized candidate of the opposition.* With some reluctance the Democracy accepted Mr. Walker. It was not easy for those who had seen their printing offices assaulted, and their public meetings dispersed by violence and bloodshed, to accept as their leader, in the impending struggle, one Avho had gone to the enemy on the field of battle, and had witnessed these outrages in the community in Avhich he resided, Avithout any overt sign of dis approbation. But the "original letter" salved all this over, and it was acknoAvledged that there was no other man so able to encounter the redoubtable Poindexter. It was deemed prudent that Mr. Walker should leave Natchez, and indentify himself with the East. He, or his friend, Dr. Wm. M. GavIu (then the chief manager of the party) for him, purchased a large plantation on Pearl river, above Jackson, and "•--' Mr. Benton, Avho had been his close personal and political friend, for half a century, and chei-ished to the last a high appreciation of his integrity, iu his thirty years in the Senate, ascribes his delusion, on this occasion, to his wife. In extreme old age he had married a buxom widow, proprietor of a cheap boarding house, Avhere he had long been a boarder at East Tennessee prices. It Avas a monstrous stride from that position to the head of a rich Senator's table, and the ambitious lady Avas readily persuaded that she might become Mistress of the ^Vhite House. The coterie that hung about Senator "\Vhite were not Whigs, not Democrats, not State-Eights men, but a conglomeration of the three. They had originally been elected as Jackson men, but usually voted with his enemies, and though a mere corporal's guard, they aspired to the dignity of a juste miliea. These eccentric gentlemen operated on the good old Senator through his Avife, and in violation of all party discipline, and of the precepts and teachings of his Avhole life, he permitled hiraself to be a candicate after Mr. Van Buren had been regularly nominated. The "Whig party in the South concentrated upon him, and his high character, and the suspicion of Mr. "Van Buren's soundness on the slavery question, drew many Jackson men to his support. This Avas, particularly, the case in Mississippi. His nomination was the chief obstacle the Democratic candidates in Mississippi encountered. Territory and State. 413 he removed there into a log cabin, and from that central point issued his address to the people. The Union Democratic ticket Avas : For Senator, Robert J. AValker; for Governor, Hiram G. Runnels; for Congress, J. F. H. Claiborne, B. W. Edwards ; for Secretary of State, B. W. Benson; for Auditor, J. H. Mallory ; for Treasurer, Upton MiUer. The White-Whig State-Rights ticket : Senator, George Poindexter ; Governor, Charies Lynch; Congress, David Dickson and J. C. WUkins; Secretary of State, SUas BroAvn ; Auditor, John P. Gilbert; Treasurer, C. C. Mayson. The Van Buren Electoral Ticket was elected. The State Avas canvassed from one end to the other. Mr. Poindexter delivered numerous elaborate addresses, and Avouhl have made a bet ter impression, but for his extreme virulence against General Jackson and Mr. Van Buren. Like Paganini, Avho achieved some of his musical miracles on one string, he harped only on this therae, and slurred over great issues to indulge in malignant personal invective. The spectacle of his oavu political carcass, tomahaA\'ked, scalped, stripped of flesh and muscles, and gibbetted for public derision, seemed to have determined him to flay others in the same style, and he thoroughly dissected these distingiUshed men. This gave Mr. Walker his opportunity. WhUe vindicating them against the charges of Poindexter, he spoke Avith respect and venera tion of Judge White. All the candidates on the Democratic ticket pursued this policy. The candidates on the other side, with one ex ception, were extreme men. The exception was General Dickson. He was an early immigrant from Georgia— an eminent physician Avho practised extensively, and rarely ever collected a bill — had lived in and represented five different counties — had an extensive and influen tial connection — a man of imposing presence — full of information — a good talker and a humori.st. He made no speeches and Avould not squabble about politics. He received the entire strength of the com bination, and many votes from old Democratic friends. The result of this exciting canvas Avas : For Governor, Lynch 9,867, Runnels 9,441 ; for Congress, Dickson 9,823, WUkins 7,831, Claiborne 9,781, Edwards 8,297; for Secretary of State, Benson 7,960, BroAvn 7,605; Auditor, MaUory 10,813, Gilbert 6,214; Treas urer, Mason 6,821, MiUer 6,588. And an anti-Poindexter majority of members of the Legislature. This Avas the coup de grace from Avhich he never recovered. In November, 1836, he was boarding at the Mansion House, Natchez, and passed his nights for the most part at the gambling table. One night after he had lost heavily, and Avas someAvhat fuddled, he set out for his room, and opening a door, Avhich he supposed opened on a gallery, he was precipitated some twenty feet to the brick ban quette below, breaking the bone of his right leg in two places, dislo cating both ankles, fracturing the left leg above the knee, and receiving . severe contusions in various parts. Such an accident would have kUled raost persons of his years, but in a few months he was on his crutches. The day after it happened, a reverend gentieman caUed to tender 414 Mississippi, as a Province, Territory and State. religious consolations, and seeing him so badly crushed; said, "Gov ernor, what did you fall against?" "By G d, sir, I feU against ray Avill ! " Twenty days after this dreadful accident, in reply to some com mentaries that had been made, he dictated a long article overflowing, in every line, Avill gall and venom. The last years of his life were chiefly spent at the card table, and Avith bar-room companions, sneering at his former friends, and inciting the sectional hatreds which, in a few years, produced such bitter fruits. His mind was AveU preserved, and his latest ncAVspaper articles exhibit the ancient style and vigor. His countenance had assumed a harsh, suspicious and cynical expression, and his heart, could it have been revealed, was doubtless a whited sepulchre of dead men's bones. He had contracted the habit of looking frequently over his left shoulder, as though he heard unexpected and unwelcome footsteps. Were these spectres of a guilty conscience ? The vision of an innocent wife, blighted in her youth and beauty, by his shameful suspicions ; of a son driven from his household, to live the life of a vagabond, and die the death of a pauper — of bloody feuds — of friendships severed — of faith and covenants sacrificed for gold — all these doubtless came like chiding ghosts, to embitter and disturb his last days. Neither the rat tle of dice, the lucky run of cards, nor the jests and gibes of low associates, brought a smUe to his lips. His licentious eye, glazed and frozen, knew not the luxury of a tear. In the largest croAvds, almidst ribaldry and revelry, he felt the solitude and the torments of Prome theus — chained to the rock of his OAvn remorse ! Mr. Poindexter died in Jackson, September 5th, 1855. Note— Some time after the death of Mr. Poindexter, I applied by letter to his representative for his papers, with the view of writing his biography, but a gen tleman living in Jackson, Avho had been for the last tvelve months very much with him, and proposed to write his memoirs, Avas preferred. During the war this gentleman came to my residence at Bay St. Louis, and informed me that he was going to Europe, and oflered me the papers for $300 in gold. The terms were ac cepted. There are very many of these letters and other papers, referring to all his personal quarrels, and dealing very freely with the frailties of his contempo raries, during the whole of his public career. OHAPTEE XXXI. ROBERT J. AVALKER FRANKLIN E. PLU.MMER — WM. M. GWIN JACOB THOMPSON. OBERT J. WALKER was a native of Pennsylvania, and practiced law there a nuraber of years Avith some reputation, but little profit. He arrived at Natchez very poor, but found there a rich colony of Pennsyl- vanians, more or less related to him, Avho controUed a large capital, and with their aid he soon stepped into an extensive practice. He Avas a mere Avhiffet of a man, stoop ing and diminutive, Avith a wheezy voice and expressionless face, but like the French Minister Louvois, and our Amos KendaU, he concealed under this insignificant exterior a vaulting ara bition, seconded by great abilities and consummate cunning. General Jackson was in the Presidential chair, and, of course, his bold and aggressive policy provoked opposition, and party spirit everyAvhere ran high. Mr. Walker claimed that, at a public meeting in Pittsburg, he made the first nomination of Jackson for the presidency, and at Natchez he was immediately recognized as one of his leading partisans. In the meanAvhile his practice becoming lucrative, and having access to the banks, through his wealthy connections, he embarked in specu lation; purchased large bodies of wild lands (much of it of spurious title*) and sugar and cotton plantations and slaves, running up a debt of several hundred thousand dollars . Everything, hoAvever, went on swimmingly, untU the President issued his famous order for the re moval of the deposits, which brought about a sudden collapse of the credit system, and of those aaUio operated upon fictitious values. Mr. Walker Avent down with his brother speculators, and it is painful to re cord that his poUtical principles were wrecked at the same tirae. He suddenly became a croaker ; canted about executive usurpation, and affiliated with the enemies of the administration. He Avrote a letter to Hon. John Black, one of the Mississippi Senators, Avho had gone over to the bank party, approving his course. This enabled him to retain for a few years longer, Jiis extensive plantations and negroes. He contrived to borrow from the Planters' Bank, at Natchez, a large por. *The famous Bowie claims, for example, many of which the late Judge Isaac T. Preston, of Louisiana, Special Agent of the United States, reported as forgeries. 4i6 Mississippi, as a Province, tion of the sinking fund, which had been expressly set apart to pay the bonds issued by the State, then held in London. And when the money was wanted for that purpose, he refused to pay except in treasury warrants, worth less than fifty cents on the doUar! It re sulted in his evasion of tiie debt, though no man said more, or could speak more eloquentiy, of the inviolabUity of contracts ; and ia Am sterdam and London, Avhere many of our State securities were held, and this sinking fund transaction v/as unknoAvn, he was often quoted as the champion of public faith ! It Avas at this juncture, when our Senators, Poindexter and Black, had gone over to the bank, and the former had announced his inten tion to canvass and revolutionize the State, that, as has been stated in the preceding chapter, Judge Adaras and Wra. M. Gwin, casting about for a man for the crisis, fixed on Robert J. Walker as the man most capable of meeting George Poindexter. Adams had a personal aversion to Poindexter; Gwin had, naturally, never forgiven his un generous course towards his brother ; and by the promise of a letter of amnesty and recommendation from General Jackson, they ob tained Walker's consent. General Plinds desired to succeed Poin dexter, but they persuaded him to endorse Walker.* In due course of raail arrived the letter signed AndrcAV Jackson, really written by Gwin, and copied by AndrcAv J. Donelson, the President's private secretary, a shalloAv, self-iraportant personage, Avho was in his native element Avhen engaged in petty intrigue. Armed Avith this document. Walker went to our seat of government, still doubtful and irresolute, where he fell into the hands of Gen. H. S. Foote, a bold and fearless raan, who soon inspired him with his own courage. It Avas agreed that they should canvass the State together, for Senator and. Chan cellor; and Foote, to prevent all backing out, immediately announced him for a speech at Raymond. Walker invariably wrote his speeches, but once Avritten he never referred to the manuscript. Plis speech at Raymond was masterly, and at once concentrated the party upon him. He evaded all collateral issues, and confined himself to the questions betAveen General Jackson and Poindexter, dealing in fierce invectives against tiie bank, though he had only recently Avhined over it as Sterne Avhined over his dead jackass ! Whenever he Avas hard-pressed, as he often AA-as, by some Whig orator, Foote made a flank attack on the enemy, and thus enabled Walker to retain his position, or retreat in good order. Poindexter made a fcAV poAverful arguments, blended with ferocious denunciation of General Jackson and his advisers ; but he was physically incapable of foUoAving his adversaries over the State. Franklin E. Plummer likewise took a part in the contest, was an independent candidate for the Senate, but really in the bank and Poindexter interest. The banks furnished him Avith $25,000, and under his famous Avar-cry, " Plummer for the people, and the people for Plummer," he took the field, and Avas then, and at all times, a troublesome custoraer. He Avas the master spirit of the canvass in the opposition interest, but directed his efforts mainly against Governor Runnels, who headed the Democratic ticket, and in this he suc- "•¦ General Hinds never forgave Messrs. Adams and Gwin for this manoeuvre. Territory and State. 41 ^ ceeded. William M. Gwin was then United States Marshal, Avith a large income, and exerting great political influence— a man 'of high personal character, of an intrepid and manly spirit, of strong intellect deeply versed in human character, and Avith a wonderful faculty for organization. He directed the senatorial canvass, and supplied the means. Walker made the attack, and Foote, the Murat of the field, promptiy charged Avhenever there was the slightest Avavering in the ranks. Walker exhibited great abUity and versatility, extraordinary bottom for one of his insignificant make-up ; a marvellous genius for traps, _ ambushes and masquerades; Avas lavish in his expressions of devotion to the South and her institutions, and had a fountain of tears ahvays at his command. He represented Poindexter as having traitorously aUied himself Avith the great monied poAver of the North, Avhich had already ruined the South financially, and would next turn its batteries against our domestic institutions. Never, untU this can vass, had a sectional complexion been given to our political dis cussions. Mr. AValker, a Pennsylvanian, first introduced this mis chievous element, against the remonstrances of his Southern coadjutors, Foote and Gwin ; but he persisted, and used it effectuaUy, to alarm his hearers, a large majority of whom Avere planters and slave-holders. To him more than to any other man, do we OAve this crop of dragon's teeth, Avhich, in after years, sprung up into armed legions, and ended in fratricidal war. It AviU be seen hereafter, that he adhered to this mischievous line of policy after his election to the Senate. This great canvass resulted in the return of a majority of anti- Poindexter members of the Legislature, and in due time Mr. Walker was elected a Senator of the United States.* At this period Mr. AValker had become exceedingly poor ; the estates he purchased had been badly managed and never paid for ; the money borrowed from the banks had been expended, and Avas still due, or the liabihty had been evaded by professional ingenuity. He borrowed the money to get to Washington, and was undoubtedly the poorest member of the Senate. He Avas badgered at his house and in the lobbies by creditors, and his per diem was often hypothecated before it became due. His office exempted him from arrest, but some of these men took their seats in his hall, and refused to leave until he gave them an order on tlie Sergeat-at-Arms. Nevertheless, Avith unruffled exterior, he plunged into the tumult of politics. The leading ques tion was, the annexation of Texas, then a maiden republic, freshly garlanded with the glory of San Jacinto, coquetting with France and * In this canvass Avas first introduced the practice of sending political runners over the State — avant couriers to make appointments, circulate documents, and make cross-road and bar-room speeches. "Walker invented the plan ; the State Avas mapped out, and each runner had his particular district. The most noted of these was Major Isaac McFarren, now of California, a gentleman claiming to haA'e received a diploma at Albany during the days of the regency, and competing with the famous Dr. Puckett, of Brandon, for the title of the Talleyrand of Mississippi. To iWajor McFarren was assigned the southeastern or pine-woods counties. His adventures would fill a volume, and will probably be published with the proper illustrations. His reply when challenged for his opinion on the bond question and his " right hand of fellowship story," have become historical. 27 4x8 Mississippi, as a Province, England, but preferring to be the bride of the Great Republic. This great issue Avas dividing and reorganizing parties, and to this day its consequences are recognized and felt. That the new Senator from Mississippi took a prominent part is only saying half enough. He became the champion of the movement ; was constantly consulted by the Texas envoys, Messrs. Wharton and Hunt, and greatly distin guished himself as an orator and tactician. He voted steadily with the Democratic party, and took a leading part in the debates on the Independent Treasury, the graduation of the public lands, and the preemption system, the three great conserv ative and national measures of that day. AVith bad taste, and from motives not creditable, soon after he took his seat he provoked a controversy Avith Mr. Clay, a man venerable with years, and illustrious for his public services. But he achieved the Avished for notoriety, and the cross-roads politicians at home re garded him as the ale-house audience regarded Goldsmith's school master Avhile disputing Avith the parson : — "And still the wonder grew. That one small head could carry all he kncAV." In 1836 the slavery agitation— that poisoned shirt of Nessus which tormented us for so many years — assumed an alarming aspect, and was mischievously employed, for political purposes, by Northern fanatics and Southern extremists. There was a large majority in Con gress, representing all parties and sections, Avho, though differing more or less on the subject, were disposed to let it rest; but the incen diary press in the free States, the Charleston Mercury, the Crisis, at AVashington, and a few other papers in the South, insisted on agi tation. Up to this period there Avas a solid majority against interfer ing with slavery in the States, but that majority was broken by the de nial by Mr. Calhoun of the right of petition. On the presentation of one for abolishing slavery in the District of Columbia, instead of ad hering to the established usage of receiving and laying it on the table without reading or discussion, Mr. Calhoun moved instantly to refuse to receive it. His motion Avas rejected by 35 to 10, nearly every Democrat voting Avith the majority. Mr. AValker, a Pennsyl vania?!, voted in the minority, being too ultra a pro-slavery man to vote with Clay, Benton, Crittenden, Grundy, Kent, King, of Alabama, King, of Georgia, Linn, Goldsborough, and other Southern Senators, and Avith such conservative men as Webster, Buchanan, Clayton, Ewing, Hendricks, Southard, Wright, WaU, and others, Avho consti tuted the majority, and Avere for suppressing agitation. In the House of Representatives, about the same time, Henry L. Pinckney, of South Carolina, representative from the Charleston District, a man of distin guished character and illustrious lineage, proposed that aU petitions, on the subject of abolishing slavery in the District of Columbia be re ceived and referred to a select committee, Avith instructions to report ' 'that Congress has no constitutional authority to interfere with slavery in this District, because it Avould be a violation of the pubhc faith, unwise, impolitic and dangerous to the Union. Assigning such Territory and State. 419 reasons as may be best calculated to enlighten the public mind, to aUay excitement, to repress agitation, to secure and maintain the just rights of the slave-holding States, and of the people of the District, and to restore harmony and tranquility among the various sections of this Union." The question Avas divided. On the first proposition to refer all the memorials to a select committee with instructions, the vote was 1 74 to 48. On the second, "that Congress has no constitutional authority to interfere with slavery in the States," the vote Avas 201 to 7. On the third, "that Congress ought not to interfere with slavery in the Dis trict," the vote was 163 to 47. The committee soon made an exhaustive and very able report in conformity Avith these resolutions, Avinding up with the recommenda tion, "that, in future, all petitions, resolutions or propositions relating to slavery, or the abolition of slavery, shall, without being printed, or referred, be laid on the table, and that no further action shall be had thereon." Adopted by 117 to 68. The eleven slave-holding States Avere represented, at that period, by about one hundred members, and nine-tenths of these voted for the Pinckney resolutions. But a measure projected by a Pinckney, repre senting three generations of slave-holders, and supported by most of the representatives of the great slave-holding districts, was not ac ceptable to the Pennsylvania statesman representing Mississippi in the Senate. He affected to consider it a surrender of Southern rights, as sailed the North in fierce invectives, and greatly contributed to array one section of the Union against the other. This vi'as a mischievous pohcy, and sorely have we felt its consequences . Mr. Calhoun had, at that time, in Mississippi, a strong following. Most of his friends had opposed the election of Walker. And, as he was a politic man, who usuaUy counted the effect of measures upon himself, it is likely he affected ultraism, to concUiate Mr. Calhoun, and his friends. Some of the Southern representatives, natives of the South, and large slave holders, who voted for the Pinckney resolutions, and the right of peti tion, were denounced as abolitionists, while the Pennsylvanian Avas applauded by the multitude in Mississippi, as the most othodox of statesmen. On all the other great measures that followed, he displayed industry, talent of a high order, and consummate tact. On the death of Presi dent Harrison — as pure a man as ever reached that station — Mr. Walker soon obtained the ear of President Tyler, who was a man easUy flattered. Mr. AVise and his corporal's guard, the whole strength that Mr. Tyler could then command, were soon reinforced by Walker, the most adroit manipulator then in public life. Mr. Tyler had been an opponent of the bank on constitutional grounds; he had afterwards consented to run for Vice-President on the nomination of a party pledged to recharter the bank. In his first message, after the death of Harrison, he used language which was construed as favora ble to a recharter. But he subsequentiy vetoed the bUl, which had passed by a large majority, and squarely resumed his original opinions. Mr. Walker was often clo.seted with him during this period of incuba- 420 Mississippi, as a Province, tion. He stimulated, if he did not inspire the veto, that astounded and paralyzed the Whig party. He was apprized of it weeks before it appeared, and so informed, confidentiaUy, the Avriter of these annals. He whispered in Mr. Tyler's ear the dream of the Presi dency, and his organs in Mississippi were instructed to play, and did play that tune. Mr. Tyler yielded to the tempter, and returned to his first love. This administration was fruitful of important events, and Avas quite as democratic as though it had been elected by party machinery. The great Whig party, brilliant with statesmen and orators, had been completely jockeyed . No wonder they denounced Tyler; but had they been in the secret, AValker would have been the chief subject of denunciation. He was the Delilah that sheared the locks of Sarason. SUent, subtle, capable of the deepest plots and most intricate complications, he whispered Democracy and the Presi dency into the ear of Mr. Tyler, while he Avas playing for the glitter ing prize himself. Expert as Senator Walker Avas in this line, and thoroughly unscrupulous when he had an object to accomplish, he nevertheless had a master. Not his equal as a scholar or an orator ; not versed, like him, in the learning and strategy of the laAv ; but equaUy astute, far more practical and resolute ; blending a rare combination of sagacity, energy and firmness, Avith courage equal to any emergency ; a man trained in the best political school, long in close communion Avith the great statesmen of the Democratic party, Avho had then, and has since, taken part in many important movements, and is intimately acquainted Avith the secrets of parties, and the motive-poAver of great results. WiUiam M. Gwin, late Senator from California, is the person referred to. To avenge the injustice done by toindexter to a noble brother, he had caused the election of AValker to the Senate, and he Avas his constant adviser and prompter in that body. Mr. AValker was an impulsive and spirited man ; but Avas versatile and unstable, and required some stronger and more inflexible nature to lean upon. He found that support in GAvin, and became, in fact, his puppet — an automaton moved by a stronger will, and so continued until Walker retired from the Treasury Department Avhere he had been put, mainly, by the instrumentality of others, and not by the desire of President Polk, who feared his intrigues, and was jealous of his abiUties. AVith the acquisition of Texas, Oregon, Ncav Mexico and California, and the great question springing therefrom, Mr. AValker's name and fame are inseparably connected. He displayed in the discussions very marked ability, and pressed them with untiring energy. Unfortu nately he could not resist his propensity for speculation in lands and mines, and this cast a doubt over his motives. Mr. Walker had been elected to the Senate ,as a Van Buren man by the Jackson-Van Buren party of Mississippi. He had defended him at aU points and extoUed him to the ¦ skies. But he was among the first to abandon him, and took an early and a leading part in the intrigue that placed James K. Polk in the Presidency. Indeed, that event may be attributed more to him than to any one else. Mr. Van Buren, like Mr. Clay, was opposed to the acquisition of foreign terri tory. Both predicted the consequences that have occurred. Either could have reached the chief magistracy by surrendering Territory and State. 421 honest convictions to the popular clamor for annexation, but they had rather be right than to be President. Mr. AValker, more politic and less conscientious, issued his celebrated letter in favor of annexation that gave him for aAvhile a great reputation, and an enthusiastic foUoAv- ing. Having engrafted the tAvo-thirds rule in the Democratic Conven tion, and thus secured the nomination of James K. Polk, a compara tively unknoAvn man, over Mr. Van Buren, it followed that he should be invited into the Cabinet. Mr. Polk desired to make George Ban croft Secretary of the Treasury, and AValker Attorney-General, and he adhered to this slate, with characteristic obstinacy, until AValker was induced to refuse the Attorney-Generalship, and there was likely to be serious complications. Mr. Walker even then had ' ' Presidency on |the brain," and he was ambitious of the Treasury from the vast patronage it carried with it. The veteran intriguer, Simon Cameron of Pennsylvania, (then a leading Democrat,) with Wm. M. GAvin, A. G. Brown, and Col. J. D. Stevenson,* for his lieutenants, soon brought about a neAV combina tion by which Bancroft was made Secretary of the Navy, and Walker placed at the head of the Treasury . f He filled the position Avith great ability. He supplied the means for carrying on the Avar Avith Mexico, and his reports, strongly flavored with free trade opinions, Avere quoted and applauded by the anti-pro tectionists in the British parliament, and in some instances, re-printed. His official labors were protracted and intense. When engaged in writing and compiling his reports, he seldom went to his house, but took a scanty meal in his office and sat up until two or three o'clock, A. M., surrounded by Bureau officers, clerks and stenographers. He fiUed aU the offices in his gift, from the highest to the lowest, with his own creatures, and with the vievv to the increase of his patronage and power, he insisted in the Cabinet on the retention of all Mexico, as fast as it was conquered, as an appanage of the republic. In this, as in most of his ambitious projects, he found an opponent and a rival in that trained and wiley old politician, Wm. L. Marcy. They were in constant antagonism, the other members of the Cabinet being, in those discussions, mere negatives.. The President, constitutionaUy timid, was afraid of Walker's eccentricities, and was constantiy bullied by Marcy. Had the old New Yorker been out of the way, Walker would * Commanded the first regiment sent to California. tMr. Bancroft's nomination, for some reason, hung fire in the Senate. The President had become exceedingly nervous. At that juncture the Avriter called on him, and suggested an interview between the President and the Hon. Henry Johnson, Senator from Louisiana. Mr. Johnson was a Whig, a warm friend of Mr. Clay, but was inclined to favor annexation. I informed the President that the then Naval Officer of New Orleans, the late Martin Duralde, (son-in-law of Mr. Clay,) a man of high character, Avas the particular friend of Senator Johnson, and that he would consder his re-appointment a special personal favor. The interview took place next day-sentiments liberal on both sides were exchanged— the o»e vote wanted to confirm Mr. Bancroft was given— Mr. Johnson likewise voted with the Administration on the Texas question. „ ,, .,. ^ When leaving the President, his last words were : Gentlemen, write to your friend to have no anxiety— he shall be continued and re-nommated But as soon as the favorite measures had been carried, Mr. Duralde was, without notice or charges, summarUy dismissed/ He Avas the only relation of Mr. Clay in office, and it would have been a graceful act of homage to that great man to retain him. 422 Mississippi, as a Province, have carried his points, up-tripped Polk, and secured the succession. The rivalries caused the nomination of Franklin Pierce, a man of noble attributes, but never thought of until his name was sprung upon the Convention. Mr. Walker expected high position under the new Administration, but there were controlling elements about it not favor able to his ambitious schemes, and he resumed his profession in the Supreme Court at Washington. If ambition for the Presidency had governed his appointments whUe Secretary of the Treasury, it must be recorded to his honor that he came out of it a poor man. He had gone to Washington first in 1837, greatly embarrassed by his own debts and by endorsements. In one single instance he was endorser to the amount of $150,000. As a laAvyer however, he was unrivalled for his skill in finding his way out of these liabiUties, and it was often. his boast that he had never paid a dollar of them. When Mr. Buchanan was casting about for his Cabinet, he was Avarmly urged to make Mr. Walker Secretary of State. A circular went the round of the Senate just as we recommend a postmaster, but Mr. Buchanan was a cautious, circumspect man, and Avas afraid to trust his impulsive friend, who would, in all probability, have sought a foreign Avar to silence our domestic embroilments. He gave the portfolio to General Cass, who to constitutional timidity added the infirmity of age, but still dreamed of the Presidency, and saw in this new position an easy road to it. Little did any of them heed the sub terranean fires then burning, soon to break out in violent eruption. Mr. Buchanan proposed to send Mr. Walker as Governor to Kansas, a place at that time full of peril and responsibUity, not at all desirable to an aspiring politician ; and he had the address to persuade him that with his popularity and eminent talents he could settie the controversy, restore harmony and peace, make himself the benefactor of his coun try, and be called by acclamation as his successor. Mr. Walker grasped at the vision, and though his best friends advised, and his most excel lent wife implored him not to accept, he yielded to the temptation, and made a failure. He was by no means the man for the position. Though a man of great talent and personally brave, he lacked stability, and firmness of purpose. He required a stronger man to lean upon, some man of sagacity and indomitable will. His course was vascillat- ing and unsatisfactory to the Government, and to the people. He ceased to be a conservative and identified himself with the Radical mob. He Avas denounced at the North by conservative men, and in the South as a Radical, and, in fact, lost reputation as rapidly as he had won it in former days. He returned to AVashington extremely embittered with the President, and resolved to make war upon him. He became intemperate in his denunciations, and equaUy so in his. habits. FinaUy, after much manoeuvering. Senator Gwin got the two ci-devant friends together, and they fell into each other's arms and blubbered and drivelled mutual apologies. But to the last hour of his life, whenever Mr. Walker indulged too much, his disappointment and hatred of Buchanan cropped out into savage expletives. When drinking, Mr. Walker became quarrelsome and pugnacious. On one of these occasions, when the case of the new Almaden mine (in Avhich Territory and State. 423 he Avas a stockholder) was before the Supreme Court, he took excep tion to the argument of the Attorney General, (Jerry S. Black,) and chaUenged him. Of course, his ofiicial position and his religious sen timents prevented Mr. Black from taking any notice of this absurd demand. In his professional life, after his retirement from the Treasury, his practice was chiefly confined to a fcAv large cases with heavy contin gent fees, and he thus became associated Avith a class of reckless and sometimes not very clean speculators, more or less to his injury, though sometimes profitable. Among these he got as a fee an interest in the celebrated ' ' New Almaden quicksUver mine," in CaUfornia. After protracted and ex pensive litigation his party won it, but the defeated party refused to give possession, and military preparations were made on both sides. A compromise, however, was effected by alloAving a million and three- quarters for a peaceable relinquishment. Mr. Walker disposed of his interest for near $500,000, and was about that time appointed by President Lincoln, on the recommendation of Secretary Seward, Financial Agent in Europe for the United States. The main object of his mission Avas to discredit the Confederate States, and cripple their efforts to obtain money and recognition. In this he fully suc ceeded. Forgetting that all he Avas he owed to the generous people of Mississippi, Avho had lifted him from poverty and obscurity, he de nounced her for repudiating just debts, and implicated President Davis, who had never had any connection, direct or contingent, with the subject. But while Casca Uke, stabbing his best friend, he forgot to mention that the Sinking Fund, which had been set apart for this very debt, he had contrived to borrow, and afterwards refused pay ment except in depreciated warrants. The spirit of nationality might properly have induced Mr. Walker to adhere to the Federal Govern ment, but he should never have accepted a service directly against his early benefactors and best friends. On this mission Mr. Walker ap peared in great state. He traveUed with a large retinue of attachees and servants, with the air of an imperial prince. How much of the public money, and how much of his own he expended in this pagean try, it is needless to inquire. This suddenly acquired fortune melted rapidly away, and the great financier, after this last crusade against his early friends, is understood to have died in embarrassed circurastances. He was indebted to Mississippi for his earthly honors, and it is painful to record that his last energies were earnestiy employed to crush and destroy her. Franklin E. Plummer Avas a native of Massachusetts. Before he was twenty-one, he worked his way on a saiUng vessel to Ncav Orleans. His possessions consisted of a wallet of clothing, and five doUars in cash. WhUe stroUing around, nibbUng some hard tack for his dinner, he feU in with Capt. Brown, who was running a small schooner on Lake Pontchartrain, who told him there were some Yankees in Pearl- 424 Mississippi, as a Province, ington. Miss., and offered him a free passage. At Pearlington he found Messrs. Pray and Learned, lawyers frora Maine, Samuel White, L. Kimball and other Ncav Englanders, all of them prosperous and in fluential. By their advice he set out, on foot, for the new county of Copiah, Avhere he took up his residence Avith John Coor, the first sher iff of the county, and there opened a log-cabin school. The first functionaries of our new counties Avere plain people, often unlettered, who kncAV but little of their official duties.* Plummer had such edu cation as the common schools of New England at that day afforded. He could read, Avrite and cipher up to the Rule of Three. He had push, shrcAvdness and the "gift of gab," and Avas considered at that time, and in those ncAv settlements, a walking enclyclopedia. "The country all declared hoAV much he knCAV, , 'Twas certain he could write and cipher too; Lands he could measure; terras of tides presage. And eA''n the story ran that he could guage ! In arguing too, the parson OAvned his skill. For ev'n tho' vanquished he could argue still, "While Avords of learned length and thundering sound. Amazed the gazing rustics rang'd around !" It was not long before Plummer became virtually sheriff, clerk and county judge, though the commissions of course, were held by three respectable citizens. What noAv constitutes Copiah and Sirapson, Avas then embraced within the limits of Copiah. A year or Iavo later, Pearl river was de clared to be the dividing line, and a new county, called Simpson, was organized, and the seat of justice located at Westville. Plummer saw his opportunity, squatted hiraself at Westville, and stuck out his shin gle as attorney and counsellor-at-law. His library consisted of Poin dexter's Revised Code, a pamphlet copy of the acts of the last legis lature, and one volume of Blackstone on crimes and misdemeanors. If he had ever read anything else he kept it a secret, and nobody ever saw him reading. He spent his tirae among the boys, in the crowd, and on the steps of the courthouse, but when the courts came on he was found employed on one side of every case, and to the astonish ment of older lawyers, and of the Judge, he was generally on the winning side ! He talked fluently ; his manner Avas insinuating; his smile irresistable; his good humor contagious; he kncAV his jury; fathomed the depth of the judge, and had the most consummate audacity. His career at the bar Avas short, but no man was ever more successsful. Of course, he extended his reading as his practice in creased, and in several counties heNvas soon employed in nine-tenths of the cases. Tavo men quarreled about a Avill, in a neighboring county. One said, "I AviU sue." The other replied, "sue and be d — d I" They separated. Each started for Plummer by different roads, and faced each other at his ofiice at the same moment. Each claimed him as counsel, but he made them decide it by pitching up a dollar — heads or taUs ! And he who Avon, paid him the fee. As a matter of course he was the first representative from his county. "*I served my first session in the legislature Avith a worthy, modest, sensible man, who had been sheriff of his county, but could neither read nor Avrite. He served several times in both Houses, and was never defeated. Territory and State. 425 He was elected as often as he chose, and soon became the leader in the legislature of Avhat Avas, in those tiraes, almost a distinct political organization, knoAvn as East JSiississippi. He raade hiraself raaster of parliamentary law, and could embarrass the House or disentangle it, at his pleasure. This, Avith his free and easy Avay of speaking, and his imperturbable good humor, made him both a popular and influential member, Avielding more power than men of higher grade and culture, or than all of them combined. In 1829, to the surprise, not to say dis gust, of the old politicians, he announced himself for Congress. The candidates Avere AVm. Haile, (late member) of AVUkinson, AVm. L. Shar key, of AVarren, and John H. Norton, of Hinds. They regarded it as a greatpiece of impertinence in Plummer. Buthe cooly took the stump, and routed them Avithout difificulty. It was on this canvass he played off a good joke on Monsieur Parisott, Avho had opened a hotel at Benton, Yazoo county. Mr. Plummer put up there; made free use of the bar; invited many friends to drink and dine Avith him ; made his speech and ordered his horse. Parisott had the bill in his pocket, attended him to the door, intending there to present it, Avhen Plum mer caUed out to the crowd, "Attention, Gentiemen!" Before leaving Benton I desire publicly to acknowledge the unbounded hospitality of my worthy friend Parisott, Avho stands here modestly behind me. He is a true Samaritan. He found me weary, hungry and thirsty, and he comforted me. He has placed his table and bar at my disposal, as you gentlemen, can testify. He is the prince of tavern keepers, delights in feasting his guests, and never says a word about a bill. God bless you, my dear friend. Plummer will never forget you. Gentlemen, fareweU !" And vaulting on his horse he rode off, amidst the hurrahs of the crowd. He Avas re-elected as often as he presented himself, beating, without difficulty, the most popular men in the State. In one of his contests, he and one of his competitors. Judge Harry Cage, agreed to canvass together. They raet at Holraesville, and Avhen they stopped at 12 m. at a farm house for dinner. Cage pleased the mother very much by kissing her littie girl and praising its beauty ; but she was completely carried away when she saAV Plummer pick up her wee toddling boy, lay it gentiy across his lap, turn over its littie petti coat, and go' to hunting red bugs! "They are powerful bad," said Plummer, "and mighty hard on babies." She was enchanted, and never forgot that tender hearted Congressman. That night they stopped with an aged couple, whose chUdren had all married, and settied around, and formed quite a colony. Cage recommended himself by cutting a turn of wood and bringing it m for the old lady to get supper. In the morning he missed Plummer, but soon found him at the cow pen, the old lady milking and he hold ing the calf back hy its tail! Cage was furious; he found himself headed at every turn, by the cunning Yankee. So when they rode a mUe_ or so, and came to Avhere the roads forked. Cage halted and said : "Plummer, here we part. You are too aggravating. Choose your road. If we travel together another day I shall shoot you. And so they parted. Mr. Plummer was good tempered, full of humor, a hearty laugher, lived at a period when street fights and duels were the 426 Mississippi, as a Province, order of the day, but was rarely involved in difficulties. His personal courage was doubted, but without any reason whatever. On very ex citing occasions, in the presence of an angry crowd, and of some who would have been glad to shoot him, he exhibited singular coolness and self-command. He and Governor Runnels were bitter enemies, and in the canvass of 1835, Plummer followed him around, and goad- . ed him with irritating speeches and newspaper squibs. They met at Gallatin on the day of the election. Runnels was like a mad buU, tearing up the earth, and indulging in most profane language, and Avas so carried away by passion that he broke down in his speech and lost the vote of that large county on which his re-election depended. Mr. Plummer stood in the street perfectly calm, made a speech that pleased all parties, and though the county was largely Democratic, and gave a large majority to all the other Democratic candidates, he car ried it for his friend, Judge Lynch, the opponent of Runnels. Mr. Plummer, being from Massachusetts, Avas once, in some news paper, taunted with being an abolitionist in disguise. He met it by having secretly printed and distributed, a hand-bill, in which he wa,s charged, on the authority of Gen. Arthur Fox, a Avell-known planter and politician of Lawrence county, Avith having confessed abolition opinions to him, and having instigated several of his slaves to abscond. This produced a great excitement. Mr. Plummer Availed until his en emies began to use it on the platform, and then he came out Avith the printed declaration of Gen. Fox, that the hand-bill was a tissue of lies; that Mr. Plumraer Avas as orthodox as any man in the South; was his frequent visitor and cherished friend, and he would personally chas tise the author of the hand-biU if he dared reveal himself! The reaction was tremendous. Plummer was never taunted on that subject again. The late PoAvhattan Ellis, avIio was, in turn Circuit Judge, United States District Judge, Senator in Congress and Minister to Mexico, though ahvays a straight- out democrat, was aristocratic in his tastes, habits and appear ance ; very dignified, precise, and dressy. Somewhere in the east, in some canvass, when fording a creek which proved to be swim ming, he lost his portmanteau. Plumraer published an adA'ertisement in the Monticello paper : "Lost by Hon. PoAvhattan EUis, in crossing Tallahala, the following articles : 6 lawn handkerchiefs ; 6 cambric shirts ; 2 night do. ; r nightcap ; i pr. stays ; 4 pr. silk stockings ; hair brush, flesh-brush, nail-brush, clothes brush, razors and dressing-glass, pomatum, perfume, &c., &c." That advertisement killed the Judge east of Pearl river ; such a sample of ' 'sAvelled head " effeminancy, and Natchez dandyism, Avas not wanted in the piney Avoods. In 1830, when Mr. Plummer Avas on his first canvass for Congress, he Avas so little known and appreciated in Natchez, the commercial metropolis of the State, it was made a charge against the writer (who was before the people for re-election to the legislature) that he was a friend of that gentleman, and had invited him to visit the county ! The charge created quite an excitement, and on the 5 th July he had to issue a circular, in which he said: " I have not invited him to this county, nor have I, thus far, taken any part in the canvass. Mr. Wm. M. Gwin. Territory and State. 427 Plummer is my personal friend, and however unpopular it may be here, I am not ashamed or afraid to own it. In becoming a candidate to represent you in the legislature, I did not relinquish my rights as a citizen, and I shall exercise my privileges at the polls without consult ing any man or set of men. I may make myself obnoxious to power ful raen, and be harried by their bull-dogs, but I shall steadily pursue the course that my own judgment approves." This, had it occurred to-day, would have been called " bulldozing." In 1835, only five years afterwards, Mr. Pluramer was invited to Natchez by leading citizens ; Avas entertained and lionized by the very gentlemen who had attempted to "bulldoze" his friend; and then and there, he made out his slate for Congress, for Governor, and for State officers, with his own name, at the head of the ticket, for U. S. Senator. The banks were thrown open for his accommodation. He purchased a stylish barouche ; mounted his servant in livery, and set out on the canvass. He was then at the height of his power and popularity. But from the date of this visit, both began to decline. Previous to this, he had had no connection Avith intriguors, cliques, banks, or combinations. He stood upon his OAvn platform of "Plum mer for the people, and the people for Plummer," and had been found irresistible. But now he had become one of a ring ; in alliance with capitalists and men of aristocratic habits, and the illusion was over. He was no longer a lion whose roar had frightened the stock-jobbers in their dens, but a house-cat purring about their slippered feet, to be petted and caressed. He could no longer use his favorite slang, so acceptable to the multitude, of " sweUed heads" and "bloated bond holders," but had to deal in the cream and sugar of flattery and false hood. This was in the bond. He had got their money, and he had nominated two or three of them for high office, and his mission was to eulogize, and not to denounce. This Avas out of his line. His forte was ridicule and fault-finding; to set the poor against the rich; to con solidate the pine-woods counties against the river section. This policy he had to reverse, and consequentiy faded. It was no longer "Plum mer for the people," but " Plummer for the banks, and the banks for Plummer," and he lost his popularity. The combination slaughtered him. He seems to have lost courage, and never afterwards occupied a public position ; never indeed aspired to any ; neglected, or rather abandoned his profession, and went down rapidly in the social sca.le. He never seems to have had any thirst for money. He was lavish with it when flush, but generally had none or very littie. At one time he estabhshed, and was President of the Bank of Grenada, which flourished for a time, and he owned many of the town lots. He died in Jackson, in 1847, in an obscure cabin, and in poverty. Those who only knew him, in his decade, as a defunct politician, and a sot, lurk ing in mean places, with low associates, can have no conception of the power he once exerted. Those who knew him in his better days, what he had been, and what he might have been, sincerely lamented his indiscretions and unhappy fate. William M. Gavin, whose name has been so frequentiy introduced, 428 Mississippi, as a Province, , is a native of Sumner county, Tennessee, son of the Rev. James Gwin, a distinguished Methodist minister, Avho removed from North Caro lina, in 1790. He was a man of pronounced ability, and great decis ion of character, an evangelist in the pulpit, highly valued by Bishops Asbury and McKendree, the first American Methodist Bishops; a soldier, Avhen the frontier had to be defended, enjoying, through life, the confidence and respect of Andrew Jackson. From this sturdy pioneer of religion and patriotism, a typical Western American, Wil- Uara McKendree GAvin, derived his prorainent characteristics. After receiving a classical education, he qualified hiraself in Gallatin for the practice of law. The bar of Tennessee was then famous for its abUity. The names of Grundy, Campbell, Whitesides, Crabb, BeU, Foster, Fogg, and others, Avere known throughout the Union. Young GavIu witnessed, from day to day, in the courts, the learning, logic and elo quence of these great lawyers, but it inspired him Avith a want of con fidence in himself. His modesty was equal to his merit, and he, pre maturely and unwisely, concluded that he Avas not adapted for the profession. He next turned his attention to medicine, and, in 1828, took his degree at Transylvania University. He soon after removed to Clinton, Mississippi, and obtained an extensive practice. In 1833, he retired from practice, on being appointed, by President Jackson, United States Marshal, for the District of Mississippi, an office always of great responsibility, and at that lime, and for a nuraber of years thereafter, highly lucrative. The President had previously appointed the elder brother. Colonel Samuel Gwin, Register of the Land Office at Mount Salus, (Clinton,) as has been related in the memoir of Poin dexter. This young man, while a student at college, though so crippled as to be unfit for service except on horse-back, on the first call for volunteers, ran away frora his studies, and joined General Coffee's mounted brigade, in which he served until the end of the Avar, acting meanwhile also as secretary to the General. Mr. Poindexter, Senator from Mississippi, as has been before stated, had several favorites who Avere looking to him for the appoint ment of Register, and not being successful, he comraenced a bitter war on the norainee and on the President. He suddenly aUied him self with former political enemies, Avith the understanding that they would vote for the rejection of GAvin, and he would co-operate with them against the administration. He urged the point that Gwin Avas not, and never had been a citizen of the State. The President took the ground that the office Avas national in its character ; that all the States had an equal interest in it ; and that though young Gwin may not have been a citizen at the time of his appointment, he had passed several years of his life in defending the soil and the citizens of Mis sissippi against the British and Indians, and thus established a fair claim to recognition. The coalition, [hoAvever, Avas strong enough to reject Mr. GavIu, although the strongest testimonials to his character and qualifications Avere on file. This rejection, and the apostasy of Senator Poindexter, occasioned great excitement in Mississippi. Re monstrances against the rejection poured in frora all quarters, and a caU signed by one thousand citizens, including every Democratic member of the Legislature, was made on the President for his reap- Territory and State. 429 pointment. The President compUed with the request, soon after Congress adjourned. The President believed this to be within his prerogative, and to be right, though there Avas no precedent on record. It Avas charged that he had violated the Constitution, and the privi leges of the Senate. The war raged furiously without results, when it was corapromimised by transferring Mr. Gwin to the new land office at Chocchuma, and appointing another to the vacant place at Mount Salus — a compromise that decided nothing against President Jackson, and gave Mr. Gwin a more profitable position. AVhen Wm. M. GAvin's name, as Marshal, Avas sent to the Senate, Mr. Poindexter savagely denounced it, and succeeded in having it rejected; whereupon Gen. Thomas Hinds Avas nominated. But imme diately thereafter. Senator Grundy, of Tennessee, Avho was a staunch supporter of the administration, and at the same time had long been the personal friend of Mr. Calhoun, and his connection by mar riage, made an appeal to him, and it being understood that that dis tinguished Senator would withdraw his opposition, the President with drew the name pf Hinds, re -nominated Gwin, and he was confirmed. The well known intimacy betAveen the President and his old chap lain and comrade. Rev. James Gwin, and the attachment he mani fested for the sons, of course made them central figures in the Demo cratic party of Mississippi. Both of them had the talent, the courage, firmness and fidelity to friends, to qualify them for leaders. The bit terest contest that ever occurred in the State, before or since, was then raging. Mr. Poindexter was a candidate for re-election, backed not only by his OAvn foUowers, but by the enemies of the administra tion, of every faction. The GavIus had brought out Robert J. Walker as the antagonist of Poindexter, "a man of great talent, but inferior to his adversary, and with no hold whatever on the affections of the peo ple, and no claims on their support. He Avas presented simply as the most avaUable instrument that could be found, adroit, indefatigable, and flexible, and to sponge out his tergiversation on the bank ques tion they armed him with a special endorsement of Gen. Jackson. Poindexter was defeated, as he deserved to be ; but Walker should not have been elected. He had littie identity with the State, and was even then contemplating a move to New Orleans, He had been a polit ical trimmer, and deserted his friends at the moment o6||heir greatest peril. Had been a truckler to the banks, and one of ffieir directors, until they had become embarrassed and powerless ; had consented to be white-washed by the chief magistrate whom he had so recentiy de nounced, and then, without a blush or a pang, sought senatorial hon ors under the shadow of his overpowering popularity. Under such circumstances the new Senator would have been less an object of envy, than the defeated statesman, but for his infamous private character and his corrupt political career. The result of this exciting canvass demonstrated the great influence exerted by the two Tennessee brothers. It terminated in a duel be tween Judge Isaac Caldwell, the law partner of Poindexter, and Col. Gwin. The challenge passed, and was accepted, and though it was the usage to go beyond the limits of the State, on this occasion it was 430 Mississippi, as a Province, agreed to fight at Clinton, where they both resided — a fight designed to be a Voutrance, and in which both, doubtless, had a presentiment of death. Both parties fell. Caldwell expired in two hours. Gwin was shot through the lung, and survived about a year. Mr. Wm. M. Gwin, after the death of his brother, became a large operator in lands, in conjunction with the late H. R. AV. Hill, of Ncav Orleans; subsequentiy with Dennistoun & Co., of New Orleans and Liverpool, and Samuel Davis, of Natchez. In the summer of 1836, he entered for this company over 100,000 acres, chiefly in Arkansas, and was offered by a New York firm a profit of $100,000 for the in vestment, which he vainly urged his friends to accept. The great financial revulsion of 1837 proved the wisdom of his advice. It is singular how private matters interweave themselves with, and influence great public affairs. The nomination of a protege of Presi dent Jackson to a land office in Mississippi, agitated the Senate of the United States, superinduced new and important coalitions, re-organized parties in Mississippi, broke down forever the ablest man that ever lived in the State, and brought into notice, and into power, a man who had no claim Avhatever on the dominant, or any other party, and who held no property within her limits.* Gov. Sam Houston's eccentric conduct, and unaccountable separation from his wife, and Wm. M. Gwin's purchase of land in the Mexican province of Texas, blazed the way to its independence, recognition, and annexation. Sam Houston was a favorite and pet of Gen. Jackson. AVhen a youth he had gallantly fought, under the eye of the chief, at the ter rible battles of Talladega, Erauckfa and the Horseshoe, and came back covered with wounds. With the cc^ntenance of his general he had won many civil honors, had been elected from the Hermitage district to Congress, and in 1828, under the same auspices, entered the field successfully for Governor, against Col. Cannon, who had served with distinction in Jackson's campaigns. Gen. Carroll had been Governor, but was constitutionally ineligible to re-election. In the contest be tween Cannon and Houston he thrcAV all his popularity in the- scale of the forraer. General Jackson supported the latter, and he was elected, but had scarcely been installed before Gen. Carroll an nounced that at the next election he would be a candidate against him. Gen. CarroHjjWas a native of Pennsylvania — had been a blacksmith, a man of vigorous frame and vigorous intellect, and had been the right- hand of Gen. Jackson in all his wars. He always professed the utmost attachment for his chief, but was suspected of a lurking partiality for Mr. Clay. This, after the sudden coalition between Mr. Clay and Mr. Adams, in 1824, by which he believed, and his friends believedhe had been defrauded of the Presidency, was an unpardonable sin, and * Shortly after Mr. Walker became a candidate it Avas found necessary to identify him more thoroughly with the State. He purchased (conventionally)- from Dr. Sam Puckett, of Brandon, a large plantation on Pearl river, near Madi sonville, Madison county, which he called Pearl Dale. He moved there into a log cabin, and ostentatiously addressed all his newspaper publications from that point, thus gammoning the public into the belief that he was a citizen of the cen tral county of the State, and identified with the great Pearl river interest. After the election Mr. "Walker quietly returned to Natchez, and the Pearl Dale as quietly reverted to Puckett. Territory and State. 4,1 the contest with Houston Avould have Avidened the breach. It is doubtful hoAv it Avould have terminated. Carroll exerted almost as much influence as Jackson, and he Avas backed by all the adherents of Mr. Clay, who controlled neariy the entire capital and manufactur ing interests in the State, especially the great iron industry. Houston was a man of shoAvy talents, a florid and attractive speak er, of magificent physique, and imposing manners. He had been elected Governor over Cannon by a decisive majority, but in rieAv of the raore formidable opposition of Carroll, it Avas deemed advisable that he should seek alliances. Pie accordingly addressed and married an accomphlished lady of Sumner county, of great beauty and attrac tiveness, of a wealthy, influential and wide-spread famUy, with some reluctance, it was said, on her part, but Avith the entire approbation of her friends. Very soon thereafter, for reasons that Avere not explained then, and have never since been ascertained, he suddenly resigned his office, abandoned his young Avife, and disappeared. He lived for a while among the Cherokees in the AVest, wore the Indian costume, and Avas adopted into the family of a prorainent chief. Finally, he settied at Nacogdoches, Texas. Mr. GAvin, AvhUe Marshal of Mississippi, made it a point every summer to visit General Jackson, either in AVashington or at the Hermitage. In 1834 he Avent to AVashington, and Avas for several Aveeks the guest of the President; and Houston, and Texas, were frequent subjects of conversation. Soon afterAvards Mr. Gwin re paired to Nacogdoches, and spent a month with General Houston, and General Rusk, who had recently arrived. President Jackson, it Avas well known to his confidential friends, had enlarged views as to the legitimate boundaries of Louisiana to the west, and had, in his own mind, no very pronounced conviction that the Spaniards or Mexicans had any title east of the Rio Grande. It was generally believed that he had not exerted his power to prevent citizens of the United States from joining the "rebels" in Texas, then being organized and led by his old friend Houston. AVhen General Felix Houston, and others, were, pubUcly, with drum and fife, recruiting in Mississippi for the Texas army of Inde pendence, it Avas remarked that the United States Marshal and Dis trict Attorney Avere unaccountably absent ! AVhile Mr. GAvin was at Nacogdoches, for himself, and for the late James C. AVUkins and L. R. Marshall of Natchez, then classed as capitalists, he made large invest ments in Texas lands ! At this day, when the grave has closed over all the parties but one, it will be no breach of confidence to say, that Mr. Gwin made that visit to General Houston at the instance of the President, and that the great programme was then planned, which Avas subsequentiy followed as closely as events permitted. In 1837, Judge Black, a Senator from Mississippi, elected as an anti-bank Jackson Democrat, but who had fallen under Bank influ ence, in his negotiations for plantations and negroes, was compeUed, by public opinion, to resign. Mr. GAvin was in Tennessee at the time, but he' was immediately written for to return and enter the lists. 432 Mississippi, as a Province, He had great personal popularity and political influence, and he held the most lucrative office in the South, which, of course, in the event of his election, would devolve on one of his adherents.* It was objected, hoAvever, by the friends of other aspirants, that Senator Walker and Mr. Gwin both resided in Natchez, and that to disregard the Northern portion of the State, where the party strength was located, would be unjust and impolitic. Then was the opportu- - nity for Walker to have asserted his domicUe at Pearl Dale, but he Avas. silent. Mr. Gwin, feeling the force of the objection, and seeing that the office of Marshal would become a bone of contention, made no farther effort. His friends, however, insisted on placing him in nomination in caucus, Avhere he Avas defeated by one vote, by the late Jaraes F. Trotter. This gentleman, a respectable and well read lawyer, Avas chosen for the short term. No election Avas had at that session for the long term. On the accession of Mr. Van Buren he re-appointed Mr. Gwin Marshal. AVhen General Harrison went into office, Mr. GavIu resigned. Although recognized as a faithful and raost efficient officer, and with raany Avarm personal friends in the Whig party, he had been too decided a party raan to expect or desire to hold office Avhen the opposition came into power. The Demo cratic party had been thoroughly disorganized by the election of Har rison. Many had caught the contagion of that remarkable canvass, and had joined in the log-cabin, hard-cider, red-pepper and coon-skin processions. Many who had been ruined by their own improvidence and reckless speculations, suppleraented by swindling banks, fancied that a change of administration would enable them to retrieve their fortunes. Many, and with good reason, believed that Harrison was pure and incorruptible ; that he Avould never ' ' give up to party what Avas meant for mankind," and that the office Avas due to his long and illustrious career. He was, in truth, the American Cincinnatus, and the only one Ave have had, Avith the exception, perhaps, of Silas Wright of Ncav York.f No man in the public service ever had greater opportunities than Harrison for amassing Avealth. He Avas in high position for many years. Millions of public money had passed through his hands. But, though born to affluence and to social rank, he was simple, unostentatious and economical in his habits, und lived and died a poor man, with an iramaculate reputation. J No Avonder that such a man, Avhen brought from his modest farm before the world as a candidate for the Presidency, should sweep aAvay party lines, and mass men of every organizati-on in his support. Such Avas the effect * Governor Runnels and Hon. Volney E. HoAvard, noAV of California, urged the election of Gwin, and would have competed for the Marshalship. fThe writer once paid a visit to the great Ncav York Senator. He found him in a smock-frock, at Avork on his little farm, near Canton, Kt. Lawrence county, and living in the simplest style. He talked of his grain and grass, and vegetables and poultry, and showed them all with evident satisfaction. j".When Gen. Harrison died, the Avriter, in the Natchez Free Trader, Avrote an editorial, (that was copied everywhere,) suggesting the propriety of voting one year's salary of the Presidential office to iMrs. Harrison. This, 1 take pride in saying, Avas the first suggestion of the kind that A^'as raade. There was no prece dent for it, but Congress adopted it, the more readily as the suggestion came from a Democratic quarter. Territory and State. 433 everywhere, and nowhere more than among the impressible people of Mississippi. Our Democratic legions melted away, and left the party stunned and disorganized. Had Harrison lived, there is no teUing how long it Avould have thus continued ; but on his death a re-action foUowed. A Democratic Convention had been called and convened at Jackson, January Sth, 1841; but there Avas an absence of harmony, co-opera tion and confidence ; the ticket presented did not seem acceptable, and most of the nominees declined. The prospect was by no means encouraging. At that juncture Mr. Gwin, having concluded to run for Congress, thrcAv all his energies into the Avork of organization. Hon. A. G. Brown, the most popular man in the State, had declined to serve any longer in Congress, and Avas a candidate for Circuit Judge. Hon. Jacob Thompson, his distinguished coUeague in Con gress, had declined another canvass, and was running for State Senator in his district. Mr. Gwin induced him to change front, and again announce himself for Congress. Mr. Tighlman M. Tucker, of Monroe, had been nominated for Governor, and had declined. Mr. Gwin in duced him to revicAV his decision and accept. The canvass, it was well knoAvn, Avould not be conducted on national issues, but on the Union Bank bond question. That was the great issue of the day, and would absorb every other. In reference to it, the Whig Convention had selected as their candidate for Governor, the Hon. David O. Shattuck, a Methodist preacher, an eminent laAvyer, then Circuit Judge, and a prompt and powerful debater. He Avas averse to the canvass, but his forensic strength, his geographical posi tion, and his influence with a powerful religious sect, made him a formidable adversary. On the other hand. Tucker was illiterate, slow and prosy; he had, however, much shrewdness, a good deal of dry humor, a fund of smutty anecdote, and a certain popularity connected with his nick-name, old Til-le-toba, or the blacksmith, to which re spectable craft he once belonged. And he Avas an earnest, sincere and honest man. But he had been broken doAvn by typhoid fever, and was not able to take much part in the struggle.* Mr. Thompson, an able debater and thorough master of the leading issue, Avas inva lided by chiUs and fever, at the commencement of the canvass. The outiook was not auspicious. Mr. Gwin, though a man of great energy, in vigorous health, and with no equal as a tactician, was an untried debater, and, in fact, had never made a speech. With fea tures, expression, and manner that indicate an intrepid and resolute soul, he was timid as a woman before a popular audience. Under these circumstances he induced John D. Freeman of Natchez, a young lawyer well knoAvn to the Democracy, to become a candidate for Attorney General. Mr. Freeman was then the partner of the late * Though no orator. Tucker was not wanting in confidence. He occasionally met his adroit adversary in debate. He said to me : "I have several times run Shattuck, like a hare, into a hollow tree ; have made my smoke and waited for hun to tumble down ; but the feHow always found some augur hole to slip out." 28 434 Mississippi, as a Province, Judge Thacher.* They had a lucrative and rapidly increasing prac tice, Avhich Mr. Freeman was reluctant to abandon ; but he was an impromptu speaker, a trained debater, Avith sufficient audacity, and was indispensable to the ticket. These tAvo gentlemen took the field and opened the canvass in Columbia, July 4th. Then, for the first time, Mr. GavIu presented himself as a speaker. He Avas much em barrassed, but soon recovered his composure, and the vote he received wiU attest the irapression he produced.]' He was elected by some 25,000 raajority, about the sarae that had been cast for the Harrison ticket the previous year. He took his seat in Congress, not as a stranger. His frequent visits to Washington had introduced him to all the prominent leaders, and he Avas known to be the confidential friend of Ex-President Jackson, who, in the retirement of the Hermitage, Avas stUl a "power in the land." Mr. GAvin found lodgings in the same house Avith Mr. Calhoun, and like most other men thrown in contact Avith him, he soon fell under his personal magnetism. So much so, indeed, that notwith standing his relations with General Jackson, and his knoAvn antagonism to Calhoun, Mr. GavIii came to the conclusion that Mr. Calhoun should be the next President. He kncAV, however, that there Avas no chance for it, unless a recon ciliation Avith General Jacksoii could be had. This raediation Mr. GavIu undertook, Avith the approval of Mr. Calhoun, who then, as at all other periods of his career, was tortured, like Tantalus, with an insatiable appetite for the Presidency, Avhich could never be appeased. At that raoraent, VirgU Maxey of Maryland, late Solicitor of the Treasury, had written a campaign life of Calhoun, to influence the action of the forthcoming National Democratic Convention. The MS. was referred by Mr. Calhoun to three confidential friends, viz: Mr. Hunter of Virginia, Mr. Anderson of Tennessee, (successor to Judge AVhite,) and Mr. GavIu of Mississippi. It Avas found that Mr. Maxey had briefiy, but strongly, presented and defended Mr. Cal houn's vicAvs on the subject of nullification, and the position he had maintained in that controversy. Mr. GAvin and Mr. Anderson pro posed to strike out that portion, considering it as an adjusted question, and that its introduction would revive the controversy, and the antago nism betAveen Jackson and Calhoun. A"nd, in their opinion, though General Jackson Avas rapidly sinking in health, no raan could be elected President Avithout his approval. Mr. Hunter, Avho had never been a Jackson man, but was now giving a qualified support to the Demo cratic party, objected to the erasure, and the matter was submitted to Mr. Calhoun. | ¦* J. S. B. Thticher, native of Boston, ot a well-known family; graduate of Har vard; came very young to Natchez; allied himself at once with the Democratic p^arty ; established alarge practice; elected to the bench of the High Court of Errors and Appeals. Died young and greatly lamented. fThe writer accompanied these gentlemen thrjugh the eastern counties and took part in the debate. Mr. Gwin became a forcible and impressive speaker, very prompt in reply. It is remarkable that Avhen elected to Congress and to the Senate, he addressed those bodies without embarrassment and with great force and effect. t Mr. E. M. T. Hunter, of Virginia, a professed States-rights man, but often in allian ce Avith the wildest latitudinarians and consolidationists in Congress; an im- Territory and State. 4,5 In due time he summoned the referees to his apartment, and said that he kncAv the decision he had arrived at Avould exclude him from the favor of both the great political parties; but father than have an authorized history of his life to ignore his doctrine of state sover eignty, and his course in defence of it, he Avould forfeit all his pros pects for the Presidency. This, of course, ended the matter, and quashed Mr. Calhoun's chances through the coalitions then proposed. It is not probable that anything Mr. GavIu could have done, seconded by the influence of Maj. A. J. Donelson, private secretary of Gen. Jackson, (who Avas alwas a secret adherent of Mr. Calhoun), could have recon ciled Jackson to favor Calhoun's election. He Avas implacable in his resentments, dogmatical in his opinions, and thorough and demonstra tive in his patriotisra. He considered Mr. Calhoun a traitor, and had, at one crisis, a strong inclination to hang hira. These opinions and convictions overruled every effort at reconciliation, untU the brave old soldier came to die. And at that supreme raoraent, Avhen we most feel the need of forgiviness, and the foUies of the past and the uncertainties of the future croAvd upon us, Mr. GAvin tells us, that there came from the dying chief a message for Mr. Calhoun— that he was not his enemy, and had full faith in his patriotism. This is given on the authority of Maj. Donelson. It raay haA'e been like a christian to send such a message, but it was very unlike Andrew Jackson. He was a member of the Presbyterian church, but Avas certainly no saint. He had, there is no doubt, an unfaltering trust in God, but no fear of the devU, and nothing but that fear would have made him send such a message.* The annexation of Texas had now become the absorbing question. It was being pressed by President Tyler and Mr. Calhoun, supported by a strong portion of the Democractic party. Gen. Jackson was known warmly to favor it; but many of his staunchest friends, Benton. Blair, Van Buren, Wright, etc., were opposed to it. Francis P. Blair had ¦ been expressly induced by President Jackson to remove to Washington, and there to establish the Globe newspaper, to defend his administration. He had filled this responsible mission with un shaken fidehty, and extraordinary ability. Never, at the most mo mentous crisis, when the party seemed shivering into atoras, Avas there any flinching on the part of the Globe. It fought like Dentatus, with its back to the rock, and never receded one inch. No party, in any country, ever had an organ so poAverful or so fearless. The raost in- practicable man, and idealist, who, with all his talents, has, in every position, proved a failure. During the war into whieh he had helped to precipitate us, he subsided into insignificance, and in the memorable intervieAV with President Lin- oln and Mr. Seward, his impracticability, as usual, was apparent and pernicious. Such men, guided by sterner wills, make excellent head clerks, but never rise to the dignity of statesmen. In revolutions, they become non-entities. *One of the truest and best illustrations of the character of Jackson Avas given by the famous Tom Marshall, of Kentucky, in one of his stump speeches: "We have Jackson to fight, gentlemen— and he is a host of himself. He has Avhipped every adversary; he whipped the Indians; he whipped the Spaniards at Pensacola; he whipped the British at New Orleans ; he whipped Clay, and Adams and Cal houn ; he whipped King Biddle and the bank, and now he lias turned Presbyterian and wiU whip the devil. 436 Mississippi, as a Province, defensible act of the Democratic party was its abandonment of this well-tried friend, for Thomas Ritchie, of Virginia, and Mrs. Jack son's nephew, A. J. Donelson, of Tennesse. The first had been Jackson's bitter enemy, at the turning point of his career, and had his efforts been successful, would have crushed him forever. He had likewise, been a trimmer, in the great conflicts betAveen the indepen dent treasury and the state banks, when Blair had stood, like the Roman sentinel, at the gate of Pompeii. Ritchie was an accomplished and genial gentieman, a superb tactician, a sincere Republican, but too sectional, and circumbscribed, and timid, to conduct a national organ. Donelson was a weak man, inflated with conceit, whose Avhole importance floAved from his proximity to Jackson. These men superseded Mr. Blair, and established the Washington Union — be came the organ of Mr. Polk, and an utter failure. It passed through many hands but was the feeblest paper ever published at the capital.* Mr. GAvin declined a renoraination which was earnestly pressed upon him. He had become financially embarrassed. WhUe United States Marshal, in the general panic and distress and shrinking of values, he had, under the ruling of the United States Circuit Court, re ceived in satisfaction of judgments, or at sales under execution, the issues of the best of the State banks. These had depreciated in the general collapse, and the plaintiffs, for the most part, refused to receive ¦•¦¦The annexation policy, of course, demanded an organ, and as Blair and Rives, editors and proprietors of the Globe, would not vary their views even to oblige Gen. Jackson, they were induced to sell ont, and the new paper, the Union, be came the organ of Polk and annexation. Mr. Eitchie, of :he old Eichmond Enqui rer, was designated by acclamation as senior editor, but very many objected to Mr. Donelson as his associate. He was placed in tbe position, mainly by the per sistent efforts of Mr. Gwin, Avith the active support of Gen. Jackson. He Avas an incubus on the establishment from the outset, a bad economist and a feeble writer. He was got out of the paper by an appointment to some foreign mission. Messrs. Blair and Eives became for a while hostile to Mr. Gwin, in consequence of his efforts for Donelson, and they asserted that Gen. Jackson had lost confi dence in hira. Then it was that the old hero, dying with asthma, Avrote his last touching letter in the following words : THE LAST LETTER WRITTEN BY GEN. ANDREW JACKSON. Hermitage, May 9th, 1845. Doctor Wm. M. Gwin: My Dear Sib.: Your kind letter, dated at "Wa.shington, April 28th, is received) and now before me, and although unable to Aveild my pen, hasten to reply to it; It is the day of vituperation and slander, and you, like all other public men, must expect your share. I trust ray character is too well known to believe, that I would ever abandon a friend, who once had my confidence and esteem without positive proof that he had done some act sufficient to forfeit it. I have been your friend, I am still so, as 1 Avas your venerated deceased father's and brother's, whose memories I cher ish with the livest recoUec'tions. I have full confidence in your patriotism and Democratic principles, and you possess too much honesty and personal worth, and those high, lofty and honorable feelings ever to permit you to do an act dis honorable, or such as Avould tarnish that good moral character, which you lirought into life with you, and have sustained to this present day. I am, as J have ever been, your friend, and my best wishes for your prosperity and happi ness, and that of your family, will attend you through life, and if we should not meet again here beloAv, I hope to meet you in a blissful immortality. My whole household salute you and yours. Your sincere friend, Andrew Jackson. Territory and State. 437 tills currency. The ruling of the Circuit Court had been reversed by the Supreme Court, and thus a heavy liability had been thrown on him. He had, likewise, become Uable as endorser for a large amount, and many for whom he had endorsed, reraoved to Texas, or sponged out their responsibUities under the bankrupt act of 184 1. He retired from Congress expressly to relieve himself of these liabUities, by dis posing of his large property. In 1844 he was appointed a delegate to the Baltimore Convention. He was in AVashington Avhen Mr. Van Buren's celebrated letter against the annexation of Texas appeared. * Mississippi had instructed her delegates to vote for Van Buren, but when his letter appeared, Messrs. Walker and Gwin exerted their influence against hira, and with some other delegates published a pronunciamento in the Wash ington papers. Under positive instructions from an enlightened con stituency, that had contemplated this very contingency, their course cannot be defended. Mr. GAvin acted under very strong proclivities for Texas, having been so long in contact with Jackson and Houston, but Mr. Walker's subsequent connection with Mr. Polk throAvs sus picion over his motives. A northern-born man, with no affinities for southern institutions, and, as his future shows, Avith very strong northern predUections, he could not have been influenced by the sympathies that influenced GavIu. And there can be no defence whatever for his violating the positive instruction to vote for Van Buren. It resulted, however, in the nomination of a man not thought of— James K. Polk — a cold, austere and selfish man, jealous of his friends and suspicious of his own shadow ! In the crisis of the can vass, when he was threatened with defeat, he had to appeal to Silas Wright (the best friend of Mr. Van Buren) to save the party. He magnaminously consented to run for Governor, and thus rally the disaffected Democratic masses. But for this, New York would have voted for Mr. Clay.f Mr. Polk Avas supported, of course, by the *This letter was the production of a statesman and patriot, and, in the light of events that have followed, may be considered prophetic. Mr. Van Buren knew it would defeat his renoraination, but with a sublime honesty and disinterested ness, he expressed his convictions. This letter opened the road to the Presi dency for Mr. Clay. If he had favored annexation, he would have demoralized the Democratic party, and carried every Southern State. He was so informed. He was implored "to cross the Eubicon," — to give even a qualified assent. He sternly refused to disobey his conscientious convictions, and thus signed the warrant for his political execution. fCANTON, N. Y., Oct. 17th, 1844. My Dear Sir : Your note of September 24th, did not reach me till this day. It is not the first time I have had occasion to thank your eloquent pen and warm heart for praise beyond my deserts. My present position, as I am sure you Avill believe, is not one of personal choice to myself, but assumed with the strongest personal reluctance. Yet the caU was such an one as.no Democrat with us, Avho had received the honors and favors of that noble party, could decline. If it shall turn out that the use of my name can give any aid toAvards securing national suc cess, any personal sacrifice on my part of personal feeling, or personal interest, wUl be cheerfully, proudly made. If the time of transit of your letter is a guide, the Presidential election will be decided before this can reach yon. The returns from Pennsylvania and Ohio Avill satisfy you that we have a dreadful, fearful battle to fight. We believe we shall succeed ; but when I see the desperation of the Whigs, and remember that we have a formidable Native American faction m our great city, and in some of our other cities an " anti-Eent" faction, so-called, 438 Mississippi, as a Province, great in influence of General Jackson. The victory won, how did Mr. Polk manifest his gratitude ? By habituaUy ignoring the friends of Silas Wright, and appointing his bitter enemy, AVm. L. Marcy, to a place in the calDinet. And after a Avhile, and cautiously, of course, until the old hero died — turning his back on his best friends, and on men whom Jackson had specially recommended I As soon as the election of Polk was declared, Mr. Walker began to itch for a place in the cabinet, which he never could have had from Mr. Van Buren. He wished to be Attorney-General, and Mr. Polk as sented. Mr. Calhoun, (whose friends had warmly entered into the in trigue against Van Buren) was anxious to be retained as Secretary of State. But Mr. Buchanan had been too strongly presented to be overlooked, and was appointed against the wish of Gen. Jackson, who had never trusted him after the Kramer affair. There was a fierce struggle among the New York politicians, for a cabinet appointment. Mr. Polk knew thit all the equities required him to make' a selection from the friends of Mr. Van Buren, but he yielded to the clamor of the annexationists, and appointed Wm. L. Marcy, Secretary of War, the raan, of all others most obnoxious to Van Buren and AVright, and who had not been sound on the great financial measures of the Demo cratic party. The Treasury Department had already been promised to Geo. Bancroft. When this became public it aroused a violent op position, not that there could be any personal objection to that emi nent scholar, but the Presidential schemers and annexationists needed a man Avho Avould exert the great patronage of that department in their interest. Mr. R. J. Walker was, therefore, appointed, and the Navy Department Avas given to Mr. Bancroft; but his nomination hung fire, and he was finally confirmed by the vote of the Avhig Senator from Louisiana, Hon. Henry Johnson, to whom the President made special acknoAvledgments. * About this tirae an incident occurred that created some excitement in Mississippi. Mr. Walker being assured of a position in the Cabi net, transmitted his resignation as Senator, by a confidential friend, to Gov. Brown. On its reception the Governor filled out a commission for Hon. J. Thompson, then one of the representatives from Missis sippi, and transmitted the same to AA''alker, to be delivered on his con firmation to a seat in the Cabinet. This commission, for reasons of his own. Walker never delivered. He never communicated the facts to Thompson, with Avhora he Avas in daily association. It seems that on resigning he had urged the appointment of GAvin, and Avithheld in several of our old counties, AA'here the lands are extensively held underleases; and an abolition faction in almost every county, and knoAV that they are making the strongest efforts to coalesce with all these, I dare not speak positively, and cannot divest myself of some emotions of fear. Successful, or defeated, 1 shall not forget your generous friendship, or cease to remain, With sincere respect, raost truly yours, Silas Weight. Hon. J. F. H. Claiborne, Natchez. ¦* This opposition to Mr. Bancroft Avas stiraulated by Mr. Calhoun and Mr. Walker. 'They desired to have John Y. iMason, of "Virginia, retained as Secre tary. Failing in this, he Avas raade Attorney-General. He Avas a genial, clever gentleman, but by no means a great laAvyer, as the Attorney-General should be. Territory and State. 439 the commission hoping that his recommendation, deriving additional force from his high position in the Cabinet, might stUl be adopted.* In 1845 IMr. Gwin authorized the use of his name in the canvass for Senator. On Iavo previous occasions, one or two votes would have given him the nomination in caucus. Gov. McNutt and Gen. Quit man, likewise, announced themselves, and the former declared his in tention to canvass the State, and to attack the antecedents of his com petitors. These tAvo gentiemen encouraged Gen. Foote to take the field against McNutt. Mr. GavIu had not the time for a canvass, and Quitman Avould have been no match for McNutt. Though a man of good sense, and finely educated, he was a feeble debater, and was too modest to encounter the incisive and vulgar weapons of McNutt. He made war not only on his competitors, but on Tucker, Mathews, and other leaders of the Democratic party, and traveled through the State like an Ishmaelite. He was, hoAvever, followed everywhere by Gen. Foote, Avho encountered hira personaUy at every opportunity, and gave bloAv for blow. The result Avas that Gen. Foote became the most prominent candidate, and Avas elected by the legislature over all the others. Very soon thereafter Mr. GavIu removed to Ncav Orleans. Mr. Walker, Secretary of the Treasury, appointed him to superintend the building of the ncAV Custom House, and Disbursing Agent. The city had presented a square of ground to the United States for' such an edifice. Mr. Gwin laid the foundation of the building and was busily engaged thereon until the election of Gen. Taylor, AA'hen he promptly resigned and set out for Ctiifornia, where he arrived June 4th, 1849. "'•"FROM A LETTER FROM HON. JACOB THOMPSON. ¦' My relations Avith Eobert J. "Walker were intiraate and confidential. We co operated in getting up his annexation letter, and in the movement to shelve "Van Buren and substitute Polk. When Polk Avas elected. Walker informed me, that he had applied for a place in the cabinet, and the President had replied that he could only ofl'er hira the post of Attorney General. I protested against this, and said, "we secured Polk's norainatiou, and you can only accept the State Depart ment or the Treasury." He insisted that it was better to take the Attorney Gen eralship than to have nothing. 1 declared 1 would see Mr. Polk ! He begged me to do so, but said, "get what you can, but don't decline the Attorney General ship, if you can't do better." 1 did see Mr. Polk on the night of the 3d March. He re-cast the cabinet, and assigned Walker to the Treasury, and pledged himself that his name should be thus sent to the Senate. 1 went to Walker at a late hour the same night, and told him how the matter stood. He was overwhelmed with emotion ; seized me with both hands, and said, " Oh, Thompson, you are my beet friend. Your zeal and firraness have saved me. I can never, never forget you." At that very moment, and for sorae tirae previous, he had my commission to suc ceed hira in the Senate, in his pocket, and he never said a word to me on the sub ject ! I remained in Washington until Walker was installed in the Treasury, m intimate communion Avith him every dav. I left him with his kindest wishes and warm expressions of friendship and obligation, and not one AVord did I hear of the comraission till I met Gov. BroAvn in Mississippi ! Gov. Brown wished rae to accept it, but I had been unaniraously re-nominated for Congress, and had ac cepted it, and I declined to change my position. I Avrongly blamed William M. Gwin at the time, and had likewise Avith him a controversy on another subject, but subsequently our relations became very friendly. I never recognized Walker afterwards. He was a man devoid of fixed principles, controlled by any man who had decision and will. He had a fertile genius, as readily employed on one side of a question as another. He was true to a friend, so far only as that friend could serve him. He always claimed that he used his colleagues as puppets, when in fact, they used him as clerk and man-of-all-work." 440 Mississippi, as a Province, His attention had first been called to that country by Mr. Calhoun, then Secretary of State, who, after a conference with Mr. Gwin, resolv ed to send a confidential agent to Santa Anna to propose a new boun dary between Mexico and the United States, to start from the Pacific at a point between Monterey Bay and San Francisco Bay. The secret agent was dispatched Avith an offer of ten miUion dollars, but Santa Anna peremptorily rejected the proposition. Laying his finger on the map Avhere San Francisco now stands, "there," said Mr. Calhoun, "when this bay coraes into our possession AviU spring up the great ri val of NeAV York." The establishraent of a State Government was the absorbing topic, and Mr. Gwin immediately entered into the discussion and addressed the people in favor of that policy. He was elected to the Convention which met at Monterey in September to frame a constitution. Cali fornia at that time had no organized government. The United States had established no form of government. The discovery of gold had attracted thousands of iraraigrants frora all quarters, and there was imminent danger of anarchy and outrage. Organization became a ne cessity and the Convention Avas the regular raode of procedure. The Convention was a mixed body, some of them foreigners, not speaking our language ; but there Avere able men in it, and they framed a con stitution under which the country has developed with miraculous growth, until the present year it has been cancelled and a neAV one adopted. The first Legislature met in the ensuing December, and elected General Fremont for the short term, and Mr. GavIu for the long term, United States Senator. On his arrival in Washington, February ist, 1830, Mr. Calhoun sent for Mr. GAvin. The Carolina statesman was then near his end, and Avith prophetic vision he looked into the future, and predicted, with deep feeling and solemnity, that the admission of California as a State would establish the dangerous precedent of squat ter sovereignty ; would destroy the equUibrium betAveen the North and the South in the Senate ; Avould intensify and perpetuate the agitation of the slavery issue ; and the civil Avar, centralism, and the destruction of the Southern States, Avould follow. '"Tis the sunset of life teaches mystical lore. And coming events cast their shadows before.'' NotAvithstanding these predictions of the dying statesman, and the irregularity and illegality of the initial proceedings, California was ad mitted into the Union as a State, and her Senators took their seats. Mr. Gwin's labors for the Pacific coast, for its multifarious interests, adjustment of land claims, mining interests, fortifications and public lands and buildings, raihvay connections, etc., etc., are recorded on every page of the journal. During his Avhole term his labors were incessant, in the Senate, and in committee; and no pubUc man ever had more success. He Avas a clear, impressive and forcible debater, addressed himself always to his subject, indulged in no " Buncombe," and stirred up no animosities. He maintained amicable relations with all parties ; his hospitable mansion beeame a neutral ground, Avhere the leaders of rival factions met on social terms. He brought this Territory and State. 441 social influence to bear in obtaining for California almost all that she desired. On his return to San Francisco, in 1851, he was received with a spontaneous Avelcome, and the Legislature tendered him the thanks of the State, for his indefatigable and most successful efforts. At the foUoAving session he was made a member of the Finance Com. mittee, and Chairman of the Committee on Naval Affairs, and in these positions he secured the establishment of a mint in California, the survey of the Pacific coast on a grand scale, the establishment of a Navy Yard and Station, and large appropriations for the same; and carried through the Senate a bill providing a heavy subsidy for a line of steamers between San Francisco, China and Japan, via Sandwich Islands. The great raUroad Avhich now connects the Atiantic Avith the Pacific, OAves its existence more to him than to any other Senator. Viewed not only as an international comraercial medium, but in its political aspect as a bond of perpetual union, the history of this great work is interesting. December 2nd, 1852, Mr. Gwin introduced a bUl to aid in the construction of a railroad from the Atiantic to the Pacific. His idea Avas a main trunk from San Francisco to the Atiantic, with branch roads into the Southern States, and into Oregon. This biU was defeated, mainly by Southern votes. At the next session he obtained an appropriation of $200,000, for the survey of the proposed trans-continental railroads. In 1853, various projects for these roads were before the Senate, without results. In 1854, on his motion, a special committee of nine was appointed, of which he was chairman, to examine and report on these various propositions. In 1855, on the report of the committee, a bill, drawn by Mr. Gwin, passed the Sen ate, but Avas not acted on by the House. In 1857, on Mr. Gwin's motion, a select committee of nine was appointed, viz : Messrs. GavIu, Douglass, Bright, Seward, Jefferson Davis, Hunter, BeU, Foot of Ver mont, and Iverson — representative men, of national fame. In the selection of this committee it Avas hoped, that by bringing together the great leaders of the rival sections and parties, the hostile feelings then cumulating might be appeased, and that mutual concert in a great national work Avould arrest the tendency to secession and civil Avar. Mr. Gwin often assembled these distinguished men at his table, Avhere the social amenities extinguished, for the time, political asperities, until they were rekindled again in the Senatorial arena. January i8th, 1858, Mr. GAvin reported a bUl for the construction of the Pacific road, but owing to the agitating questions of the times no action could be had upon it. On the 30th January, 1861, virtuaUy the sarae biU passed the Senate, and would have passed the House, but for the de sire of the Republican members to defer action upon it untU Mr, Lin coln entered on his official duties. Mr. Gwin having been re-elected for another full term, had the United States Circuit Court system extended to the Pacific, and se cured the passage of his bill for a sub-marine telegraph to Europe. There Avas a tie on this biU, but Mr. Gwin induced his coUeague, (Mr. Weiler,) who had some scruple against the measure, to absent himself, and thus by his own vote he saved the bill. March 5th, 1861, this active and distinguished Senator closed his 442 Mississippi, as a Province, ])olitical career. It had been erainently useful, and briUiant in great results. WhUe acting consistentiy with the Deraocartic party, respect ing its tradition and usages, and never bolting a regular noraination, he exerted hiraself to concUiate all parties in the interest of his constitu ents, and to avert, if possible, the approaching calaraities of civil war. He was never forgetful of the teaching and example of Andrew Jackson. For twelve successive years he canvassed the mines, moun tains and plains of California, in the interests of the National Demo cratic party, and crossed the Isthmus of Panama twenty-four times, during that period, exhibiting an almost supernatural energy and per severance. The condition of California was exceptional. The sudden dis covery of the precious metals ; the extraordinary productivenes of her soil; the splendid capacities of her harbors; the unparalleled influx of population and capital, had no precedent in history, and demanded of its representatives corresponding ability, influence and address. Mr. GAvin, frora the outset, had many difficulties to encounter. The self- inaugurated and unauthorized Convention of California, and the ad vent of her Senators, took the whole country by surprise. It was re pugnant to all precedent, and by raany was considered disorganizing and revolutionary, and can, unquestionably, only be excused by the phenoraenal condition, at that juncture, of the people on the Pacific. Positive laAvs, as Avell as political usages and precedents, must some times yield to inexcusable popular necessities. The National Congress, and the people it represented, Avere, at that crisis, divided into hostUe fac tions on momentous issues every day becoming more aggressive and men acing, and he who fraternized with one Avas sure to incur the hostility of the other. The friendly aid of both parties, and of all factions and cliques, was indispensable to California. Without sacrificing his prin ciples, or surrendering, or even Aveakening, his life -long connection with the democracy, Mr. GAvin, as Senator, contrived to maintain friendly relations with men of every shade of opinion. As he had become a favorite Avith Mr. Calhoun after having aided Gen. Jackson to crush nulUfication, so, it is well known, he secured the friendship of Mr. SeAvard, while voting on opposite sides, every day, in the Sen ate. This erainent statesraan, whose career is a problem, and who Avas so much of an actor, that it is to this day a question, as to Avhat were his real sentiments on many vital issues, and of Avhom Ave may say — " Too bad for a blessing, too good for a curse, I Avish, from ray soul, thou Avert better or Averse " — supported all Mr. Gwin's measures. Mr. Seward, it Avill be seen, Avhen the secret history of that event ful period shall be fully disclosed, Avas not placed at the head of Mr. Lincoln's cabinet, Avithout very pronounced opposition. Many of the radicals distrusted his tendency to conservatism, and the great body of them had no fancy for his culture and social proclivities. He was, by long odds, the ablest man in the conglomerate party that elected Mr. Lincoln. Though occasionally wUd, metaphysical and oracular, he Avas always in his proper element, and stronger and raore impres- Territory and State. 443 sive, when standing on the broad, national doctrines of the old whig party— doctrines which, had they been adopted in time, would have averted secession. Mr. Seward, against his own convictions, was swept along by the resistiess flood of radicalism, and by the war that followed ; but there is reason to beUeve that he often saw, and deeply deplored, the excesses and crimes that were committed, in the name of liberty and the constitution. Senator GavIu, of California, strange as it may seem, had several interviews Avith President Lincoln, to urge Mr. Seward's appointment to the Premiership, which was not agreeable to the extreme radicals. And he also acted as the intermediary between Secretary ScAvard and the commissioners of the Confederate Congress, to confer with the in coming administration on terms of peace and reconciUation. He thought then, and now thinks, that President Lincoln, and Mr. Sew ard, if left to themselves, Avould have effected a restoration of the old relations, with some proper concessions and securities on both sides. But they Avere dominated by other cabinet members, of more ultra and inflexible opinions, and by an irresistible outside pressure. What can one man, or a dozen men, however eminent, accomplish against a party, counting its numbers by millions, and frantic with excitement? In 1863 Mr. Gwin was in Paris. The recognition of the Confeder ate government by France and Great Britain was under consideration in the cabinet of the Emperor. At a dinner given by W. W. Corcoran, the Washington banker and philanthropist, at Avhich were present Messrs. Mason and SlideU, the Confederate plenipotentiaries to Great Britain and France, Mr. GavIu, and a few others, the Marquis de Montholon stated that the Emperor favored the recognition of the new government, but that he could not move in the matter without the co-operation of Great Britain. The nobUity and the commercial classes there favored recognition, but the Queen was averse to it. He said if Messrs. Mason and Slidell would address an assurance to the Minister of Foreign Affairs, that the Confederate government Avould certainly inaugurate measures for immediate or gradual emancipation, the recognition by France and Great Britain would soon follow. But both the plenipotentiaries disclaimed any authority to make any such overture, and discouraged the proposition. " Whom the Gods wish to destroy they first make raad." The Marquis, whose confidential relations Avith the Emperor were well known, had many conversations with ex-Senator Gwin about Cali fornia, and the adjacent provinces of Mexico. Subsequently, he was invited to several private audiences with the Emperor, who seemed deeply interested, had miUtary and geological maps before him, and made many notes during these conferences. The French army, under Gen. Bazaine, was then occupying Mexico, under the pretext of adjusting certain large claims' held by Frenchmen on the government of Mexico. The Congress of Notables of Mexico had recentiy offered the empire to MaxiraiUan, and the French Era- peror had approved the offer. On the invitation of the Minister of Foreign Affairs, Mr. Gwin drew up a plan for the colonization of the northern provinces of Mexico, 444 Mississippi, as a Province, with the view to mining and agriculture, protection of colonists against Indians, and against the jealousy of the Mexicans, Avho are inimical to all foreigners, and especiaUy to Americans. Immigrants were to be invited on liberal terms, and on the guarantees of the two imperial governments. The programme of a colony, essentially French, was complete in aU its detaUs. It was discussed, article by article, in a cabinet councU, in the presence of the Emperor, and approved with only one or tAvo verbal modifications. It was next submitted to Maxi milian, who was then in Paris, preparatory to his departure from Europe. He requested Mr. Gwin's attendance at the Tuillieres, and after prolonged and minute inquiries signified his approbation, and de clared the enterprise should be cordially supported. He said he desired American immigration into that quarter ; that it would be a bulwark for the new empire at its weakest point. These were likewise, the views of Louis Napoleon, who saw in the vast mineral resources of Sonora and Durango a second California, to be protected against the Apaches by Araerican pioneers, while the mines were being developed by French capital. Two Aveeks after Maximilian left Europe for his new empire. Sen ator GAvin sailed for Vera Cruz, with an autograph letter from Napo leon to Gen. Bazaine, directing him to furnish the proper mUitary aid in executing the projected colonization. Mr. Gwin was presented to the General by Marquis de Montholon, and delivered his credentials. He was not pleased with the intervicAv. He found there was an ab sence of confidence — entente cordial — between the new imperial gov- ernmert and the French mUitary. The General did not directly dis courage the projected colony, but, diplomatically, cautioned him to have no intercourse with the Mexican authorities; not even to wait upon the Emperor ; that he Avas surrounded by spies and traitors, and was blind to their intrigues ; that they were stirring up jealousies against the French and their General, but he would soon show them who had the control. AVith this bravado, and evidently evading any specific arrangements, he terminated the intervieAV. Mr. GavIii next asked an audience of the Emperor, and received a note from his Secretary that his Imperial Majesty was about starting on an excursion, and would receive him on his return, and meaiiAvhile desired hira to confer Avith the rainisters of Foreign Affairs and of the Interior. Tavo formal at-' tempts-at an interview Avith the first of these dignitaries resulted in failure; and the ex-Senator very justly inferred that these Mexican advisers of the new Emperor were no friends of the proposed colony, and especiaUy to the American element in it. In the meantime, the misunderstanding betAveen the Imperial gov ernment and the French array of occupation, especially in regard to the interference of the latter Avith the collection of the revenue, con tinued and increased. The suraraer of 1864 passed in abortive at tempts to obtain a mUitary escort to Sonora. Bazaine made repeated promises, but Avhen the moment arrived interposed some new obstacle, until Mr. Gwin concluded that the French general, Avith limited abili ties, had unbounded ambition, cherished some secret design for his own future, and was not at all reliable. Territory and State. 445 He returned to France in January, 1865, sought an early audience with the Emperor, in Avhich, with the freedom of an American, he exposed the condition of affairs in Mexico. He told him that Max iraiUan was unequal to his high position ; that he had no force of wiU; no faculty for command ; no adaptabUity ; no influence or power be yond Avhat Avas derived from the French army, and the countenance of his Imperial Majesty. That he was a paper sovereign, and should be so treated, not as an independent sovereign, but as a feudatory of France. Napoleon listened attentively, but replied that that condition could not be realized, and that the neAV Emperor's dignities must be main tained. Pie expressed much interest in the proposed colony, said he had given it much thought, suggested sorae modifications, and desired Mr. Gwin to submit a new profile of the scheme, on an enlarged scale, so as to embrace one or more available provinces. This was done, examined, discussed, and approved, and the Emperor urged his im mediate return to Mexico, with a peremptory order to his General-in- Chief to supply the necessary troops. Armed with this mandate, Mr. Gwin returned to Mexico, Avith no faith in either Maximilian or Ba zaine. The ncAv Emperor Avas a man of culture, fond of the fine arts, and a connoiseur in pictures — nothing more, and of all men then living was least qualified to rule the Mexicans. Though a rigid Catho lic, devoting much time to processions and ceremonies, he was soon in open conflict Avith the hierarchy of Mexico. He squandered his salary, of a million and a half, in erapty pageantry, while the people were scourged by famine; and he surrounded himself with guards splendidly equipped, while every highway in the empire SAvarmed with ragged beggars and brigands. As for Bazine, Avho had just received the baton of Marshal of France, Mr. Gwin found him celebrating his new dignities and his marriage with a girl of sixteen. It was impossible to divert him from his pleasures, and every day he made new excuses for not obeying the orders that had come frora France. The Emperor Maximilian, to evade his share of responsibility, set out on another excursion ! At length, the Mexican journals began to ventilate the project, and it was denied that the Emperor Napoleon had given any authority to encourage or execute such a plan; that it infringed on the sovereignty of Mexico, and could not be allowed. Mr. Gwin called on Marshal Bazine to notice these aUegations. His answer was that he dared not do so ; that MaximiUan, doubtiess, inspired these commentaries ; that he had lost faith in the Emperor Napoleon ; regarded Mr. Gwin as his emissary, and beheved that should he and his foUowers get a foothold in the northern provinces, they would soon subvert the empire. And finaUy, that, if the French array in Mexico supplied troops for such a colony, he, the Emperor, declared he would return to Europe. In this, it must be conceded, MaximUian was not far wrong. He had formed or imbibed frora his Mexican advisers, a rather accurate conception of Anglo-American enterprise, and the probable result of an American colony, armed with Spenser rifles and Bowie knives, receiv ing accessions every day, and with such a man as William M. Gwin, a 446 Mississippi, as a Province, protege of AndrcAV Jackson, a Tennessee-Mississippi-California-Amer ican in command ! No Avonder the Imperial dawdler trembled in his slippers. However, Mr. Gwin had no such programme on his slate at the time. His object was to rescue the country from the savages, protect all our exposed frontiers from their bloody incursions, and to develop the richest metallic region of the world. A grand enterprise, the concep tion of a great and original mind. Seeing, however, that it had faUed, and that great changes were impending, Mr. Gwin demanded an es cort to take him out of the country, Avhich Avas promptiy furnished. On taking leave of the Marshal he said : "I hope your guard will secure me safe deliverance out of Mexico, and unless you and the Emperor leave very soon, I doubt if you wUl be permitted to go." Words that soon proved prophetic in the case of Maximilian. The idea of Louis Napoleon was to extract from these northern provinces metal enough to extinguish the Mexican national debt, guaranteed by France, and to give stability to his new creation, the ncAv Mexican empire. Here we close this sketch of the Hon. Wm. M. Gwin, who was so long and so prominently connected with Mississippi, and since so conspicuous in the development of the Pacific coast. The incidents of his useful, eventful and patriotic life would fill a large volume. He resides a't San Francisco, at an advanced age, in full possession of his raental and physical powers, surrounded by all the happy auxUiaries of faraUy, fortune, hearth and home. Note. — By the indefatigable efforts of this able Senator, California obtained a mint, a marine hospital, a floating dock, a minute coast survey of near 2,000 miles, lighthouses, a navy yard, numerous Indian agencies, the introduction of the United States Circuit Court system, regular mails from Panama to Califor nia and Oregon, authcrity for numerous mail contracts, a right of transit over the Isthmus of 'Tehuantepec, the reduction of postage on letters from forty cents to six cents, the appointment of a Surveyor General, provision for the ad judication of land claims, and the extension of the United States system of surveys, and division and sub-division of public lands, over California. His speech, (or rather series of speeches, but which make one great connect ed argument on the bill, "to ascertain and settle the private land claims in the State of California,") Avas commenced January 2d, 1851, on his motion to strike out all after the enacting clause, and insert an entirely new bill, was made, chiefly, in reply to Mr. Benton, the author of the original bill. He occupied several days in its delivery, and won the victory over that great master of logic, history and parliamentary law. This speech exhibits deep research, and is a complete mastery of the British, French and Spanish land systems on this continent. It was learned, eloquent and demonstrative ; may be studied with advantage by every lawyer, and by every student of history. Upon this speech Mr. Gwin may safely rest his claims as an enlightened statesman. The following memoir of a distinguished man, remarkable for his successful career, and for his integrity and consistency, elucidates much of our history, and discloses many interesting incidents, that ¦ have not previously been revealed. The narrative of the enterprises set on foot, in Canada during the war, by Mr. Thompson, reads like romance, though perfectly authentic: Jacob Thompson. Territory and State. 447 Jacob Tho-aipson Avas born in 18 10, in Caswell county. North Car olina. Entered the University of N. C. in his 17th year, where he continued for four years, ahvays receiving the firsi honors of his class. Graduated in 1831. On the day of graduation, he Avas appointed one of the tutors of the college ; and discharged the duties acceptably for eighteen months, Avhen he resigned, and commenced the study of laAv, in the office of Judge John M. Dick, of Greensboro, and in eighteen months received his license to practice in the inferior courts. In 1835 he was admitted attorney and counseUor-at-law, in the superior courts of the State. In the same year he left North CaroUna, proposing to settie in Natchez, Avhich at that time Avas in the hey-day of its pros perity, and Avhose people Avere living in great luxury, and Avere be lieved to possess unbounded Avealth. Just as he Avas leaving Colum bus, Miss., to resume his journey to Natchez, his brother, Dr. Jaraes Y. Thompson, drove up unexpectedly, and induced him to dismount. He remarked that the ChickasaAV Indians had lately ceded their splen did country to the government; that already a large portion of the lands had been surveyed ; and that the Land Office had been located at Pontotoc, near the centre of the cession, and it Avas expected that a day for the sale of the lands Avould soon be proclaimed. That he Avas on his Avay there, and expected to buy land, and urged hira to forego his trip to Natchez, and go with him. This chance meeting brought about his residence at Pontotoc. The ChickasaAV cession em braced the greater part of that portion of country known as North Mississippi. The soil was fertile, the climate healthy ; and the cus tom of the Indians of annually burning the woods had been so care fully observed that there was no underbrush, and the Avoods through out presented the appearance of a well kept park, the scenery varie gated and beautiful. Soon after his settleraent at Pontotoc, the Indian Agency was trans ferred to that point. The U. S. Land Office had already been opened there. Each Indian Avas alloAved a reservation of land under the treaty, and as it was the policy of the government to remove them to the west of the Mississippi river, the greatest facilities Avere afforded them for the alienation of their lands. This brought together at Pon totoc, the Indians in great numbers, and capitalists and land specula tors from aU parts of the Union. The crowds Avere iraraense, and often turbulent. The Legislature had extended the jurisdiction of Monroe county over the whole ces.sion, and the courthouse was about fifty miles from Pontotoc. At this distance from the seat of justice, surrounded by the unbroken forest, few felt the restraints _ of law. And of course the business of a young lawyer mainly consisted of office business, and that chiefly relating to conveyancing. As the In dians were daily receiving large amounts of money, and as they were, as a general rule, as improvident as chUdren, money found its way into everybody's pocket. Every business prospered, and the greatest extravagance was everywhere practiced. The first public question which divided the coramunity, was in re lation to a vote whether the State should endorse the Union Bank bonds, for $5,0,00,000, and the first speech ever made m the State by 448 Mississippi, as a Province, Mr. Thompson on any political question, was at a meeting at Ponto toc, for the purpose of favoring that policy, and instructing the repre sentatives in the legislature to vote for the indorsement. Mr. Thomp son opposed the resolution, in a speech of great force, which attracted much attention in that portion of the State, and elsewhere. He de nounced, in the strongest terms, the banking mania which at that time was running riot over the State. He predicted that the se quence would be overwhelraing ruin, and universal bankruptcy. He believed if the Union Bank, borrowed this money, by virtue of the State's endorsement, and commenced operations, it would not prove an exception, and then appealed to the people to say if they were wUling, by taxation, to make good this proposed endorsement, after speculators and gamblers had squandered the raoney. The feeling in favor of banks Avas, hoAvever, too strong, and the resolutions passed by a meagre raajority. The argument used in their favor was, the more banks Ave charter, the more money we shall have, and the greater the amount of raoney, the greater will be the prosperity of the people. In the year 1837 the legislature divided the ChickasaAV cession into ten counties, attaching a portion of it to the old county of Mon roe. A session of the legislature having been called, Gov. Lynch was applied to for writs of election for members of the House from each of these new counties. He declined to issue the writ, and in a pub lic letter gave his reasons. The Democratic party was greatiy in censed at this refusal, and as the constitution expressly provided that each county should be entitied to at least one representative, a pub lic meeting was held to review the governor's letter, and to devise some plan for electing representatives independent of the governor. This meeting proved to be a trial of strength of the two parties in the county of Pontotoc. Mr. Thorapson Avas on this occasion the cham pion of the Democratic party, and was opposed by AVm. Y. Gholson, T. J. AVord and others. The discussion at the first meeting Avas ex tended into the night, and, as no vote could be taken, an adjourned meeting was held, at Avhich the opponents of Gov. Lynch's views pre vailed by a handsome majority, and Mr. Thompson Avas elected to draw up an address to the ChickasaAV counties. A very large edition of this address Avas printed and distributed. Soon after this the bar of North Mississippi very generally called on Mr. Thompson to sub mit his narae to the people as a candidate for Attorney-General of the State. He accepted the nomination, although a comparative stranger in Mississippi. In this canvass he Avas defeated by a very small ma jority, but in the counties where he Avas known, although party spirit ran high, he received nearly a unanimous vote. He was present at the organization of the first circuit courts in nearly all the new counties, and aided in the sarae, and his practice frora that day becarae exten sive and reraunerative. In 1837 there was a general suspension of the deposit banks, which forced President Van Buren, who had been inaugurated on the pre vious 4th of March, to call an extra session of Congress. Under a regular writ of election issued by the governor of the State, John F. Territory and State. 449 H. Claiborne and Samuel J. Gholson Avere duly elected. They ap peared and took their seats, and were declared duly elected for that Congress by the House of Representatives. At the fall election in November, notAvithstanding this decision by the House of Represen tatives, Sargeant S. Prentiss and Thomas J. Word stood a canvass, (the sitting members not appearing in the field) and Avere elected members of the same Congress. This led to a most exciting contest, which resulted in setting aside both elections, and remanding both parties to a ncAv election by the people. After a heated canvass, Pren tiss and AA'ord Avere returned to the House of Representatives.* Early in the year 1839 the Democratic party raet in convention. The defeat of the preceding year, the gloom which overhung the State, owing to the universal distress occasioned by the suspension of aU the banks, the supposed strength of the banks Avith the people in despite of their suspension, and the ncAvness of the radical issue Avhich the Democratic party AA'as bound to presenti that the banks must resume or forfeit their charters, greatly dampened the ardor of the merabers of the conven tion. They made norainations, but they had faint hopes of success. A. G. McNutt Avas nominated for governor, and Albert G. BroAvn and Jacob Thorapson for congress. The canvass was thought to be des perate, and nothing but a determination to stand by their party, and abide the issue, induced the nominees to accept the nominations. With a hearty good will they entered the field, and each made a can vass of the State. The shameless mismanageraent of the banks, and the ruin and distress which they had brought upon the country, Avhen ever exposed, excited the resentraent of the people, and the indignant cry of resurae or forfeit, AA'as re-echoed throughout the State. The nominees of the Democratic convention were elected by handsome majorities. Brown and Thompson were both young raen, but they conducted the canvass with marked ability, and to the entire satisfac tion of their party. To shoAv how distinct party lines were drawn, and how well the parties of the country were, at that time, balanced, the foUoAving incident may serve to illustrate : The election Avas held in November ; the session of Congress began on the first Monday of December. As Ave had no telegraphs, and no railroads, the returns from the different parts of the State came in sloAvly, and in case of a close contest, it often required fuU six weeks to determine the question of election. President Van Buren wrote to Gov. McNutt that the members from Mississippi, if Democratic, should be in their seats at the opening of Congress. By special runners the returns were col lected, and as soon as it was known that Brown and Thompson Avere elected, couriers were dispatched to them with their credentials, with a letter informing them of the necessity of their presence at the open ing of Congress. The courier found Mr. Thompson at one o'clock at night, and he left for Washington by day-break next morning, and arrived on Monday morning, took his seat, and on the first division his vote tied the House. If was on the New Jersey contested election * Mr. Gholson had declined, Mr. Claiborne down with hemorrhage of the lungs and unable to canvass. 29 45° Mississippi, as a Province, case.* A majority of the popular vote had been given to the Demo cratic members, and the certificates of election had been given to the Whig candidates. This question produced a great acerbity of feehng, and engrossed the attention of Congress for the larger portion of the session of 1839 and 1840. The people of Mississippi had but lately settied on the pubhc lands, and the cases of difficulty in perfecting tities under the pre-emption laws, the irregularity of the public sales, and the conflicts with Indian locations of land, were innumerable. Ncav settlements had been made in almost every portion of the State, and therefore ncAv post-routes had to be established, and new post-offices opened. By emigration, pen sions had not been regularly received, and the pensioners' roUs had to be changed and corrected. A vast number of contracts for the sur vey of the public lands, and for carrying the mails, had to be adjusted and settied. With a constituency so many of Avhom had business directly Avith the general governraent, which Avas so far removed from them, the correspondence of the representative was necessarUy volu minous. To this business Mr. Thompson assiduously devoted himself, and the services he rendered, and the success Avhich attended his labors, made for him hosts of friends throughout the State. After this period his popularity was greater than his party strength. In the 'summer of 1840, Mr. Thompson returned horae to partici pate in the stormy Presidential canvass between Van Buren and Har rison. He traversed the larger portion of the State, giving to Mr. Van Buren an earnest support. But the administration Avas held re- •sponsible for the pecuniary distress which prevaUed everywhere throughout the United States, and General Harrison SAvept over Mis sissippi, and the country generally, like a tornado. In 1841, Mr. Thorapson desired to retire frora public life and devote himself to pri vate business, but, when the Democratic Convention convened, he was unanimously re-nominated for Congress, and Gen. Brown having positively refused to stand another canvass, Dr. William M. Gwin was nominated as his colleague. President Harrison survived his inaugu ration but a short time, and John Tyler became the President. An extra session of Congress was called, and the great issues raised during that session became those of the canvass for the most part. Yet there was a question forced upon the people during the summer of 1841, on which every candidate was compelled to take position. The Union ¦^' While the writer was a representative in Congress, and parties Avere nearly balanced on the Independent Treasury question, there Avas an exciting contest for a seat between General Graham, of North Carolina, the sitting member, and a Democrat whose name is not remerabered. General Graham Avas a pronounced Whig, and a prorainent raeraber. The contest had been going on six Aveeks, a large volume of testimony had been taken and printed, and tlie committee had just made their report adverse to Graham. The writer had been down "with hem orrhage during all this tirae, and had not been in his seat five minutes "before he was called on for his vote. He asked to be excused, but there Avas a general No I Not on the Democratic side. He then said, he regarded all contests of this char acter as judicial, to be determined by the' evidence exclusively. That he had not heard any of the debates, or read one word of the printed testimony, and Avas not qualified to vote. He asked time for examination, or to be excused. But if the House refused his request, and coerced his vote, then he should cast it for the sitting member, who Avas prima faeie entitled to the seat. He was excused. Territory and State. 42 1 Bank had become utteriy bankrupt; the bonds of the Bank which had been endorsed by the State, and with which the Bank had raised the capital on which it had run its brief career, had been dishonored, and the State Avas caUed on to make good its endorsement. The Governor had refused payment, on the ground that the State Avas not legally or morally bound, and an appeal was made to the people. Mr. Thomp son, being a candidate for Congress, was called upon for his vieAvs, and in a letter to Mr. AVebster, of Vicksburg, he maintained that the Governor Avas right in his refusal to admit the binding obligation of the State's endorsement. This letter stated the whole case with so much clearness, force and eloquence that it satisfied the pubhc mind, and from that day to this no one has been or could be elected to any position of honor by the people of the State, who did not endorse the sentiments of that letter. The succeeding Legislature, in proclaiming the position it took in regard to the Union Bank Bonds; embodied in substance the whole letter. In November the nominees of the Demo- •cratic party, Thompson and Gwin, were elected Representatives in Congress. During the ensuing session, offensive allusion having been made, on the floor of the House, to the course which Mississippi had taken in reference to these bonds, Mr. Thompson denounced her tra ducers, and delivered a masterly speech, Avhich put a stop to aU sneers and jeers, or objectionable epithets for that session. In 1843 the rep resentation from the State was increased to five members in the House of Representatives. When the Democratic Convention met, it again unanimously nominated Mr. Thompson for Congress, with W. H. Hammet, T. H. Tucker, and Col. R. W. Roberts, for his colleagues, and in the fall they were duly elected.* Early in 1844 the annexation of Texas became the prominent ques tion. This was made more especially an issue after the celebrated letter of Robert J. AValker, Senator from Mississippi. Mr. Clay and Mr. Van Buren had been called on for their vIcaa's. Mr. Van Buren was then not only the acknowledged favorite of the Democratic party for re-election, but it was conceded that in equity and good faith he was entitled to tli,e nomination. Well knowing the controlling agency "•*Col. Boberts was a native of Delaware. As soon as he attained his raajority he removed to Tennessee, carrying with him the slaves that he had inherited from his father's estate. Before he left Deleware he had fought two duels, mar- Tied and was the father of a fine boy. He was just the man for Tennessee and Andrew Jackson, and they soon made him a Circuit Judge, and would have sent him to Congress, but he followed the tide of immigration to the rich lands of North Alabama, and from thence moved to Mississippi. He was a leading mera- Iier of our Legislature, presided as Speaker with marked ability, and was a mas ter of parliamentary law. It used to be said that he slept Avith old Hansard under his head. No one ever successfully appealed from his decisions. He Avas an im promptu, forcible, and sometimes a very fiery debater, with an eye, and manner that meant business. As a man of honor, a patriot, a good citizen, a true and conscientious and skillful party leader, Ave have never had his superior. Hammet was a handsome adventurer from Ireland, of classical education and insinuating manners. He had been, at sorae period of his life, a Methodist preacher, and must have been rather fascinating. But, as seen by tbe Avriter, there was little of the ecclesiastic in his appearance, manners or habits. He was a man ol literary tastes, of polished address,>nd a handsome and fluent speaker. Since his death it has been doubted whether he was ever naturalized under the laws of the United States as a citizen. See Acts of Missisippi Legislature, 1861, .58 page. 452 Mississippi, as a Province, this question would have on the Convention — that it could be used and perverted by ambitious leaders — and that acquiescence in annex ation Avould secure his nomination, he nevertheless responded only to his honest convictions, and pronounced against it. The effect was electrical. The Convention adopted the two-thirds rule speciaUy to defeat the nomination of General Cass, who had given in his adhesion to the annexation policy, but Avas by no means their choice. Mr. Robert J. AValker Avas the active manipulator of that memorable Con vention. He was himself aspiring to the Presidency, in the future, and it was by springing this question of annexation, and the adoption of the two-thirds rule, that he secured the nomination of a man not previously thought of, and Avhose successor he proposed to be. Mr. Polk gave an unasked for and voluntary pledge not to be a candidate for re-election, and Mr. AValker selected for himself the Treasury De partment, which would open the door of the Presidency for him after wards. Mr. Polk regretted his pledge almost as soon as he had made it, and was shrewd enough to perceive the game of his raost active supporter. It was on this occasion that the illustrious statesman of Kentucky gave a sublime instance of political integrity. He had seen the down fall of Mr. Van Buren frora the honest confession of his opinions. He had Avitnessed the nomination of an untried man, of the second class of politicians, and of vulnerable antecedents. And he kncAv that one Avord in favor of annexation, a qualified assent, or a sUght modifica tion of his opinion, Avould secure his election to the Presidency, by acclamation, but he refused to yield. He wrote his own sentence of exclusion from the supreme magistracy of the Republic, and then and there predicted the eventful consequences that have followed. That was the crisis in Mr. Clay's political life. He had then no peer in the United States. If not superior to Mr. AVebster intellectually, he Avas far ahead of him as a statesman, and practical politician, and in the af fections of the people. His candor, courage, and thorough American ism, endeared him to the raillions, and thousands of Southern voters in the Democratic party, who had been in opposition to him, would have gladly seized that occasion to give him their support. Mr. Van Buren and Mr. Clay sacrificed their opportunity to their convictions, and for the first tirae in our history the Presidential chair Avas filled by a raan not thought of by the people, Avorking in the harness of a cau cus, and riding into poAver on a single issue. On that single issue, without having been even dreamed of for the Presidency, he defeated Clay, Van Buren and Cass, the three grandest figures tiien in pubUc life. He was constitutionaUy a timid man, and only bold when sup ported by others bolder than himself. He had a vigorous cabinet, and the achievements of our army in Mexico gave strength and iclat to his administratibn ; but he can only be regarded as a man of medi ocrity, Avho rose to poAver in the train of Gen. Jackson, exempt from positive vices, remarkable for his prudence, and a thorough master of the strategy of politics. AVith all the poAver and patronage of the Gov ernment, (greatiy augmented by the Avar) and with the lustre of victory and vast territorial acquisitions reflected on him, he nevertheless wit- Territory and State. 453 nessed, before his term expired, the decay of his popularity, and no one, but himself, hoped for his re-election. Pie owed his nomination more to Messrs. AA^alker, GAvin and Thompson, of Mississippi, than to any others in the Convention. Mr. Thompson and Mr. GAvin took an active part in securing the Treasury Department for Mr. Walker. This Avas by no means an easy matter. The Van Buren wing of the party, though they could not secure the nomination of their chief, was too powerful and too essential to be disregarded, and they desired to suggest the man for the Treasury, and Mr. Polk desired it also, to strengthen himself. But the pertinacity and firmness of Mr. Walker and his friends, amounting almost to a menace, forced him to suc cumb. Mr. Polk had carried the vote of Ncav York, by Mr. Silas Wright consenting — very much against his inclinations — to become a candi date for Governor and to canvass the State. That great man and able politician Avas then at the zenith of his popularity and influence. And he unquestionably secured the election of Mr. Polk. Mr. Polk had no rightful claim to the vote of Louisiana. It Avas given to him by fraud, yet from the moment he went into office he Avas merely coldly courteous to Mr. AVright, from a jealousy of his popularity. The Secretary of the Treasury discouraged no intimate relations with statesmen likely to become formidable. When Mr. Walker's position in the cabinet Avas settled, and he no tified the Governor of Mississippi that he should vacate his seat on be ing nominated and confirmed, the Governor (Brown) made out a commission appointing Mr. Thompson, and sent it to Mr. Walker to be delivered as soon as the vacancy occurred, so that Mr. Thompson could occupy the seat at the extra session of the Senate that always oc curs after the 4th of March, and the inauguration of a new President. Mr. AValker, in due time resigned, but failed to deliver the comraission to Mr. Thompson, or even to mention that he had it. This extraordi nary incident produced a breach between them that Avas never repaired. Mr. Thompson returned home to find himself re-nominated for Con gress by acclamation . Governor Brown again offered him the com mission of Senator, but he deemed it his duty to decline. He Avas elected to the House of Representatives by an overwhelming majority. As chairman of the Comraittee on Public Lands at the preceding ses sion, and now as chairman of the Committee on Indian Affairs, he had been very efficient and influential. The settiement of the northwestern boundary on the line of latitude 54, 40, or on 49, the Mexican war growing out of the annexation of Texas, and the acquisition of new Territory, and the passage of the rev enue tariff biU, were the great measures of this Administration. On aU these Mr. Thompson made impressive speeches, and no member of the House exerted a larger influence. The State was laid off into con gressional districts in 1847. Mr. Thompson fell into the Northern District, and the Democratic Convention insisted on his returning again to Congress from that District in 1847- On his return to Con gress he was again appointed chairman of the Committee on Indian Affairs, and served in that capacity for two years. In 1849 the Whig 454 Mississippi, as a Province, party brought out Gen. A. B. Bradford, of Marshall, a very popular and influential citizen, for Congress, and Mr. Thompson's friends refused to allow him to withdraw, and again he stood the canvass in that year and was elected. These two years ending on the 4th of March, 1851, completed the term of twelve years of continued service in the House of Representatives. Mr. Thompson, though comparatively a young man, began noAv to be considered one of the Fathers of the House. Cautious and delib erate in taking positions on all new issues, yet firm and resolute in maintaining them, he was ever consistent, and became a leader on Avhom the most implicit reliance could be placed. Always prudent, yet firm and determined, sure of his position and well able to defend it, no constituency was ever served with more fidelity, honesty and efficiency, and none ever trusted a representative with more constancy and confidence. He was never known to dodge an issue, or fail to maintain the course he advocated, or prove untrue to a colleague or poUtical friend. But the time was coming in which he was to be stiU more thoroughly tried. In 1850 the compromise measures were passed, which admitted California as a State, and provided Territorial Governments for New Mexico, Utah and Arizona, and prescribed the northern boundary of Texas. Mr. Thompson had opposed these measures; and the issue made up at home was either to advocate these measures or insist upon disunion, and he knew well that his constitu ents Avould not at that time favor disunion. Mr. Thompson having previously openly announced his determina tion to retire, published a masterly review of these measures, and avowing his determination to withdraw from another canvass for Con gress. He deprecated the issue which had been made by his friends, but made known his Avillingness to stand or fall with them. When the Democratic Convention, in 1851, met and looked for a candidate to fill his place, they failed to come to an agreement upon any one, and finally unaniraously resolved that the party needed the use of his name and services in that canvass, and adjourned. Friend after friend appealed to him to run for Congress, and to let the general ticket take care of itself, and the people would take care of him. Un der these circumstances he reluctantly consented, but instead of taking care of hiraself, he undertook to carry the Avhole ticket through his district, which proved a weight too heavy araid the storra Avhich had been raised, and he, and all his ticket, Avere defeated in this canvass. In 1852 Mr. Thompson became a delegate to the Baltimore conven tion, and contributed as much, perhaps raore than any one of its mem bers, to the nomination of Gen. Franklin Pierce for the Presidency, one of the purest and best raen that ever occupied the office. He served on the comraittee to carry to the ncAvly nominated President the news of his selection, and to receive from hira his acceptance. Du ring the incumbency of President Pierce, Mr. Thompson Avas tendered the consulship to Cuba, an important, and supposed at the time to be a most profitable office, Avhich he respectfully declined. During the canvass of 1855, his friends throughout the State insisted upon his be coming a candidate for the U. S. Senate. He consented that his name Territory and State. 455 should be used, and a majority of the members, it was supposed, fa vored his election. But there were other aspirants who had their fol lowers, and to preserve the harmony of the party, when great issuefi were pending and southern unity indispensable, it was decided, in caucus, to nominate Col. Jefferson Davis, who had not been seeking the position. In 1856 he was again a delegate to the Presidential convention which met at Cincinnati in that year. He Avas the open and active supporter of Mr. Buchanan, of Pennsylvania, for Avhom the nomina tion was finally secured. After the election President Buchanan in vited Mr. Thompson to become a member of his cabinet, and take charge of the Department of the Interior. This position Mr. Thomp son accepted and entered on the discharge of his duties- in March, 1857. AVhen he took charge of the department he found it a mere ag gregation of Bureaus, having jurisdiction of different branches of the public service, Avorking independentiy, without concert, and appar entiy without control, making the Secretary a mere figure-head. It consisted of the Bureau of PubUc Lands, Indian Affairs, Patents, Pen sions, the Census and Statistics, and the Comraissioners of Public BuUdings and Grounds. And it had often happened that the com missioner of one of these Bureaus would recommend in his reports one policy for Congress to adopt, and the Secretary another, and out of this state of things arose divisions, Aveakness and confusion. Mr. Thompson determined to stop this irregularity, and introduce a sys tem which promised unity and efficiency. He first made known his views to the President, who cordiaUy sanctioned his policy, and prom ised his support. He then caUed together the several commissioners and made known his wish to make the department a unit, and for that purpose it must have one head. He hoped he would have the cordial co-operation, and the frankest interchange of opinions and vicAvs of aU his associates. All appointments to and removals from office would be made by the Secretary. Each Bureau would be expected and re- qmred to take hold of and dispose of all old cases, and be ready to dispatch all current business, and when any policy was ¦ to be recom mended for the action of Congress, the freest discussion and interchange of views would be invited, and the subject AveU considered ; but when the Secretary decided the course to be recommended, all had to ad vocate and sustain his views or resign their positions. An appeal clerk from each Bureau would be appointed, and the final decision of the Secretary would be the law of the case, so far as the department was concerned. These avowals at first led to some commotion, and although there was an advance expression of acquiesence, yet practi caUy the machinery seemed for awhile to AVOrk heavily. The result was he lost two of his ablest commissioners, but their places were soon filled with successors of equal abiUty; cheerfulness and harraony prevaUed in all the Bureaus. The Secretary being a working man, the whole corps of clerks caught his spirit, andm twelve months neariy every old case had been disposed of, and the different offices were fully up with current business. The result was, the department grew in favor and popularity with the whole country. No recommendation 4S6 Mississippi, as a Province, made by the Secretary but Avas readily adopted by Congress. There Avas in no quarter, notAvithstanding its many and varied transactions in all parts of the Union, the first suggestion of fraud or corruption or any intimation of undue influence in any of its decisions. The vol umes of the decisions of Secretary Thompson in land cases alone, Avere larger than the volumes of the opinions of the Attorney-General. Just at the close of Mr. Thompson's administration of the Interior Department an act of treachery and bad faith to the head of the de partment Avas committed by one of his trusted clerks, which occa sioned gross and malignant charges against him. By law, the Secre tary of the Interior was the custodian of the Indian Trust Fund. The fund amounted to more than $3,000,000, and consisted mainly of the bonds of different States. Ever since the organization of the fund, it had been the custom of the head of the department, to leave the actual custody of the bonds in the hands of a clerk of the Indian Bureau. Mr. Goddard Bailey, Avho came to AVashington from Alabama, having been brought up in South Carolina and connected by family relation ship Avith the best people of the State, and also a man of decided tal ents, had been appointed Appeal and Disbursing Clerk of the Indian Bureau, and Avas directed to take charge of this trust fund, and for nearly four years discharged its duties in a satisfactory manner. WhUe he was thus engaged a great Avestern company, under the name of Russell, Majors & AA^addell, entered into a transportation contract with the AVar Departraent, which amounted to miUions. Their resources were thought to be almost unlimited, and their operations were on a magnificent scale. Their funds, hoAvever, running short, application was made to the Secretary of AVar, for perraission to anticipate their earnings by draAving drafts on the Secretary, and his accepting the same. In an evil hour the Secretary of AVar yielded to this solicita tion, and accepted drafts to a large amount. The drafts were known, in moneyed circles, as acceptances of the AA^ar Department. For awhile money Avas raised upon them, and they Avere floated by capit alists. But in the year i860, it seems, the earnings of the Transporta tion Company Avere not sufficient to bear up the great load upon it. It was then that the leading member of the firm raade the acquaintance of Mr. Bailey, who had the custody of the Indian Trust Fund, and persuaded him to let him have, in the most secret manner, $150,000 of these bonds, and take in lieu of them the notes of Messrs. Russell, Majors & AVaddell. The avOAved object Avas to save the Secretary of War from protest on his acceptances. This Avas in July. In October, i860, RusseU again appealed to BaUey for more securities, to save the credit of the Secretary of War, and to enable him to control the bonds already received, so as to return them. Mr. Bailey again se cretiy took from the trust fund $387,000, taking the precaution first to clip off the January coupons, so as to escape detection. Again, RusseU deposited with Bailey the notes of RusseU, Majors & WaddeU, as security for the bonds. In December, i860, RusseU once more applied to BaUey for aid to save the credit of the War Departraent, and at this tirae obtained from him 333 bonds, Bailey retaining the coupons. This tirae Bailey seems to have groAvn suspicious of the Territory and State. 457 notes of RusseU, Majors & AVaddell, and required RusseU to leave Avith him the acceptances of the AVar Department for the full amount of all these bonds delivered, Avhich Russell succeeded in doing very promptly. In the raeantirae the Secretary of the Interior, having not the least thought that anything Avas Avrong, caUed on Mr. BaUey to make out a full statement of aU the securities on hand, and bring it to him for examination, and report to the proper auditing officers. This Avas promptly done, and the accounts Avere neatly made out as though every bond Avas in the safe. AVhen the coupons Avere called for they Avere readUy produced, and no one could have suspected that anything Avas amiss. But, suddenly, Bailey hearing that the Secretary Avould resign his position, reasonably presumed that, before doing so, he would order his chief clerk, or some one else, to examine the safe, and verify its condition, then it Avas he sent to the Secretary his confes sion, and avoAved his abstraction of the bonds, and explained his mo tive for committing such a crime. The moment it was made known to the Secretary, he called on the Secretary of State, and the Attorney- General, and went with them to the Department, and called around him three confidential clerks, and had the safe examined, and the crimi nal's confession tallied Avith the facts. The culprit Avas of course dis missed and handed over to the officers of the laAv. On the next day Secretary Thompson addressed a coraraunication to the House of Rep resentatives informing that body of the abstraction, and asking for a committee of investigation, and requested the Speaker to select for the committee only those Avho Avere known to hold political opinions ad verse to the Secretary. This committee was appointed, and of the five upon it, only one belonged to the Democratic States Rights party. They gave the subject a thorough examination, and raade a unani mous report. A single extract frora that report will shoAv the senti ment and feeling of the Committee. " They," the Committee, " deem it but justice to add, that they have discov ered nothing to involve the late Secretary, Hon. Jacob Thompson, in the slight est degree in the fraud, and nothing to indicate that he had any complicity in the abstraction, or that he had any knowledge of it until the time of the dis closure of Goddard Bailey." At the time of this investigation and report, the greatest bitterness was felt and expressed towards all men of the South Avho made known their purpose to stand by their States. Such a verdict, at such a time, wrung from political enemies by the most unquestioned and unques tionable facts, ought to have silenced forever the tongue of _ slander. But it did not. Unprincipled men attempted, again and again, to fix the stain of fraud upon the Secretary, but this had already been an swered by the report of the Committee. It seems, however, that when the worid once gets hold of a lie, you may beat it in the head, and trample it in the earth, yet it seems impossible altogether to kill it. In the year 1861, Abraham Lincoln was elected President of the United States. As soon as the result was knoAvn, several of the South ern States adopted measures looking to secession from the Union. Mr. Buchanan, in his December message to Congress, had taken the position that the States had no constitutional right to secede, and that Congress or the Government had no constitutional right to use force 458 Mississippi, as a Province, of arms to coerce obedience on the part of a State. But South Caro lina, notwitiistanding, precipitately passed her ordinance of secession on the 2oth December, i860. This action forced upon the Govern ment the gravest possible issue, and greatly embarrassed the adminis tration. UnAvUling to give any sanction to the act of South Carolina, but still unAvilUng to plunge the Government into a conflict of arms, which would cut off all hope of comproraising the difficulties, the only course or line of conduct left open for the administration was to agree to allow the status quo to continue, until Congress and the country should have time and opportunity to arrange some programme which would save the Union, and satisfy the disaffected States. Mr. Thomp son, being a member of the cabinet, and from the State of Mississippi, which Avas then discussing the proposition of Avithdrawal from the Union, Avas placed in a delicate position. He raade known to the President, and to his colleagues, that he felt bound to go with his State, but would adhere to the administration as long as peace could be preserved and bloodshed avoided. A mischievous raovement, made by Major Anderson, without orders, brought up a perplexing question. On the 26th December he evacuated Fort Moultrie, and took possession of Fort Sumter. An appeal was made to the President to order him to return to his old quarters, Avhich Avere re garded by Major Anderson as less desirable, and Aveaker than Fort Sumter. The President felt unAvUUng, now that the movement had been made, though without his authority, to order him to return. This, Avith other coraplications, led to the resignation of Gov. Floyd as Sec retary of War. On the 6th January, 1861, Gen. Scott, the head of the array, fitted up the "Star of the West," with troops and niUitary stores, to reinforce Maj. Anderson. Mr. Thompson was not made aware of this movement until the morning of the 9th January, and believing that it would necessarily result in a conflict of arms, and moreover, Mississippi having passed her ordinance of secession that same day,'he sent in his resignation as a member of the cabinet. In severing his connection with the cabinet, and the Interior Department, simultaneous with the appearance of the "Star of the West" off the harbor of Charleston, with supplies and soldiers to reUeve and strengthen Fort Sumter, and also the AvithdraAval of the State of Mis sissippi from the Union, the pubUc mind Avas greatly startied, and it was obvious that a crisis Avas upon the country. Mr. Thompson's family Avere favorites in the fashionable circles of Washington, and his house had been the resort of leading men of both parties. He Avas personally extremely popular in AVashington, and his resignation and departure Avere much regretted. On his arrival at home, a crowd of neighbors and personal friends met hira at the depot, and received him Avith cordial greetings. In the formation of the Confederate Govern ment, and in its organization Mr. Thompson took no part whatever. He went dUigentiy to work to set his house in order, and prepare him self as Avell as he could, for the storm Avhich he deemed inevitable. AVhen troops Avere called for, he contributed largely and freely of his means to equip and prepare them for the field. His only son, C. Macon Thorapson, becarae the quarterraaster of the regiraent com- Territory and State. 459 manded by Col. Mott, but after holding the post untU the regiment was regularly assigned to duty in Virginia, his son, preferring more active service, resigned the position and accepted a staff appointment from Gen. Longstreet, and actively participated in the batties of Bull Run and First Manassas. When Gen. Beauregard carae out to take charge of the army of the West, and fixed his headquarters at Jack son, Tennessee, Hon. J. Thorapson volunteered his services as an aid. He Avent Avith the army to Corinth, engaged actively in the two day's fight at Shiloh, went Avith the reports and trophies of that battie to Richmond, and returned to the army at Corinth until tlie retreat to Tupelo, Avhere he had been sent in advance to select the camping ground for the army. When the army reached there, the campaign on that line evidently Avas ended, and Mr. Thompson returned home. But soon Gen. ViUipegue invited Mr. Thompson to the post of heu tenant colonel in what was known as Ballentine's regiment. He re mained on duty Avith the regiment for some four months, until after the retreat of the army of the West frora Tallahatchie river to Grenada. On that retreat, in a charge at Water Valley, where the enemy had massed for the purpose of cutting off the cavalry, Mr. Thompson's horse Avas shot under him, but he escaped unhurt. The regiment was in the battle at Coffeeville, when the enemy Avas driven back Avith heavy loss. On reaching Grenada, General Pemberton, who had just taken the command of the army of the West, sent for Mr. Thompson and insist ed on his taking position on his staff as chief inspector of the army. When he reached headquarters he laid before Gen. Pemberton a sug gestion that Gen. Van Dorn should be placed at the head of the cav alry, and ordered to move around Gen. Grant's army, then encamped at Oxford and cut the railroad in his rear, and force him to retreat. This suggestion was matured, the order issued, and most successfully accomplished. After the retreat of Gen. Grant from Oxford to Mem phis, the attempt Avas made to invade Mississippi through Vicksburg; and the firstproject, to overrun the State by marching through it, from North to South, Avas abandoned. As soon as this design was known, it became necessary to change headquarters to Vicksburg. General Sherman, Avith four divisions, made divers desperate assaults above the city from the Yazoo river, to break through our lines and enter Vicks burg from that direction. But in each attack he was driven back by Gen. Stephen D. Lee with heavy loss, and at last withdrew his forces up the Mississippi river. Mr. Thompson was present during these attacks, and afterwards was engaged in the battie of Baker's Creek. He returned with the troops into Vicksburg, and as the enemy was closing around us. Gen. Pemberton dispatched him to the headquar ters of Gen. Johnston, who was then encamped at Canton. After the surrender of Vicksburg, Mr. Thompson retreated with the army _ to Enterprise, Miss., and as Vicksburg forces could not engage m active service until an exchange could be effected, Mr. Thorapson returned home, and Avas, during the faU of 1863, elected to the Legislature of the State from the county of Lafayette. He served in the session which was held in Columbus. Afterwards there was a called session 460 Mississippi, as a Province, of the Legislature at Macon, in which he urged strong measures for the defense and protection of the State. At the close of the adjourned session, he received a telegram from President Davis caUing him to Richmond, and advising him he must come prepared to go abroad. He promptly obeyed the summons, anxious to render any service in his poAVer, to advance and maintain the Southern cause. On his ar rival at Richmond he was informed that friendly parties from the West had been there, and given the authorities assurance that there were thousands of people in Ohio, Indiana and Illinois, who were weary of the Avar and desired a pacification. All these people needed was the means of organizing and arming, and as soon as they found themselves strong enough, they would demand of the government of the United States a cessation of hostilities for the purpose of readjust ing all the questions between the North and South. The Confederate Congress had privately received these messengers, had fully conferred with them, and had voted a large appropriation, and directed the President to select and send on this mission one of our most discreet and reliable citizens, who should repair to Canada, and there or there abouts, confer and advise with those who, in any way, sympathize with, and were willing to carry out the proposed measures. When Mr. Thompson was advised that he •fvas expected to enter upon a se cret mission, and to be entrusted with the secret service fund, with no requirements to furnish vouchers for his expenditures, and no restric tion on his discretion, he hesitated to accept the appointment. He sav/ at once how such a position subjected hira to slander and raisrepresen- tation by the unscrupulous, and how meager were the opportunities afforded for doing what Avould reflect honor or credit on himself But difficult and embarrassing as was the mission, hopeless as he considered it, andliable, ashekncAV he would be, to misconstruction, he felt it to be his duty to serve his country and her cause in any honorable manner and in any capacity. As soon as he signified his wiUingness to accept the appointment, his commission Avas made out and delivered; his in structions consisted of a night's intervicAv and exchange of ideas with the President, and Avere only verbal. Mr. Thompson left Richmond for Wilmington, N. C. , being instructed to seek to run the blockade from that point. The day after his arrival there he Avas informed the government had associated Hon. C. C. Clay, of Alabaraa, Avith him, and had appointed Maj. AV. W. Cleary, of Kentucky, as Secretary. Af ter the delay of a few days the party ran the blockade in the English steamer Thistle, and though chased by one of the blockading ves sels, succeeded in reaching the Bermuda Islands. Thence they saUed in the regular English packet. Alpha, to Halifax, Nova Scotia. At the date of arrival at Halifax, Gen. Grant, with an immense array, was moving down on Richmond, declaring ' ' he Avould fight it out on this line, if it took him all summer." Gen. Sherman had taken up his line of march, endeavoring to outflank and drive Gen. Johnson back to Atianta. The army of the Confederates were resist ing their ouAvard march with stout hearts and cheerful spirits. Mr. Clay being very much indisposed, Mr. Thompson, with the Secretary, pushed on to Montreal, Avhere he remained a few days, to ascer- Territory and State. 461 tain the feelings of the Peace party of the Northern and Eastern States. Intelligent and reliable friends from New York were sent for and visited him, but he soon found that the people of those States, being satisfied they were rapidly groAving rich by the continuance of the Avar, Avere unwUUng to join in any movement Avhich had for its object the termination of hostilities. Therefore he Avent on farther west to ascertain the feeling in Ohio, Indiana and lUinois. There ex isted, at that time, a secret order in those States, Avhose membership was large, and Avhose original object had been jDersonal protection against radical terrorism. The late C. L. Vallandingham of Ohio, was the grand commander, or chief officer of the associated societies of the three States, and at that time Avas at AVindsor, Canada. Mr. Thompson, betAveen Avhom and Mr. VaUandingham there had long existed the raost friendly relations, soon learned from him the strength of the order, and the principles Avhich united and bound them to gether. The enroUed membership in lUinois Avas 80,000 fighting men; in Indiana 40,000; in Ohio 40,000. Their articles of associa tion declared that each State Avas sovereign, in the sense of the Vir ginia Resolutions of i798-'99. That an invasion by the General Government of a State Avas unconstitutional, and without authority, and each member covenanted to stand by and defend the rights of every other member, as Avell as the constitutional rights of all the citi zens of the United States. Mr. Thompson was invited to become, and did become a member of the order ; and as soon as he familiar ized himself with its workings, he employed and sent a confidential party to visit the societies, wherever they had been organized, Avith the information that the Confederate prisoners at Chicago, and Rock Island, numbered about 15,000; at Indianapolis about 5,000; and at Johnson's Island about the same. It Avas exceedingly desirable to re lease these prisoners, and return them ^o their respective coraraands in the Southern States. That the United States Governraent had per sistently refused to exchange prisoners of war. That every day he was notified of the sufferings of the prisoners, and that humanity as well as the obligations of the brotherhood, demanded a concerted effort in their behalf. He desired the aid and co-operation of the Order. That he could organize and arm the escaped prisoners, who were good soldiers, and would delight in a stirring adventure. They were sufficiently strong to overcome the guards, and all that was needed was a force to protect the prisoners untU they could be armed and embodied. His agent, James A. Barrett, returned with the an swer that with some additional arras and transportation money, they were ready and williiig to co-operate. The escaped prisoners Avere organized and armed, and were ready at a given signal to repair to their respective posts. Day after day was appointed as the time for meeting, and making the attack. But before the appointed time roUed round, a message would come from the leaders that they could not at that time bring up their men. , Concert of moveraent, and concentra tion, seemed almost impossible. The leaders expressed the greatest confidence in their men, and the greatest readiness on their own parts. Four times a certain day was designated and agreed upon for a simul- 462 Mississippi, "AS a Province, taneous movement on the prisons at Chicago, Rock Island, and Camp Chase, but on each of these several days, Avhen the escaped prisoners, embodied and armed, looked for their aUies, they faUed to make their appearance. At last Mr. Thompson became thoroughly disgusted, and lost all confidence in the nerve and pluck of the leaders of the Order. Thereupon he organized a company of escaped prisoners for the purpose of releasing the prisoners on Johnson's Island. This Island is situated in Lake Erie, some three miles from the city of Sandusky. Between the city and the Island had been anchored the United States gun-boat "Michigan," carrying 14 guns. Every boat passing from the shore to the Island, necessarily passed under her guns. It Avas apparent nothing effective could be done, Avithout hav ing the control of the Michigan. The bold design was formed to sur prise and seize her. Capt. Cole, an escaped prisoner, had made the acquaintance of her officers, and Avith some of them Avas on such inti mate relations, that he proposed a certain evening for having a Avine party on board at his expense. This Avas agreed to, and the prepara tions were raade. The champagne Avas bought and ready to be sent over to the Michigan. This arrangement was communicated to Lieut. John G. Beale of the Confederate navy, and he had organized a band of tAventy-two men to act under his orders. The party concealing their revolvers, went on board the mail packet Philo Parsons, from Detroit to Sandusky, as passengers, and, at an opportune moment, took possession of her, and put all on board under guard. To obtain a supply of fuel it became necessary to come to at Middle-Barr Island. While laying there the steamer Island Queen came in for the same purpose, and lashed alongside of the Parsons. She had on board many passengers and some thirty soldiers. Lieut. Beale and party sprung on board Avith their revolvers, and soon had possession of the steamer, and the soldiers and passengers in custody. These soldiers and all the passengers Avere paroled under a pledge not to leave the Island for tAventy-four hours. When the boats had made some head- Avay, they scuttled and sunk the Island Queen. This Avas the after noon for Capt. Cole's wine party on the Michigan. But Avhen they sighted the Michigan, the expected signal Cole Avas to have given was not made, and it was believed that something had gone Avrong with him. And such indeed was the fact. By treachery he Avas betrayed at twelve o'clock in the day, and had been arrested and carried on board the Michigan. Expecting an attack the fires had been started in the furnace, and Avhen the Philo Parsons came in sight, instead of surprising, they were surprised to find the Michigan apparently ready to weigh anchor, and pursue them. To attack her Avas hopeless, and a mere act of desperation. So the Philo Parsons was compeUed to return, and land her brave men on the Canada shores, and let the OAvners of the steamer take possession of her. This bold but abortive movement led to such a strengthening of the guards around the several prisons, and such strict and rigid surveiUance, that further efforts to re lease the prisoners Avere impracticable. ' Mr. Thompson then ordered the escaped Confederate prisoners in Canada to return home. Many of them were reluctant to do this, wishing to strike some bloAv at the Territory and State. 463 enemy, in retaliation for the sufferings they endured at their hands, and the devastation and cruelties Avhich their armies Avere then inflict ing upon the South. It was in this spirit, and against the express orders of Mr. Thompson, that the raid was made on St. Albans, in Vermont, Avhich involved the perpetrators in so much trouble. But when the United States demanded their extradition, the authorities at Richmond required Mr. Thompson to stand by these raen, and to see they were properly defended. This of course it Avas his duty to do. And for performing this duty he Avas presented to the Avorld by the radical press as an incendiary and assassin. He made no defense against these inflammatory misrepresentations, trusting to time for a just judgment on his motives and actions. He Availed on the Cana dian Cabinet to say that if at any time, or in any way, he had violated their laAvs, or abused their hospitality, he Avas then ready to answer and vindicate his conduct. But to his conduct, AvhUe in Canada, the authorities took no exception. As soon as the trial of the Raiders Avas over, and they Avere released, Mr. Thompson set out on his return South. AVhUe he Avas on his way from Montreal to Halifax, President Lincoln Avas assassinated. The Avhole country, without distinction of party or of sections, felt outraged by the act. AndreAV Johnson, the then Vice-President, succeeded to the Presidency, and kept about him the old cabinet of Lincoln. The pubhc mind sought for some reasonable solution of the atrocious crime. And as the public scrutiny began to look to Washington, and to insinu ate that those directly interested in President Lincoln's death Avould most likely be implicated in his assassination, it became necessary for the President, and his imraediate friends, to direct the public atten tion to a different quarter, and therefore, the raost unpardonable and damnable plot Avas conceived to charge the President of the Confed erate States, and his coramissioners in Canada, with deliberately plan ning and arranging this terrible crirae. This dastardly and villianous plot could only be sustained by bribery and perjury. WiUing Avitnesses Avere found, as they ahvays have been found at such times ; and men in high places did not scruple to pay out of the public funds, for what they weU knew to be perjured testimony procured by their OAvn bribes. A proclamation appeared, offering a large reward for Jefferson Davis, Jacob Thompson, Clement C. Clay, and others, for contriving, aiding and abetting this foul murder. This proclamation against innocent parties, dooming them to the odium of aU mankind, and to an igno minious death if captured, was, in the eye of Heaven, as great a crime as that Avhich had been perpetrated. And those that projected it, and she, the innocent victim, whom they executed not long after— and Booth, the monomaniac, who fired the fatal shot— have long since confronted each other before the bar of God, and to that judgment we leave them. When this proclamation appeared, Mr. Thompson's first impulse was to present himself at Washington and demand a trial. But his fiiends Avisely prevailed on him to abandon any such confidence in the justice of the ruling authorities. Andrew Johnson was then courting the extreme radicals, and Mr. Thompson's doom would have been de cided even before the organization of the court. 464 Mississippi, as a Province, Mr. Lincoln and Mr. Thompson had served in Congress together, in opposite parties, it is true, but their relations had been friendly and kind. There was a dry humor, a bonhommie, a rustic cordiality and brusqueness of manner, Avith a homely, but vigorous style of talking and speaking, about Mr. Lincoln, that attracted people to him. He was a good type of the Northwestern frontiersman, and it is doubtful Avhether he ever had an enemy. He Avas certainly kind-hearted and conscientious, and a better man than most of his advisers. He was driven into the war reluctantiy, by skillful conspirators. He had no miUtary ambition ; no passion for pageantry or glory. He loved his country, and had only moderate prejudices against the South. He was a republican, Avho believed in the constitution, not a radical, who believed in the "higher law " doctrines and hated the constitution. He did not desire to interfere with slavery in the States, because he kncAV there was no Avarrant in the constitution for such interference. He beUeved that it might be legally excluded from the ncAV territories, and that the good of the whole country, and the voice of mankind, de manded that exclusion. To issue the celebrated Proclamation of Emancipation cost him many pangs. He agonized over it. He knew that he had no constitutional poAver to liberate the slaves. But after Aveeks of meditation, and self-examination, and many sleepless nights- seeing that the Union Avas in jeopardy — he decided on this great measure, as the surgeon, when all other remedies have failed, resorts to the Cesarean operation, to save the life of the raother. This memo rable act, which was applauded by nearly all the Avorld, and has ren dered him immortal, haunted Mr. Lincoln the remainder of his days, no matter what his biographers have said, or may say. He was strictly conscientious, and all the sophistry of Mr. ScAvard, one of the most subtle of casuists, failed to satisfy him that the act Avas legal and constitutional. And he only justified it on the plea of an overruling necessity. In the early stages of the Avar he Avould willingly have made terms stipulating for non-interference Avith slavery in the States. And, after the appearance of his proclamation, if left to his own coun sel, he would have made peace, and favored compensation for the liberated slaves, on the return of the South to the Union. These impressions of President Lincoln Avere general in the South. Many of our statesmen kncAv him, and they kncAv he was no fanatic. He was a Kentuckian by birth ; a citizen of Illinois, whose population was largely composed of Southern iraraigrants ; and his wife's family were Southern ; her three brothers in the Confederate army. We had much more to expect by the life of such a man than to gain by his death, and nowhere Avas the terrible tragedy more lamented than in the South. When Lincoln perished, we lost the best friend that Ave had at Wash ington during the Avar, and the country lost a chief magistrate, homely in exterior, but of a fresh, vigorous mind, aiming always for the pubhc good, and whose hands Avere never stained Avith filthy lucre or Avith fraud. While Mr. Thompson Avas in Canada, President Lincoln expressed a Avish to have an interview Avith hira, and Judge Emmons, Avho was Territory and State. 465 at that time special agent for the United States, in Canada. Judge Emmons communicated this to Mr. Thompson, and he consented to go, incognito, with Judge Emraons to Washington, if the proper safe guards should be sent to him. The proposed interview did not com port witii the views of the Secretary of State, and the negotiation ceased. But to shoAv the animus and kindly nature of Mr. Lincoln, Ave now, for the first time, disclose the fact that, to escape from the country, Mr. Thompson had gone, in disguise, to Portiaud, Maine, to seek a vessel, but had been recognized, and the Secretary of War was about to issue an order for his arrest. Hearing of this, a few hours before he Avas assassinated, the President suspended the issuing of the order, and expressed his wish that Mr. Thorapson should be allowed to leave the country unmolested. When Johnson's proclamation appeared, Mr. Thompson appealed to the pubhc for its judgment, and it is safe to say the verdict was spontaneously and eraphaticaUy in favor of himself and friends, who had been so shamefully accused. Mr. Thompson, Avith his family, sailed for Europe, and there spent several years before returning to his home at Oxford, Miss., from whence he went to Memphis, Avhere he now resides, taking no part in politics, but actively engaged in business. In 1876, it wiU be recoUected, Gen. Belknap, Secretary of War, was impeachedfor malfeasance of office. To escape conviction and the penalties, he resigned his office; and the argument was that being no longer an official, he could not be pursued by impeachment* This impeachment question became a party question, and by way of showing the absurdity of prosecuting Secretary Belknap after he had resigned his place, Mr. Chandler then Secretary of the Interior, stated publicly that as Mr. Thompson had been guilty of abstracting a large amount of the Indian bonds during his administration of the Interior Department, he would be liable to irapeachraent, and that he Avould insist on his prosecution if Congress should claim jurisdiction in the case of Belknap. As soon as Mr. Thompson saw the report of this conversation, he went to Washington, and through his friends called upon Mr. Chandler to withdraw this charge in as public a manner as he had made it. At first he consented to do so, but after Mr. Thomp son remained some days in Washington, waiting for the retraxit, and had again insisted upon it, the Secretary of the Interior, instead of ma king the expected and promised withdrawal, taking advantage of his official position, instituted a civil and not a criminal action, for the recovery of two millions of dollars. The institution of this suit was heralded all over the country with a view of creating the greatest pos sible prejudice against Mr. Thompson, and a cover for Belknap. The process was served, and a plea was filed of non assumpsit, and the *This point was made in 1798, in the case of Senator Blount, of Tennessee. He was charged with treason and conspiracy, and was expelled from the Senate. It was afterwards determined to impeach him. He refused to surrender on the ¦ ground that he was no longer a Senator and could not be impeached, and the Sergeant-at-Arms of the Senate, who had been sent after him, and the U. S. Mar shal, could get no posse to assist in his arrest. When the case came before the Senate again, his counsel made the point. It was sustained and the proceeding was dropped. 30 466 Mississippi, as a Province, Territory and State. case was continued upon the docket during the Presidential canvass. But although the institution of the suit Avas unjust, and wholly ground less, intended exclusively for political effect, and to injure the Demo cratic party, when the Presidential canvass was over, and Mr. Chandler about to retire from office, he quietly directed the suit to be dismissed, at the cost of the United States. Thus we close our memoir of a man, still in the prime of life, whose career has been both honorable and eventful, never evading duty, and shrinking from neither labor nor responsibility. OHAPTEE XXXII. EFORE entering on a review of the unhappy events that foUoAved the election of Mr. Lincoln, and how they affected Mississippi, it may be proper to glance at the jurisprudence of the Territory and State, and the administration of justice; and hoAv these were affected by the ordinance of secession, and the events of the war. _ _ The Natchez district, as has been shoAvn, Avas rightfully ¦within the limits of Georgia, but it had long been occupied bythe Spaniards. In 1783, Georgia extended her laAvs over this district — on paper. Two years later she established it into a county caUed Bourbon, and appointed justices of the peace. ButitAvasnot until 1795, that Spain, by treaty with the United States, recognized the title of Georgia. In the sarae year, the legislature of Georgia authorized the sale of a large part of this valuable domain, for a very inadequate consideration, usually known as the Yazoo Fraud. These sales were annulled by the ensuing legislature. This gave rise to the celebrated case of Fletcher vs. Peck, 6 Cranch, when the Supreme Court decided that cognizance could not be taken of the alleged fraud of the legislature, in a suitbetween individuals contesting rights under the Act ; that a grant was in its nature irrepealable, and that the purchasers under the law had a valid title. Before this extra ordinary decision had been made the purchasers from the original grantees applied to Congress, and a compromise had been effected. At the same time the United States agreed to recognize, in favor of actual settlers, all grants of lands regularly made and authenticated by the authorities of Great Britain, Spain or Georgia, previous to the 27th October, 1795 — the date of the Spanish treaty recognizing the boundary of 1783. In March, 1798, the Spanish authorities retired to their own territory, south of the 31°, north latitude. AprU 7th of the same year Congress established the Mississippi Territory, and adopted the ordinance that had been framed for the North-western Territory, Jan. 13th, 1797, with the exception of the clause prohibiting .slavery. This was the organic law for the government of the Territory, and then was the time, and the only time, when Congress, at the cost of a moderate compensation, might lawfully have struck from the Natchez district the stain of slavery.* This ordinance provided for the de- * There were at that period, a few slaves in the Natchez district, that had been brought from Carolina and Georgia, or introduced from Jamaica and other parts, butthe number was limited. But before applying the famous ordinance to this district, it would have been just and proper to have the consent of Georgia; for though in Spanish occupancy during the Eevolutionary war, and for a short time thereafter, it was unquestionably within the chartered limits of Georgia, where slavery legally existed. 468 Mississippi, as a Province, scent and distribution of estates, and the ordinary regulations for pre serving the peace. A Governor was appointed, with extensive powers. He had the appointment of all civil officers, and, with the assistance of two judges, framed, promulgated, interpreted and executed the laws. It was near nine months before counties were organized, infe rior courts established, and justices appointed. This was the first grade of government, and, as has been shown, was unsatisfactory and oppressive. In 1800, Congress, extended the territorial boundaries, and provided for a legislature, reserving to the governor an unqualified right of veto. The first digest of the laws was prepared by Harry Toulmin, a learned English juris-consult, living in Washington county, on the Alabama. .This work was completed and adopted in 1807. It was framed under authority of an act of the legislature which di rected, "Thatthe Digest, and the acts of the present session, shaU, when printed, be entitled the statutes of the Mississippi Territory, re vised and digested by authority of the General Assembly, and that from and after the ist day of October next thereafter, all the laws made by the governor and judges, all the acts of the general assembly, and all statutes of Great Britain, not contiined in said volurae of stat utes, shall cease to have any force or validity." In regard to this en actment the High Court of the State afterwards said: "When the Territory was organized the ordinance secured the inhabitants in the enjoyment of judicial proceedings according to the common laAV." Toul. Digest, 473. This, together with the provision in the first State Constitution, (1817), sec. 5, has been considered to exclude all British statutes, for the determination of the rights of the citizens. Boarman vs. Catlett, 13 Sme. and Mar., 152. Eight years afterwards Edward Turner, of Natchez, was authorizd to compile the statutes, embracing all the laws in force up to 1816. On the 7th of July, 1817, the Convention raet to frame a constitution, preparatory to the admis sion of the Territory into the Union as a State. On the 15th of Au gust they completed their work, and on the loth of December Mis sissippi took her place in the Federal Union. Under that constitution a property qualification was required of the governor and members of the legislature; ministers of the gospel were excluded from office, and most civil officers were to be elected by joint vote of the legislature. Judges were to hold their office during good behavior, but to be retired at sixty-five years of age. The judicial de partment consisted of a Supreme Appellate Court, coraposed of the district judges, with poAver in the legislature to establish such inferior courts of law and equity as should be deemed expedient. There was a SAA'eeping clause which provided, that "All laws and parts of laws, noAV in force in the Territory, and not repugnant to the constitu tion, shall remain in force until they expire by limitation, or be altered or repealed by law." There Avere many able lawyers in this convention, but the most prominent features in the constitution emanated from George Poindex ter, a powerful debater, who usually carried Avith him a majority of the members.* ¦••¦¦ This Convention assembled at Washington, Adams county, and occupied the old Methodist meeting-house, which had been built chiefly through the efforts of Lorenzo Dow. Territory and State. 469 After this, a new digest of the laws became a necessity. In 1821 an Act was passed to ' ' revise and consolidate the statutes of the State, with amendments and additional bills, and to report them to the legis lature for their concurrence and approval." And George Poindexter, then Governor of the State, was requested to undertake it, and was authorized to call on the Attorney General, and the Supreme Judges for advice and co-operation. It was further enacted, that all Acts of a general and public nature, not contained in the revision, should be considered repealed, but not to the extent of impairing existing rights, or preventing prosecutions for previous offences. Private or local Acts Avere to continue in force. This code was modeled somewhat after the revised code of Virginia, of 1819, by that great lawyer, Benjamin Watkins Leigh, and was ex ecuted with marked ability. It was adopted by the legislature, then sitting at Columbia, in 1822, not, hoAvever, without opposition, particu larly that portion relating to the police of slaves, and their assembling for worship, which was obnoxious to the religious classes, and defeated Mr. Poindexter in the canvass for Congress, at the ensuing election. The Supreme Court was organized soon after the State was admitted into the Union, and continued tUl the revision of the constitution, in 1832. Of its labors during this period, nothing remains but one vol ume of Reports by Robert J. AValker. The decisions of that court are scarcely now relied upon as binding authority, yet some of them will stand " the test of scrutiny and of time." In December, 181 8, the court decided that "during the existence of the Spanish rule in this territory, the laws of Spain governed the descent and transfer of property here." The principle announced is undoubtedly correct, but the court overlooked the fact that the Span iards were intruders, and had no legal claim to any part of the country north of 31°. The Supreme Court of the United States, 6 Cranch, 87, and 12 Wheaton, 523-35, sustain this view. The original botind- ary stood on the line of 31°, but under a proclamation by the British Governor of AVest Florida, this boundary, it wUl be recollected, was extended to the mouth of the Yazoo river. Spain claimed the benefit of this extension, and an appeal to arms was imminent when the treaty of 1795 was made. The Supreme Court of the U. S. deemed that a proclamation from the sovereign, something more solemn than a commission, Avas the established mode in Great Britain, for the extension of jurisdiction. The difference in the views of the two tribunals was rather as to the effect of the commission, as distinguished from a proclamation, than as to the law. This point was afterwards discussed, but not decided in the case of Montgomery vs. Ives, involving titie to the town of Rodney, 13 Sme. & Mar., 16.* The matter has now no practical significance, and the conclusion has been generally accepted, that the Spanish law never had any intrinsic force here. In the construction of grants made by Spain, and which were recognized in the articles of «This is a very interesting case, and should be consulted by all students of our early history. Judge Sharkey and Judge A. M. Clayton delivered very elaborate and able opinions, conflicting on some points, but arriving at the same conclusion. 470 Mississippi, as a Province, agreement and cession betAveen the United States and Georgia, the only effect given to the Spanish law was by comity. Another case, in this connexion, may 'be noticed : One Decker, a citizen of Virginia, carried some slaves with him and settied in Indi ana, in 1784, three years before the ordinance of 1787 prohibiting slavery therein. He remained there until 18 16, when the territory of Indiana became a State, with a constitution prohibiting slavery. Decker immediately brought his negroes to Mississippi, and sold them. They instituted a suit for their freedom. The court held that, until the treaty of 1763, the northwestern territory belonged to France, and was then ceded to Great Britain. That it was conquered from Great Britain by the arms of Virginia, under Gen. George Rogers Clark, during the revolutionary war, but there was nothing to show that she had ever extended her laws over it previous to her cession of it to the United States. That neither the laws of France or Great Britain ad mitted slavery, and that, therefore, independently of the ordinance of 1787, the parties Avere entitled to their freedom.* In one case the court, without an express decision, intimated that a bill of exchange draAvn by a resident of one State on a person residing in another State, must be considered an inland bill. The Supreme Court of the United States held the law to be otherAvise. 2 Peters, Buchanan vs. Finley. A court of chancery existed during this period, and many of its de crees came up for review. It Avas held that a party Avho had a clear legal title to slaves, could not enforce it in a court of equity, contrary to what Avas afterwards established, on the ground that the pretium affectionis gave a right to the thing itself, a right which daraages could not adequately compensate. Upon the Avhole it may be said, that the judgments of the old Su preme Court of Mississippi exhibit good sense, and an earnest desire to dispense justice, without much display of learning and research. The names of Edward Turner, John Black, Isaac E. Nicholson, Harry Cage, Powhattan Ellis, John Taylor, Richard Stockton, Joshua G. Clark, Joshua Childs, George Winchester, Alex. Montgomery, George W. Smyth, Eli Huston and Chief-Justice Hampton, appear as Judges at different periods. Of these, Judge Turner and Judge Ellis seem to have delivered the most opinions — not surprising in the case of the first, who was industrious, but the latter, with his Poca- ¦•- This decision is quoted in connection with the celebrated case of Ward vs. Duncan, et al., to shoAV that, at all times, the colored man in Mississippi might safely claim the intervention of the law. It is not easy to perceive how the court carae to the conclusion that neither Great Britain nor France recognized slavery. France introduced slavery into Louisiana, and for years the slave trade was car ried on under British colors. When Louisiana passed under the Spanish flag, the authorities desired to exclude the farther introduction of slaves into the province,, but Great Britain then OAvned West Florida, and her vessels going up the river to the railitary posts of Manshac, Baton Eouge, and Natchez, surreptitiously supplied the planters Avith negroes from Jamaica. As late as 1827, Lord StoweU, the greatest jurist in England, in the case ot the slave Grace, reversed the famous dictum of Lord Mansfield, in 1771, that " the moment a slave touched the soil of England he became free," and showed that there was no ground for it in the com mon law of England ! Lord StoAvell sent a copy of this decision to Judge Story, who replied: " Upon the fullest consideration, I entirely concur iu your views; If I had been called upon to pronounce a judgment in a like case, I should cer tainly have arrived at the sarae result." Territory and State. 4^1 hontas blood inherited the characteristic indolence of the race so it must be construed as a high sense of conscientiousness and official duty that induced him to write an opinion.* Of aU these gentiemen only three were men of collegiate education. Richard Stockton a native of New Jersey, had taken the first honors at Princeton re moved to Mississippi, became Attorney-General, and then Judge' and feU in a duel in New Orieans, in the prime of Ufe. George Winches ter, educated at Harvard, read laAv with Judge Story, and came to Mississippi with the highest testimonials from that great jurist He was deeply grounded in the science and so much attached to the common law, that it used to be said, jestingly, that he considered all statutory changes of it as unconstitutional. It is fashionable to speak of the harsh features of the common law, and the necessity of mitiga ting its asperities to suit modern social conditions, but it is no less true that social demoralization has been in an exact ratio with these changes. Those communities that retain the common law in its greatest purity are, unquestionably, the best governed, and have the best conceptions of social order. Judge 'Winchester had great pow ers of analysis. He was an adept in tracing every case back to first principles; he had an inexhaustible store of learning at command, and a logical, demonstrative style, fluent, copious, always courteous. With .great talent, and inflexible integrity, he blended a charm of manner and chUd-Uke simplicity, that made him a general favorite. He never had an enemy. He Avas universaUy loved, and in return no man loved Mississippi, with all her faults, better than himself He was an ultra State-rights man; a great admirer of Mr. Calhoun ; the confiden tial friend and adviser of Quitman. He presided over the "Southern Rights" meeting at Jackson, in 1849, which was the first organized as sociation to resist anti-slavery encroachments, and he wrote the ad dress and resolutions adopted on that occasion. George W. Smyth was a graduate of Trinity College, Dublin, of a famUy of distinction in Ireland. He rose rapidly at the bar in Natchez, and was on the threshold of a distinguished career Avhen he died. The other Judges were men of limited education, but of solid sense and natural acuteness, and by long practice at the bar had qualified themselves for the bench. There Avere relative grades of merit and qualification among them, but they all stood unchallenged for integ- nty in the discharge of official duty. And here it may be observed vyith proper pride, that in the history of the State, amidst all our po litical vicissitudes, there is no instance of judicial corruption. Men from every section of the Union, men from foreign countries, men of aU the conflicting parties have administered justice here, Avhen there was much to excite the passions and mislead the judgment, but no suspicion of impure motives attaches to their decisions. Though subjected for many years to the taint and temptation of popular elec tion, to the eternal honor of our people, and of the profession, the er mine has remained uncontaminated.f * Judge Ellis was an inveterate smoker, but he has often been known to take his seat before the fire, put a cigar in his mouth, and sit two hours until some servant passing Avould hand hini a coal to light it. fOur strongest Democratic Districts have often elected Judges of opposite pol itics, and vice versa. Since the war Ave have had a number of gentlemen on the 472 Mississippi, as a Province, Septeraber loth, 1832, a Convention assembled in Jackson to re vise the Constitution ofi8i7. Gen. P. R. R. Pray, a distinguished laAvyer from Hancock county, presided over it. It decided that all officers, civil and military (with the single exception of the Clerk of the High Court of Errors and Appeals) should be elected by the peo- — then an untried experiment, but since adopted by other States. Another original and valuable feature Avas the restriction it imposed on any legislative pledge of the credit of the State, for the redemption of any debt, unless such debt Avas created under the special provisions of the Constitution. It was in defiance of this restriction, and in fla grant violation of the Constitution, that the Union bank bonds were disposed of, the party purchasing being fully aAvare that he Avas ma king a transaction expressly forbid bythe fundamental law. Another remarkable clause prohibited the introduction of slaves as merchandise or for sale from and after May ist, 1833, thus conceding that slavery had already been considered a social evil, and indicating that, in the future, proper steps would be inaugurated for its gradual extinction. This Avas at a time Avhen slave labor Avas more remunerative here than in any quarter of the Avorld, and therefore, more in demand. Yet with a generous phUanthropy, and a sublime self-denial, the Conven tion, (and subsequently the people ratifying its action) determined to circurascribe, and thus gradually to dispense with corapulsory labor.. It was at this period, too, and in conjunction with this prohibition, that our churches, of every denomination, raade a combined effort to in struct and evangelize the colored people ; everywhere inculcating it as a christian duty ; all looking forAvard to the period, however distant, Avhen that race Avould be qualified to exercise the privileges of free men, and to be the instruments of civiUzation and evangeUzation, in the country Avhence they came — the grand beneficent scheme pro jected by the Araerican Colonization Society, composed ciiiejly of slave holders, and to which the citizens of Mississippi had largely contribu ted. Thus that would have been accoraplished in the providence of God, by the Southern planters, at the proper tirae, without disturbing bench, who affiliated, more or less, with the Eepublican party, whose integrity stands unimpeached and unimpeachable. Tbe venerable Judge of our United States District Court, Eobert A. Hill, is a Eepublican, but his impartial aud en lightened course on the Bench has secured for hira universal confidence and re spect. This venerable citizen Avas opposed to secession, and considered it most nnfortunate, but no man did raore to alleviate the suffering and sorrow that fell on our people. Unionists and secessionists had equal confidence in him, and he knew no difference between thera in his sympathies and ministrations. He had free entrance into the two hostile armies that respectively occupied Corinth, and both Federal and Confederate comraanders listened to his appeals. On the Bench he carries with him tiie same rare faculty of commanding universal con fidence and respect, the natural result ot his benevolence and integrity. He is learned in his profession, Avith quick perceptive powers, and a happy capacity for analyzing facts. He means to be absolutely impartial, and is as nearly so as it is possible for frail humanity to be. If he has faults the higher qualities of his nature make us blind to thera, and of him, both as a man and a magistrate, it may be said, "Ev'n his failings lean to virtue's side." Judge H. is a native of North Carolina; commenced his career in Tennessee, where he served in the Legisla ture, was Attorney-General and very prominent at the bar, moved to Tishomingo county, in this State, elected Probate Judge, and was appointed to his present position by President Johnson. Territory and State. 473 social order, which has since been effected by the sword* — by sinking miUions of capital, by overthroAving and trampling down the Consti tution and the laAvs, extinguishing the ancient feUowship, and the confidence that everyAvhere prevailed in the supremacy of laAA*, and the security of the States ! This prohibition of the introduction of slaves as merchandise, sub sequently gave rise to a conflict between our Court of Appeals and the Supreme Court of the United States, Avhich wiU hereafter be re ferred to.f The ncAv Constitution, likewise, entirely abolished the property qualification for office and suffrage, and the exclusion of ministers of the gospel from office. And all laAvs then existing in the State, not repugnant to the ncAv instrument, Avere to continue in force. After these radical changes, and 'the raodification of existing laAvs that necessarily foUoAved, a new Digest was called for, and, in 1833, Mr. Pray, the President of the Convention, Avas authorized to prepare it. Mr. P. was a native of Maine, had a collegiate education ; and taught school for a while in Westchester county. New York. J He was industrious and methodical, Avith abundant learning, but his code was not a success. It Avas by no means satisfactory to the profession. It was two ambitious of originality, and was too much' flavored with the civil law. Mr. Pray resided at Pearlington, near the sea-board, Avhere lands Avere chiefly held under old French and Spanish grants, and .he had occasion to study the civil law, and, like many others, became enaraored Avith it. He often attended the courts in New Orleans, and occasionally practiced there in connection with the late Gen. E. W. Ripley, who, besides being a gaUant soldier, Avas an eminent civilian. Hence, the leaning in the new Code to the Roman laAV, which made it unpalatable to the disciples of Coke. In 1838-9, Volney E. HoAvard, State Reporter, and Andrew Hutchinson, were appointed to make a new Digest. They did not give sufficient time • to the Avork, and it did not realize the public expectation. There were some errors, and material omissions. || "«"He Avho conquers by the sword, shall perish by the sword." fin 1860, when the Legislature and the Secession Convention were both in ses sion, and when Commissioners Avere being appointed to visit the difterent South ern States, to solicit their co-operation, the Governor in his message recommended an Act to prohibit the introduction of slaves nnless the OAvners came Avith them, and became citizens. This was to prevent tbe influx of slaves from the border States, growing out of the anticipated troubles. tin a curious book, "The History of Westchester, N. Y., Vol. 1, p. 67, there is an account of a raonnment erected at Peekskill to Lieut. McCham, Avith an in scription by P. E. E. Pray, written Avith much terseness and beauty. II No one ever doubted the capacity of these distinguished gentleraen. Mr. Howard is a native of Maine ; came early to Mississippi, qualified tor the bar, and connected hiraself Avith the press. He-rose rapidly in both vocations ; be came the leaderof the Democratic party; established a high reputation for talents firmness and sagacity; removed to Texas; became a member of Congress; took high. rank as a debater ; removed to California, where he now resides, among the most distinguished of her public men, and is understood to have been, mainly the au thor of the new constitution. He certainly contributed, more than any other one, '"Ml.^^fZtVlinte'ot the most learned laAvyers in the State of great purity and simplicity of character, and much beloved. He died m the prime of life. 474 Mississippi, as a Province, In 1843, J''^!'- Hutchinson, dissatisfied with the faUure, determined, of his own motion, to frame a Code. He devoted to it five years of incessant application. It was not strictly a Revision, nor a Digest. He called it an "Analytical Compilation — or the first of a Series of the Municipal Statutory Code of the State." It was, however, the only one of the series ever pubUshed. It is an excellent compendium, and affords many faciUties for reference to the statutory law from 1798 to 1848. On submitting it to the Legislature, a resolution Avas passed authorizing the Governor to appoint three suitable persons to examine it. On the favorable report of this commission, that it Avas "a full and complete compUation of the statute laAvs of the State," it was adopted. It was acceptable to the bar, and to the community. StUl something more seems to have been caUed for, and in 1858, three eminent jurists of Mississippi, Judges Sharkey, Ellett, and W. L. Harris, gave to the country what is knoAvn as the Revised Code. The programme indi cated by Hutchinson was not followed, and a Avork more like that of Poindexter was produced . Of course, any work emanating from such a quarter evinced ability and research, but it Avas criticised likcAvise, and the inquietudes that soon enveloped the State left no opportunity to establish its foothold. The first Judges elected by the people, under the Revised Constitu tion, were AVilliam L. Sharkey, Cotesworth P. Smith and D. AV. Wright. Of these, Judge Sharkey was selected as Chief Justice, by his asso ciates, and his long career in that position fully proves the Avisdom of the choice. He was not a man of liberal education. He was not then even learned in the laAV, nor deeply versed in it as a science. But his inteUect Avas vigorous, and his sagacity almost unerring. He had the rare faculty of eviscerating truth from the most tangled web of sophis try and fraud. His conclusions, as Avell of law as of fact, were gen eraUy correct, and he extracted the true principle from the most discordant and irreconcilable authorities. His style Avas masculine, ' strong and lucid, tending rather to diffuseness. As presiding Judge, he Avas affable and patient. The most prosy speaker Avas assured of an attentive hearing, and his manner Avas such as seldora to give offense. Before taking his seat in the morning, he usually spent a few minutes in social and famUiar intercourse with the bar, giving and re ceiving pleasant hits. Thus the business of the day commenced in good humor, wdiich was rarely interrupted. He presided in the Court nearly twenty years, and at last resigned a place Avhich seemed to be his by right. In pohtical life he was timid, Avavering, inconsistent, and wholly unreliable. His associate. Judge C. P. Smith, at first served but a single term, and was succeeded by Judge Pray. Judge Smith Avas again elected in 1840, and succeeded Judge Sharkey as Chief Justice in 1852, and served until his death in I863. The estimate in which he was held is reflected by the resolutions adopted, after his death, by the bar, over Avhich he had presided nearly tAvelve years. They justly accord him an enviable reputation in saying "that he Avas a great and good man, learned, conscientious, fearless and upright — that he administered justice Avithout sale, denial or delay, and did his duty regardless of Territory and State. 475 men or parties and with an eye single to laAv and justice." High eu logy from a high source, but not higher than Avas deserved. He was a native of South Carolina, but had long resided in Wilkinson county. Judge Daniel W. AVright, a citizen of Monroe county, of great pop ularity, from some cause took but littie part in the business of the court, and has left scarcely an opinion, which found its way into the reported decisions. He was succeeded by Judge Trotter in Novem ber, 1838.* One of the most unique cases, in our early Reports, is that of Fisher vs. Allen, 2 Howard, 611, in 1837, involving the ques tion of the rights acquired by the husband of a Chickasaw Indian woman, to property Avhich she OAvned at the time of the marriage. It was held that as the marriage, in that instance, had taken place, before the act of the legislature of 1830, which abolished the tribal customs, had been passed, the rights of the parties were governed and fixed by the tribal customs. By these, the husband acquired no right to the property of the Avife, -which she owned at the time of the marriage, or. to the subsequent acquests and gains, and that no part was subject to the debts of the husband. It has been said that the late Tappan Reeves, the founder of the famous laAV school at Litchfield, in his work on the Domestic Relations, Avas the first to advocate, on a comraon law basis, the separate right of a married Avoman to her property. It is probable, hoAvever, that this tribal custom of the Chickasaws long antedated his work, though there is no authentic account of the date of its origin. This decision of the court was made in 1837, Iavo years before the enactment of the first law in this State, which secured the property rights of married women. It is beheved that our Mississippi statute on that subject, was the first which was passed, in any state in the Union, which was governed by the principles of the common law. Courts of equity had been a long time in defining, limiting and upholding these rights, when secured by marriage settiement, often veering from one extreme to another. The uncertainty and contrariety of decisions, both in this country and in England, are clearly set forth in the case of Jaques vs. Methodist Ep. Church, 3 Johnson's N. Y. Chy. Reports, and in Morgan vs. Elara, 4 Yerger, Tennessee Reports, especially in the brief of counsel in the latter case. Most of the States have adopted the principle, and England, after standing out untU 1870, finaUy gave it recognition by an act of Parlia ment. It is singular that an uncivilized tribe of Indians in the interior of Mississippi, in this respect, have anticipated the action of raore en lightened communities, in a reform of the common law, now acknowl edged to be not only just and proper, but in strict conformity to the highest principles of equity, f It may not be out of place to say, that the statute of this State Avas passed mainly through the exertions and influence of a lady, Mrs. T. B. J. Hadley, who kept the most popular boarding house m Jackson at the time. She had resided in Louisiana, had become enamored of the civU law principle there, and had it engrafted on the statute book » Originally of Lowndes, afterwards of Marshall, subsequently U. S. Senator. t The same custom prevailed among the Choctaws of Mississippi. 476 Mississippi, as a Province, here. If any of her boarders opposed it, they Avere put on short com mons, and served with the traditional hash, and had no comfort tUl they gave in. It is an appropriate accompaniment of a noble work, that the property rights of married women should have been wrested from the stern grasp of the common law, which altogether denied them, by the skill and address of a married woman.* The negotiability of bills of exchange and promissory notes, was established, with a single anti-commercial feature ; payments by the maker to the payee, before notice of assignment, were good as against the assignee. It is established, that a bill of exchange drawn in one State and payable in another, is a foreign biU, in conformity with the decision of the Supreme Court of the United States, but in opposition to the opinion of the old Supreme Court of this State. With the now prevalent doctrine, that this is one nation, it may be doubtful whether, as an original question, such a decision would now b'e made, in the Courts of the Union. The provision in the Constitution of 1833, of this State, Avhich de clares, "that the introduction of slaves into this State, as merchandise, or for sale, shall be prohibited, from and after the ist day of May, 1833," gave rise to a series of interesting cases, and caused a conflict of opinions and decisions betAveen the Supreme Court of the United States and the High Court of Errors and Appeals of this State. The latter held that the provision was a prohibition in and of itself, and of its own force ; the forraer held that it was only directory and required action by the Legislature to give it vitality and efficiency. Graves vs. Slaughter, 15 Peters, 455. The Suprerae Court did not pay that defer ence to the opinion of the State Court which Avas usual with it, and the difference Avas never settled. Chief Justice Sharkey, in AVilliamson vs. Bryan, 7th Howard Rep., delivered one of his raost forcible and vigorous opinions in reply to the decisions of the Supreme Court. It will be adraitted by every unprejudiced mind, at this day, that the State court was right, and that it was unreasonable to hold that a clause in the constitution, imperative in its terms, and intended to frame the policy of the State, upon a raatter of great moment, should be left for its operative effect, to the discretion of the legislature. It was in the argument of this case, in the Supreme Court of the United States, that Mr. AVebster, in behalf of the vendor, set forth and defined his vicAvs in regard to property in slaves. He says : "What is the foundation of the right to slaves? There is no law de claring slaves property any more than land. 'Slaves' are property by the term slaves. The master has a right to their services and labor. This is property. The constitution recognizes slaves as property; it was adopted during the existence of slavery in more than one-half the States : and thus the protection of this right of property, in the inter course betAveen the States, became a duty under the constitution." It cannot, with justice, be said that this was the opinion of a mere advo- ¦* Her husband. Auditor of Public Accounts, Avas a citizen of Wilkinson county. She Avas a daughter of Maj. David Smith, an old Indian fighter, after whom Smith county Avas named. The faraily subsequently raoved to Texas. Gov. Eunnels, of Mississippi Avas a son-in-law of Maj. Smith. Territory and State. 477 cate. Every lawyer is sworn to support the constitution of the United States, and that oath imposes the same obligations upon him who ar gues the cause, as on the judge who decides it. No casuistry can draw a distinction betAveen them. This vicAv was promulgated by Mr. Dex ter, Attorney General of the United States, at a very early day, and accords entirely Avith good sense, sound judgment, and morality. It was this out-spoken conviction, together Avith others of the same char acter, Avhich aUenated the abolition sentiment from the great constitu tional expounder. A singular constitutional question arose, shortly after the organiza tion of the Chickasaw counties. A special election was held for Cir cuit Judges in the ncAvly created counties, at a time different from the general election. Those elected Avere commissioned " for the time prescribed by the constitution," not specifying any particular duration, though the tirae prescribed was four years. Before this period expired a general election came on, and other judges were elected. One of those elected at the special election, claimed in opposition to the judge elected at the general election, that his time had not expired, and that he was entitled to hold the office, and enjoy its emoluments, tUl the four years had elapsed. A test cise Avas formed and taken, ultimately, to the Court of Ap peals, where it was decided in favor of the officer last elected. The decision seems to have been made on arguments ab in convenienti, from a view of the difficulty of executing the law in any other mode, rather than on the express language of the constitution, or the terms of the commission. Another constitutional question, in connection with the Judiciary, grew out of the creation, by the legislature, of Vice-Chancery Courts. The constitution provided that there should be one Superior Court of Chancery, with jurisdiction over the whole State. In practice, it was found unequal to the dispatch of all the equity cases that arose. Hence a biU was passed by the legislature, creating a system of District Vice- Chancery Courts, with the right of appeal to the Superior Court of Chancery, and to the Court of Appeals. The constitutionality of this law was contested, but it Avas sustained by the AppeUate Court, for the reason that, although the legislature could create but one Superior Court of Chancery, it was not prohibited from establishing Inferior Courts of Equity, under the clause which gave authority to establish such Inferior Courts as might be deemed necessary. In the eariy days of the State, a large number of banks were char tered, and an almost equal number of unchartered institutions— real estate banks— were put into operation. For a brief season they pro duced inflation; debts were heedlessly contracted; speculation ran riot, and a glittering, delusive prosperity threw its bewildering hght over the land. Such a state of things could not last. Soon revulsion came with financial ruin and wide spread bankruptcy m its tram. One of the immediate effects was a war with the banks. It was then the undisputed doctrine, that upon the dissolution of a corporation, the debts to it and from it were extinguished, and its real estate reverted to its grantors. To have the banks dissolved by taking their charters 478 Mississippi, as a Province, from them, was deemed the easiest and readiest way to get rid of aH debts to them. Hence quo warranto proceedings were instituted against nearly every bank in the State. All had suspended specie pay ments, and continued suspension Avas regarded as cause of forfeiture of charter. The banks offered determined opposition to these pro ceedings, and additional legislation was found to be necessary to facili tate the legal remedy. Accordingly a bUl was introduced for that pur pose, by the Senator from Claiborne county, which, from his name, became knoAvn as the Briscoe biU. To this biU Judge Guion,* the Senator from Warren county, appended an amendment, Avhich pro vided that the debts due to or from a bank, should not be extinguished nor its property lost by its dissolution, or by judgment or forfeiture of its charter, but that it should be the duty of the judge who pronounced a judgment of forfeiture, to appoint trustees, whose duty it should be to collect the assets of the bank, and apply them to the payraent of its debts. This amendment met Avith violent opposition in the legislature, but the bill thus amended became a law. The controversy did not cease with the enactment of the law, but was carried into the courts, and continued Avith very unusual acrimony. It was contended that the act was unconstitutional, and its validity was contested upon every ground which forensic acumen and ingenuity could suggest. Its validity, however, was sustained in the Court of Appeals, though by a divided opinion, but the decision was acquiesced in, and the controversy died out. In this way, something was saved from the general wreck, for the creditors. But it was also held, as the true construction of this statute, that the trust which it created, extended only to the collection of so much of the debts due to the banks as Avas required to pay their indebtedness, and that if there was anything beyond this, the trustees had no right to collect it, and that it was extinguished under the comraon laAv rule. Nevitt vs. Bank of Port Gibson, S. & M., 513 ; Comraercial Bank of Natchez vs. Cham bers, 8 Smedes & Marshall; Coulter vs. Robertson, 2 Curl., 278. At that day, the existence and the effect of the common law rule, as thus stated, were not denied. It was fully recognized and acted on in the case of Port Gibson vs. Moore, 13 Smedes & Marshall, 157. The authority of this case, hoAvever, has of late been questioned in very high qflarters, and may be deemed to be shaken, if not destroyed, because alleged to be in conflict Avith the provisions of the constitu tion against acts which impair the obligation of contracts. Field on Corporations, section 492 ; DUlon on Municipal Corporations, section 115, and cases cited. But the decisions in the Suprerae Court of the United States do not seem to be consistent and harmonious. For in Rees vs. AVaterson, 19 AVall; and Heine vs. Levee Commissioners, in the same book, the Supreme Court held, "that the Federal Courts, sitting in equity, do not possess power to appoint the marshal to col lect the taxes, noB to subject the taxable property Avithin the corporate limits of a city, in any way, to an assessment, in order to pay judg ments." It is probable that court Avill be caUed on to review the whole ¦••• Son of Maj. Isaac Guion, so often referred to, and one of the most brilliant of the sons of Mississippi. He died in the prime of life. Territory and State. 479 subject, in a short time; and it is certain that some legislative action would be appropriate. The Avar Avith the banks gave rise to another question of some im portance. This Avas, whether, if the banks exacted more interest than Avas authorized by their charters, it caused a loss of the whole sum loaned, or Avhether they feU under the law appUcable to individuals in such cases, and Avere subjected only to the loss of the excess? It Avas held, that Avhere a corporation makes a contract, Avithin the scope of its granted poAvers, but in so doing, exceeds them, the contract wiU not, by reason of such excess, be AvhoUy void, but avUI be good to the extent of its power, and that the taking of usury Avould not invalidate the Avhole contract. Farther, that the violation of charter could not be enquired into, in a collateral proceeding betAveen individuals, but only in a direct proceeding by the State to resume the granted fran chises. Commercial Bank of Manchester vs. Nolan, 7 How., St. Rep., 568; Am. Col. Society vs. AVade, 7 S. & M., 663, 697. AUied to the general warfare against the banks, Avas the controversy as to the Union Bank bonds. They Avere five and a half mUlions in amount — a sum, at that day, regarded as of great magnitude. The constitution of 1833 contained a provision, introduced by Gen. Quitman, that the faith of the State should never be pledged for any loan or debt, unless passed at one session of the legislature, by a ma jority of the members of each house, and entered on the journals, with the yeas and nays taken thereon, and then referred to the next succeed ing legislature, after publication for three months, in three ncAvspapers of the State, and again passed by a majority of each branch of the legislature, and a like entry of the yeas and nays on the journals. The objection to the validity of the bonds Avas founded upon an al leged non-compliance with these requirements of the constitution. But in Campbell vs. The Union Bank, 6 How., Chief Justice Sharkey delivering the opinion of the court, and in The State of Mississippi vs. Johnson, 25 Miss. Rep., 625, Chief Justice Smith dehvering the opinion, the law Avas held to be constitutional, and the bonds binding upon the State. These decisions, hoAvever, seera to have had but little effect on public sentiment. There could he no coercion or compulsory pro cess against the State — the legislature never made any appropriation for their payment, and the decrees were poAverless.* Tlie bonds of the Planters' Bank were not liable to the same objection, though they were objected to on very strong grounds. No provision was ever made by the legislature for their payment. The whole dropped out of view, except for an occasional newspaper paragraph, and slept the sleep of death. FinaUy, a recent amendraent of the constitution em phatically forbade their payment, and this put an end to all further agitation of the subject. The policy of Mississippi Avas expressed by Gen. Quitman, in the clause before quoted, Avhich he introduced into * The controversy had entered into the popular elections— bond and anti-bond candidates were put forth, for almost every office— the contest was heated and bitter, but in the end the anti-bond party prevailed by a large majority. It must be borne in mind too that both Judges Sharkey and Smith were active and violent political partisans, entering personally into every canvass, andAvere often charged with political bias. 480 Mississippi, as a Province, the constitution of 1832. It is to keep out of debt, and have no con nection Avith banks. The credit Avhich so many States are craving we do not desire. Credit is a public curse on ourselves and our posterity. It is the source of debt, high taxation, litigation, and war. Our own resources and the labor of our own people, are sufficient to accomplish all the public improvements we require. The true political economy is never to borrow a dollar, and to grant no exclusive or irrepealable privUeges to any corporation. The exceeding scarcity of money, induced by the failure of every bank in the State, and the consequent depreciation of the currency, caused an extraordinary amount of pecuniary distress and embarrass ment. The courts Avere crowded Avith suits; judgments were rife in proportion, and property Avas literally covered Avith executions. The pressure Avas so great and heavy that as a means of relief, the legisla ture, in 1840, enacted a stay measure, in the shape of a valuation law. It provided that property levied on, should be appraised, and should not be sold under execution, unless it brought two-thirds of the ap praised value. If it did not, all proceedings were to be stayed for twelve months — the lien of the judgment to be preserved in the inter val. Under such circurastances sales becarae Avell nigh irapracricable, and Avere seldom resorted to. The law remained in force but a short period — and was repealed. Its constitutionality was never tested, although several cases under its provisions Avere brought before the High Court of Errors and Ap peals. In one of them, one of the judges expressed his opinion that it was unconstitutional, but the point received no adjudication. The Supreme Court of the United States has, in several cases, held similar laws to be invalid, because in opposition to the constitution. The doctrine is, that remedies upon contracts may be changed or modified, but that sorae effectual, existing remedy must always be kept in force, so as not to impair the obligation of the contract. The limitation of estates, in this as in most of the States of the Union, has formed rather a conspicious feature of jurisprudence. At the time of our revolution, there had been centuries of legislation and judicial discussions in England, in which the object on one side had been to establish the right to tie up property in strict settlement, in order to preserve it in the same families, for the purpose of accumula tion ; and on the other, to establish a free and unfettered right of alie nation for the benefit of the community at large. At last it had been settled in the English law, that both real and personal estate might be so far fixed in settlement as to be confined in a particular course of devolution, arid rendered absolutely inalienable, during one life, or any number in being at the same time, and a farther period of twenty one years and ten months. At the end of this period, the property again became open to alienation, Avith this difference, that at the end of the period the real estate must vest in some person either as an ab solute estate in fee simple, or in some person as an estate tail, liable to be converted into a fee simple by fine or common recovery; but at the end of the sarae period, personal property Avas to becorae absolutely vested. Territory and State. 481 These rules appear to be simple and easily understood, but their ap plication has been a source of exceeding difficulty and intricacy, and the rules so covered with modifications and exceptions, that scarcely any two minds entirely concurred in their construction. The existence of estates-tail met with decided reprobation in the United States, as soon as their independence was established. They were thought to be incompatible with republican institutions, and statutes Avere passed prohibiting their creation, and converting them into simple fees. It Avas contended, soon after these statutes were en acted, that the main design of abohshing entails was to destroy all estates of every name and nature, Avhich tended to create a perpetuity, and to consider all remainders and other contingent interests entirely barred. But this view did not prevail, and the courts held that only estates-tail proper Avere destroyed, and that all other classes of limited estates, executory devices, and bequests, executory trusts, and other contingent interests, Avere preserved, Avithin the bounds prescribed, to prevent perpetuities. This Avas the condition of the laAv when Poindexter's revised code was adopted, in this State. There had been no case in our courts pre vious to that time. In that code, two sections, the 24th and 26th, in the chapter on conveyances, bear directly on this point. The first of these declares, " that every estate inlands or slaves, which are or shall be estates-tail, shall be an estate in fee simple ; Pro vided, that any person may make a conveyance or devise of lands to a succession of donees then living, and the heir or heirs of the body of the remainder-man, and in default thereof to the right heirs of donor in fee simple. The 26th section of the same act, seems to have been intended to affix a precise and determinate significance to certain words, and to make thera mean a definite and not an indefinite failure of issue, unless a contrary intention was clearly expressed, and thus bring them within the legal bounds prescribed for the duration of limitation of estates, and make them valid. The proviso in the 24th section appears to have been directed against the rule in Shelly's case, and intended to annul it. . That rule may be briefly stated as follows, as set out by Keyes on his work on "Future Interests on Real Estate." When a freehold is limited to a person and afterwards to his heirs, the liraitation is not void; but it is held to be nothing more than an extension of the first limitation, and therefore the first limitee takes the whole by purchase. The earlier cases in the Court of Errors and Appeals in this State, deemed that these provisions of the statutes abolished the rule in Shelley's case, and in and of themselves established rules amply sufficient for the de termination of all cases which might arise on the subject. The above proviso is not contained in the Virginia Statute of 1819, which was the original of the other parts of the sections ; but its princi ple was embodied in a statute in that State in 1850, and cleariy put an end to that artificial and arbitrary rule. Similar enactments in Massa chusetts, and in other States, have been held to abolish this celebrated rule. 4. Kent Com. 228; 2 Jarman on WUls, 176. 31 482 Mississippi, as a Province, Territory and State. After the decisions in this State, just adverted to had been made, other cases followed, in which it was held that the rule in Shelley's case had not been abolished, and was stiU in force, and that words which render the meaning attributed to them under the statute, were not entitled to that interpretation, and that such limitations were void. This was especially the ruling in Jordan vs. Roach, 3 George, Miss. Reps. Other cases have foUowed, Avhich do not harmonize with one an other, or with those which preceded them, and the same incongruity seems to prevail as if no statute had ever been passed on the subject. The cases are collected and very ably reviewed by Judge A. M, Clay ton, in George's Digest — titie, liraitation of estates — and it is there shoAvn that they leave the doctrine in a wholly unsettled state. Sorae legislative enactment appears to be not only an appropriate, but a nec essary measure. One which should declare that whatever words may be used to limit an estate, shall be held valid to the extent of the du ration of a life or lives in being, and 21 years and ten months there after, and no farther, and that any attempt to create a greater estate by way of limitation either in a deed or wiU, shall not have the effect wholly to invalidate such limitation, but the same shall be good to the extent above set forth, and void for the excess. This Avould tend to render the complicated rules Avhich surround this subject more simple and intelligible, and better accommodated to the wants of society. The criminal law in this State has always been administered with due regard to the benign inculcation of the common laAV, "'that it is better that ninety-nine guilty men should escape, than that one inno cent man should suffer." This branch of the law itself, and its ad ministration cannot incur the withering invective of Macaulay, where he says : "The earlier volumes of the British State Trials are the most frightful records of baseness and depravity in the Avorld. Our hatred is altogether turned away from the crimes and the criminals, and di rected against the law and its ministers. " OHAPTEE XXXIII. the MISSISSIPPI INDIANS. I HE Choctaws, Chickasaws, and Creeks, or Muscogees Avere inthe occupation of a large portion of what noA^ constitutes the States of Mississippi and Alabama, when the French first colonized the country. How long they had been here, and whence they came, is merely tradi tional and has never been established. The Natchez tribes and the Caddo's on Red river, had preceded them, and these had been preceded by the mound builders. AU the Indian tra ditions dimly .shadoAv a gigantic race of people, their predeces sors who were contemporary with the mammoth, and the fossU- ized monstrous reptiles,birds and quadrupeds that have been frequentiy unearthed, aU Avhich becarae extinct by the wrath of the Great Spirit about the same time. The late Gen. Sam Dale, of Lauderdale county, Mississippi, who hved to an advanced age, had passed many years of his life among the Southern Indians. He spoke the Cherokee, Muscogee and Choctaw tongues, and was familiar with all their traditions and customs.* And from conversations with him, reduced at the tirae to Avriting, this ac count is chiefly derived. In 1842-3, the writer presided over a Board of Comraissioners es tablished by the United States to inquire into and adjudicate the clairas of the Choctaws growing out of the last treaty raade with them prior to their removal West, and for months at a time a thousand In dians were assembled around the Commission. The examinations took a wide range, and having skilled interpreters, the opportunity was used to elicit much curious information, which is embodied in this ac count, f The Choctaws believed that their ancestors came from the Avest. They were led by Iavo brothers, Chactas and Chics-a, at the head of their respective Iksas or clans. On their journey they foUowed a pole which, guided by an invisible hand, moved before thera. Shortly after crossing the Mississippi, the pole stood still, firmly planted in the ground, and they construed this as an augury that here they must halt, *See Claiborne's Life of Dale. fMueh interesting information has been communicated by H. S. Halbert, Esq., of Lowndes, a gentleman of decided literary and ethnological tastes, and by JVJr. H. B. Cushman of Texas, a gentieman of great inteiligence, who spent his early years among the Choctaws, where his father, Eev. Dr. Cushman, presided over the mission among them — a man of refinement, education and talent, who conse crated his whole life to these poor nomads of the wilderness. 484 Mississippi, as a Province, and make their homes. What connection this may have with, and how far it has been derived from, the exodus of the Israelites, and "the cloud by day and the pillar of fire by night" is for the curious to deter mine ; but the pole moving in the march before them, is the oldest and best established tradition of the Choctaws and Chickasaws. The two leaders concluded to reconnoitre the country. Chics-a moved first, and ten days thereafter Chactas followed, but a tremen dous snow storm had obliterated his brother's trail, and they were separated. He went southerly to Nanawyya, on the head-waters of Pearl river, about the geographical centre of the State, and the other brother, it was afterwards ascertained, settled near where Pontotoc now stands. At the first meeting of the brothers it was determined that the two clans should constitute separate tribes, each occupying their respective territories, and the hunters of neither band to encroach on the territory of the other. The present Oktibbeha and the Nusi- cheah, were indicated as the line of demarkation. The Choctaws preserve a dim tradition that, after crossing the Mis sissippi, they met a race of men Avhom they called Na-hon-lo, tall in stature and of fair complexion, who had emigrated from the sun rise. They had once been a mighty people, but were then few in number and soon disappeared after the incoming of the Choctaws. This race of men were, according to the tradition, tillers of the soil and peacea ble. There had likeAvise been a race of cannibals, who feasted on the bodies of their enemies.* They, too, were giants, and utilized the mammoth as their burden bearers. They kept them closely herded, and as they devoured everything and broke down the forests, this was the origin of the prairies. This cannibal race and the mammoth perished about the same time, by a great epidemic. Only one of the latter escaped, who made his home for several years near the Tombigbee. The Great Spirit struck him several times with lightning, but he presented his head to the bolt and it glanced off. Annoyed, however, by these attempts, he fled to Soc-te-thou-fah, (the present Memphis,) and at one mighty leap cleared the river, and made his Avay to the Rocky Mountains. They have a tradition of a great drought that occurred during the early part of the eighteenth century. It Avas particularly severe in the prairie region. Not a drop of rain fell for three years. The Nox-u-bee and Tombigbee rivers dried up. The forest trees perished. The elk and buffalo, then numerous, migrated beyond the Mississippi, and neither of these species returned. ToAvards the close of the third year it began to rain, and continued for two moons, and the Great Spirit had forgiven thera. The Choctaws and ChickasaAvs had occasional conflicts, particularly after the whites appeared in the country. The former were allies of the Frencli. The latter were under English control, and the rivalry of these kept the tAvo kindred tribes on bad terms. They had a great ' battie about Iavo miles south of West Point. There may yet be seen two mounds, about one hundred yards apart. After the fight they ¦¦¦The Attakapas Indians were cannibals, according to the early French writers. Tlie Toukoways of Eastern Texas, once invited Gen. A. S. Johnston to dine on a roasted Lipan brave they had just killed. Lite of Johnston, p. 90. Territory and State. 485 came to terms, and erected these mounds over their dead, and to the neighboring stream they gave the name Oka-tibbe-ha, or Fighting Water. The Nox-u-bee river OAves its name to one of these bloody frays. Nox-u-bee is a corruption of Oka-nahka-shua, Stinking Bullet Water — Oka, water; nahka, bullet; shua, stinking. The hunters of the Chocchumas — a once powerful tribe that occu pied the Tallahatchie and Yalobusha valleys — had intruded on the Tombigbee prairies, the hunting grounds of the Chickasaws and Choc taws, and the warriors of these tribes attacked theni, slew many and cast their bodies into the river. Hence the name given to the stream. This, of course, caused retaUation, and a general war ensued. The Chocchumas had once lived low down on the Yazoo, were in alliance with the Natchez, and had immigrated to the Tallahatchie valley about the time the ChoctaAvs arrived from the west. Each regarded the other as intruders. They were a warlike race, and had been greatly reduced by war. They Avere finally exterminated by the allied Chicka saws and Choctaws. Their last battle was fought ^six miles west of BeUefontaine, on the old Grenada road, on the land now owned by C. M. Roberts. Chulahoma, Red Fox, their rriost renowned warrior, resided there with his followers. He was attacked in his village, and all but a few AVomen and children were slain. In 1830, an old half- breed, Coleman Cole, resided there, and claimed to be the sole warrior of the Chocchuma tribe. The decisive battle occurred at Lyon's Bluff, on the south side of Line Creek, eight miles northeast of Stark- viUe. This bluff was the site of a cemetery of the mound-builders. Here the Chocchuma warriors, with many of their wives and children were posted, and here they were besieged by the Choctaws on the south and in front, whUe the Chickasaws were in position on the north side of the creek, so there was no outlet for retreat. The siege was one protracted fight, until the last of the Chocchuma warriors fell, and then the women fought until most of them had perished. At the conclusion of this war the two victorious tribes re-established their tpundaries. Line Creek was afterwards known by the Chicka saws as Nusic-heah, "you asleep;" because not long afterwards the Choctaws attacked them there when unprepared or "asleep." AU the Southern Indians were addicted to gambling and betting. At their ball plays they bet their ponies, their crops, their clothing and trinkets, and in a game between two, tribes, they would sometimes stake a part of the territories that they claimed. The Creeks and Choctaws had several international games in which territory was lost and won, sometimes resulting in war. As late as 1835, there died in the southern part of Noxubee, an Indian known as Stonie Hadje, supposed to be over one hundred years old. He was much esteemed by the whites. He was a Creek by birth, a Choctaw by adoption. He said that in ancient times— perhaps about 1790— there was a large pond near Noxubee river much resorted to by beavers. The Creeks claimed it because they had dis covered it; the Choctaws because it was within their boundaries. _ Beaver skins were in demand at Pensacola and Mobile. Neither 486 Mississippi, as a Province, party would give in, but it was finaUy agreed to determine it by a ball play. Each tribe selected fifty champion players. They commenced their preparations with the new moon, and these were not completed until the full of the third moon. Large supplies of provisions were provided, and the players had been subjected to the proper regimen and drill. Five thousand Indians camped around the ground. The principal Creek chief then paid a visit of ceremony to the great chief of the Choctaws. In three days the visit was returned, and next day the contest comraenced. The play was nearly equal. Each competitor seemed to have met his match. Fortune vacillated from one to the other. The excitement was tremendous, and rival parties even stripped themselves of their clothing, blankets and ornaments to stake upon the issue. All the rounds had been played but one, and the parties stood even. One more round would decide. The struggle was terrible and continued two hours. The Creeks were the victors, and a yell of triumph resounded over the field. They indulged in insulting insinuations. They called the Choctaw champions squaws, and flung them a pettitcoat. A Choctaw warrior immediately seize.d his tomahawk and a general fight ensued, with knives, clubs, guns and hatchets. This affray commenced before sundown and lasted all night and until eight next morning. The combatants ceased from sheer exhaustion, and the two chiefs were then able for the first time, to intervene. Three hundred warriors, the flower of the two tribes, lay dead on the field, and as many desperately Avounded. Many women had been slain. It required a week to inter the dead, and then the survivors met, smoked the pipe of peace, and separated. Until the two tribes removed to the Avest, it was their custom to assem ble at this fatal field every year, to mourn for the slain. After the fight, the Creeks, though they had won the pond, tacitly relinquished it to the Choctaws, who say, however, that the beavers deserted it directly after the fight, denoting the displeasure of the Great Spirit.. In 1832, one Charles Dobbs settled on this battle-ground.. The aged Indian told him the dolorous story, and pointed out the places of sepulture. Dobbs found therein many silver ornaments and a consid erable sura in Spanish dollars, thus verifying the story; , but his dese cration of these tombs Avas universally condemned. This place is on the east bank of Noxubee river, some five miles west of CooksvUle, and some three hundred yards north-east of the junction of Shuqualak creek with the river. The pond Avas on the west bank of the Noxubee, half a mile north-west of the battle ground, but has been drained and cultivated. A nuraber of years afterwards, another ball play look place between the two nations, Avhich resulted in Avar. A. pitched battle occurred on what is noAv the FitzGerald farm, in the north eastern part of Noxubee county, on the south side of the BrooksvUle and Pickensville road. The Creeks Avere victorious, but having an impending quarrel with the Cherokees, they granted the Choctaws liberal terms. But the vanquished never forgot their defeat, and cher ished a bitter resentment. In 18 II, when the celebrated Tecumseh visited the southern tribes, Territory and State. 487 to enlist them in a general coalition against the whites, he met the Choctaws in councU in this same locaUty. Pushmataha, Mashulet- ubbee, Hopiah-skatena, and other renoAvned leaders were present The Shawnee made a vehement harrangue, pointing out the wrongs of the red man, and invoking vengeance on the pale faces, and it had its effect on an untutored people, whose very names indicate their pro pensity for war and blood. Pushmataha was the steadfast friend of tiie whites, but Mashuletubbee was vacillating, and Hopiah-skatena (the Littie Leader), was decidedly hostile. The young men were evi dentiy restiess, and inclined to folloAv the Shawnee. The next day Pushmataha delivered his talk. He was a man of imposing presence, of dignified deportment, and with great Aiatural oratorical gifts. He dwelt a long time on the friendly relations that had existed between tiie Choctaws and the whites, ever since the first of that race appeared in the country, and said that no ChoctaAv had a drop of a white man's blood upon his hands. "You are noAv on your way, Tecumseh, to visit the Muscogees, and to court an alUance with them. In three days you will enter their villages, and eat out of their bowls. They abhor the white man, and wUl listen to your talk, and when they hear your war Avhoop they will be ready to strike. But the Choctaws and Muscogee can never travel on the war path together. Our old men, and our traditions forbid it. The ghosts of our fathers would meet us, and drive us back to our hunting grounds. The bones of our warriors, slain by Muscogees, are mouldering near by, unavenged, and last night I heard their complaints around my camp. Even now I hear the voices of the dead in the passing breeze, and I see their spirits in yonder cloud. They hold the pipe of peace to the white man, and the tomahawk to the Muscogee. Then turning, menacingly, to Mashulatubbee and Hopiahskatena, he said, in angry and imperative words : ' 'Return home with your warriors, and put to death any of thera that join the Muscogees." Tecumseh abruptly departed, followed by his retinue of Northern Indians, uttering in their OAvn tongue, a bitter imprecation. The proceedings of the famous council with the Muscogees have been related in onother place.* Soon after this last councU, the noted half-breed, Weatherford, and a Muscogee chief, Ojilli-hadjo, had a secret interview with Mashulatubbee, Avho had the disposition, but not the nerve to unite with Tecumseh. A few of his young men, as the war progressed, joined the hostile Indians and were nearly all killed in the battie of Calibee sAvamp. The survivors, on their return home, were put to death. Ne-ta-ka-cha, who succeeded his uncle, Pushmattaha, was a chief of great firmness, sincerity and decision of character. Among the Choctaws, and the Indians generaUy, the wife was lit- eraUy the servant of the husband. She would consider him dishonor ed to carry a burden, to till the ground, or even to bring home the game that he killed. All menial labor was cheerfully done by the wo men, while the men spent their time in war, in hunting, feasting, gam bling and sleeping. *01aiborne's Life of Dale. 488 Mississippi, as a Province, Their criminal code was very simple— blood for blood. This may be Ulustrated by the story of Pi-in-tubbee, a young Choctaw brave, Avho lived in the present county of Winston. Shortly before the first emigration west, he quarreled "with a warrior and kiUed him on the spot. He fled, but not so far that he did not know that he had to die, and that a day had been appointed when the Choctaws would assem ble at a designated place, and he was expected to appear and surren der his Ufe for the blood he had shed. The day came, and the peo ple met on the crest of a hill overlooking the valley of the Nan-awy-yah, about a mile from the sacred mound. But the fugitive was not there, and the day was waning. At length, they perceived him rapidly ap proaching. There was general rejoicing, for to have been derelict would have been a disgrace to his clan, and one of his kindred Avould have had to die in his place. He excused his delay; that before his misfortune he had made a promise to attend a dance a long way off, and as it was his last on earth, he desired to keep it; that after it was over he had traveled night and day, and was now ready to die. At this moment a missionary rode up. He made an earnest appeal for the pa'rdon of the culprit, but the answer was, "life for life." He then turned to Pi-a-tubbee, and Avith great want of tact and discretion, depicted his sins, his unprepared state and the horrors of heU, so viv idly that the poor felloAV became nervous. He had believed that by surrendering his life to atone for his crime, he would pass at once to the happy hunting grounds of his fathers, and spend his tirae in a per petual feast with beautiful maidens, and on the verdant banks of re freshing streams. But now the wise raan, the prophet of the pale faces, by his terrific pictures of perpetual torment, had shaken his faith and his courage. An expression of fear was visible in his face — he trembled and stepped back. His mother's brother standing near by had noted all this ; he felt indignant that one of his blood should be tray such weakness, and with one blow of his tomahaAvk he cleft him to the brain. He was immediately buried where he fell. The AVOmen of his faraily cried over the grave, but the Avarriors closed the day Avith a feast and a dance. When a ChoctaAv coraraitted horaicide, he was never put under ar rest. He knew the debt had to be paid, and how it was to be paid, and there is no instance in Avhich he failed to appear on the day and at the place appointed. Re-adjustments, reductions and compro mises were not tolerated. It soraetiraes happened that if the party was a young man, with a family, his aged father, or uncle, or some- one of his blood would offer to die in his place, and this Avas always ac cepted in satisfaction. The party about to die spent the preceding night in chanting his death song, and continued to sing until he reach ed the appointed spot. He then calmly knelt, and Avas shot or toma hawked by one of his kindred, and thus the feud Avas extinguished. Homicide and Avitchcraft were the only crimes punished capitaUy. It was a point of honor not to permit their fallen braves to be scalped. They Avould risk their lives to carry off or conceal their bodies. Ancientiy, when one Avas killed or died a long way from home, they buried hira in a sitting posture, to indicate that he was only resting, and Avould return. Territory and State. 489 In ancient times, the bones Avere enveloped in a covering of bark, and deposited in a shallow grave near, and often in, the house. The shrivelled integuments stripped off by the bone-pickers, were buried in a separate place, over which a pole Avas planted, to which was sus pended thirteen hoops, raade of grape vine, to represent the thirteen lunar months, which they counted a year. To the top of the pole was attached a smaU streamer or flag. The spirit of deceased .was sup posed to ascend by these hoops to the top of the pole, Avhere it lingered tiU the funei;al ceremonies were over. At certain intervals, the kin dred came to cry over the grave, each tirae removing a hoop. When the last hoop Avas removed, the ceremony of the "pole pulUngs" and "dancing home" took place. The tAvo oldest men that could be found, were employed to take up the pole, receiving a fee for the ser vice. Two supple-footed young men then seized and bore it off, and buried or concealed it where it could not be seen again. Then the spirit takes its flight, and the warriors dance it home. This dance lasts aU night, and often continues until the whole party is exhausted, be cause it is a long journey the spirit has to make. At length he comes in view of the happy hunting grounds, and finds it encircled by a river of Avhirlpools, dark and deep, and the only crossing is a small shppery pole, from Avhich the bark has been stripped. Two fierce- looking giants, armed Avith clubs, guard this crossing, and assail all who approach. If the spirit is that of a brave warrior, he escapes the bloAvs, Avalks boldly over, and is there met by a kind-looking man, Avho presents him Avith superior weapons, and conducts hira Avhere there is abundant game. The bad spirit plants his foot on the pole — is knocked into the angry stream — is swept a long way down, and at last finds himself in a cold, desolate country, Avhere an old, ill-natured man gives him a vvorn-out bow and broken arrows, and with this he has to provide a scanty sub sistence, and live on roots and very poor meat. They believed that the souls of women and chUdren went direct to the happy grounds. The scaffolding of the dead Avas abandoned raany years since ; the pole and the hoops continued much longer, and the cry over the grave — an affecting spectacle — continues even to the present day. The Choctaws, from time immemorial, were divided into three beats or districts, each under charge of a head chief, who never exercised their authority, in important junctures, without the counsel and con sent of the sages and warriors. Government, in aU uncivUized com munities, is lax and of precarious tenure.' If the chief be general in war and judge in peace, he is general only from dread of the enemy, and because submission to the one best qualified becomes the interest of aU. He is judge, because even the most untutored communities know that a common arbitrator is indispensable. But when matters concerning the society and public welfare generaUy, can be debated and determined, the power of consulting and determining is exercised by the whole society, or by the heads of its different divisions. As one of the society, the chief has a right and is expected to be present, and he asserts and is aUoAved the right of presiding over the delibera- 490 Mississippi, as a Province, tions. But his power is really no greater than any of the other parties in consultation, except from the moral influence his fame for valor and Avisdom may, and doubtless does exert. AVhen one man exercises all the power of a community, that is des potism ; a condition that never existed among the southern tribes. Their governments had many of the characteristics of the feudal sys tem, and had they been found in Germany, we should have traced them to that source of modern civilization. The Indian organization tended to an oligarchy. The warrior con sidered himself, in peace, the peer of his chiefs. They Avere not his vassals or bondsmen, but like the Norman leaders, were the Comites, or companions of the conqueror, and equally noble. The names of the chiefs in the three ChoctaAv districts, at the re moval west, were Ne-ta-ca-che, for the lower district; Ma-shu-la-tubbee, for the central, and Greenwood Le Fleur, for the northern. They Avere independent of each other, and, with the co-operation of the head men, were supreme in authority in their respective districts. They consulted and acted in concert only in external matters, when the whole nation assembled to decide on peace or Avar. In latter times the Avhole nation assembled to receive their annuity, the goods, on the occasion, being delivered to the chiefs or captains, and by them im partially apportioned to the people. These captains were taken from the respective viUages in which they lived. In each of the districts, there were sub-chiefs or captains, caUed in the Choctaw tongue, mingos, who Avere the leaders in their respective towns or beats. Their jurisdiction and authority embraced all matters of local concern. In the event of Avar, the sub-chief or mingo, leads the Avarriors of his village or town. The Choctaws, for a long period, had no regular Avars, untU Pushmataha joined Gen. Claiborne against the Creeks or Mus-cogees. But their hunting parties often went west of Red river and into Arkansas, and had many bloody forages there. The Choctaw orator always proudly boasted that their nation had never shed the blood of a white man. OccasionaUy, a general council of the nation, or of the district, was called. The head chief of the district, or if it be a national councU, the three chiefs, send out runners to the subordinate chiefs, giving to each runner a bundle of sticks, corresponding to the number of days to intervene between the time of despatching and the day of meeting. The runner, every morning, throws away a stick, until he reaches the chief to Avhom he has been sent. He then delivers the bundle, with the remainder of the sticks, and the sub-chief throAvs away one every morning, which brings him to the place appointed when the last stick has been thrown aAvay. This was the primitive method of transmis sion between the Indians, and was long adhered to, after they had becorae raore civUized, out of respect to the ancient custom. On the day appointed the Chiefs and Mingos assembled in the square or open space of the tOAvn, and the common people make it a holiday and engage in ball playing or dancing. The council square Avas generally central, and about 60 feet long Territory and State. 491 and 40 wide. On each side were two rows of posts, the outer one filled in with mud, about six feet high, and the whole roofed over with straw or boards. There were two rows of wooden benches covered with matting of woven cane, or white bark; on these benches the Chiefs and Captains take their seats and smoke their pipes, slowly passing them from one to another. The Indians are very deliberate, and are slow in reaching conclusions. The Speaker or Orator of the district or nation (as the case may be) usually opens with a speech, explaining why the assembly has been called, and discloses the views of the Chiefs. If the Speaker be absent, the Chief himself opens the assembly, and sometimes does so whether the Speaker be present or not. The Speaker is a salaried officer, and his share of the annuity is only inferior to the head chief. Any sub-chief or Mingo is then at liberty to give his opinion. Ample time is allowed. After the debate has ceased, and the pipe has been passed all around, the Head Chief, or the Speaker, by his orders gives the Big Talk, collecting the decis ions of the council from the opinions that have been expressed, and giAfing his vicAvs as to how the conclusion arrived at is to be realized. He speaks very deliberately, and at the end of each sentence, if what he says be approved, the Mingos exclaim Ma ! (yes) in a loud voice. There is seldom any collision between the Chief and the subordinates. If the superior be a man wise in council and bold in war, the counsel lors usually decide in consonance Avith his recommendations, and if he be a man of tact he generally recommends what he finds, from their debates, is most agreeable to them. The Southern Indian is a bom politician and diplomatist, and usually carries his point. The Creeks or Muscogees, from time imraemorial, Avere divided into two districts or parties, the Upper and Lower Towns. Over each of these divisions there was a ruling Chief, and over them, and over the whole nation, a Suprerae Chief, or King. With this exception the government of the three tribes was about the same. When the Creeks meet in councU they smoke and have what they caU ' 'the black drink. " It is made of the leaves of the Cassina Yapon, a tree resembling the haw-bush. They put the leaves in a basket and deposit it in a long earthen pot and boil them over a fire made in the middle of the square under a scaffold. The ceremony of drinking "the black drink," says Gen. Dale, is this: When they are all seated around one of them takes the gourd, (kept for that purpose) holds it over the pot, pours into it the liquid and continues pouring in until it foams and runs over. He then takes the gourd to the Head Chief and begins making a long note, drawing out his breath longer than one would sup pose he could ; he then draws his breath a second time, giving another long note, but in a different key. He then carries the gourd to the other chiefs, giving each of them a grunt as he presents it. There is no fixed time for the latter to drink by ; the head chief drinks during the making of the two notes. They drink a quart at a time as hot as they can bear it. Some 15 minutes afterwards they vomit the drmk without any effort or artificial means. The virtue of the drink is ex- hiliration and warmth to the system. ¦* »The ancient Germans debated when they got drunk but never A-oted or deci ded till they got sober. Tacitus de Germ. 22. 493 Mississippi, as a Province, "The Choctaws, Creeks and Cherokees aU believe in a Deity, whom they call '-The Great Spirit, the Giver of Breath," but they have no particular notion of his attributes, nor any mode or form of testifying their belief in or dependence on Him. Nor did I ever hear them say. anything further about Him but as "the Great Spirit, the Giver of Breath." Nor had they any notions of a hereafter, neither Choctaws, Cherokees or Creeks. I have never known them to intimate at any tirae whether, Avhen about to die or on any other occasion, any dread or thought of a hereafter, neither any hope of pleasure or fear of pain. The saying that they anticipate in another world good hunting grounds, I believe to be unfounded in truth. So far as the Creeks, Cherokees and Choctaws are concerned, all their notions of good or ill seem to be bounded by their present existence. Each of the tribes have conjurers whom they reverence very much. They tend their corn for them and make them presents. In latter times, the chiefs of the villages gave thera more of the annuity than the comraon people. The office of these conjurers is to attend to the sick as doctors, to tell who are witches, to predict coming events, to make it rain and make it stop raining. "It generally rained as they predicted," says General Dale, "predicting frequently when there was no sign apparent to me. This made me believe that they had paid sufficient attention to astron omy and the study of nature to enable them to judge scientifically upon the subject." When any of their prophecies fail they say that some of the Indians have spoiled the physic by something they had done. There are frora one to six conjurers in each vUlage. When the con jurers point out a witch the chief has her forthwith put to death. Among the Choctaws and Cherokees marriage is nothing but a ver bal agreement. They live together as long as they please and part when they please. Among the Creeks the marriage ceremony is this : The man gives the woman a piece of venison or some kind of meat, and she gives hira an ear of corn in the presence of witnesses. They are then man and wife, at least until the green-corn dance. Then the married couple are released if either of them thinks proper to break the contract. In such case the woman keeps the children. If the woraan violates her fidelity before the green-corn dance (among the Creeks) she is whipped severely, her ears cut off and tied to the sticks with Avhich she Avas beaten and the sticks set up in the town square for the people to look at. They serve the man who seduced her in the same way. If the man clears out, and cannot be' caught, the clans men of the injured husband punish his nearest relation in his stead. If the woman be punished and not her seducer, or his relation, the clan of the woman inflict upon the leader of the party that punished her, the same punishment which she had endured, and there the thing ends. Among the Cherokees there is no punishment for the inconti- nency of women whether married or single, but on the contrary the most tormenting ridicule would be heaped upon the man who should complain of the infidelity of his wife or sweetheart. The Choctaws, Creeks and Cherokees, have from one to six Avives. The wives do not occupy the same house, but different houses to themselves. The green-corn dance takes place when the first roasting-ears come, Territory and State. 493 before Avhich no ncAv corn is touched. At this dance they extinguish all their fires, and make new fire by rubbing two hickory sticks to- getiier until it is produced, from Avhich they supply their houses. The green-corn dance is the ancient jubUee ; — all former crimes are forgiven except murder — Avhich never can be expiated but by life for life. Theft, among the ChoctaAVs and Cherokees, is punished by Avhip- ping. The Creeks not only whip severely, but cut off the ears of the culprit, and fasten them up in the town square. The ChoctaAvs scaffold their dead until the flesh rots off thera ; the scaffold being eight or ten feet high and built on the edge of their yard. They then scrape the bones clean, place them in a box or put boards or bark around them and bury them in the ground — -burying them sometimes in their yard, sometimes under their house. " AVhen I assisted," says General Dale, "in moving the first body of Choctaws that went west, there Avere some of them whose dead were StiU on scaffolds. They remained to bury the bones and chant the funeral rites the required time, and came on afterwards." With the Creeks, when a man dies, his wives cannot dress up, or go into com pany, or attend the dances or appear in the town square, or bind up their hair for the period of 1 2 months, during which time they must remain chaste under the penalty of beating and cropping as above stated. * The relations of the deceased husband have the privUege of re leasing them from the observance of this custom before the year is out, but they seldom do so. The Cherokees bury their dead without any cere mony, burying them in the woods soon after their death. AU the Indians compute time by the moon ; Avhen they compute a less time than a lunar month, they do so with sticks as already stated. They have 13 separate names for the 13 moons in the year. Neither ChoctaAvs, Cherokees, or Creeks had any tradition of who built the mounds, when they were buUt, or for what purpose they were buUt. There is one peculiar feature in the "division of the people common to the three tribes. They are distinguished by clans which run through the whole nation without any regard to the Districts. They are six in number, and caUed in English— the Wind clan— the Bear clan— the Deer clan— the Wolf clan— the Panther clan— the Holly Leaf clan. When one Indian kills another, one of the clan of the party kiUed is certain to kill the slayer. When the Choctaws kill each other, the slayer voluntarUy delivers himself up to the opposite clan to be kiUed. The Choctaws in rare instances take pay to release their victim ; the Creeks and Cherokees never do; no sura can induce them to spare the life of their prisoner, and if one were to take pay, the others of the clan would nevertheless certainly kill him.f If an Indian's wife is » We learn from Blackstone that the laws of the Eomaus, Saxons and Danes re quired the widow to remain single for a year after her husband's death-which is called the annus luctus, or year of mourning. 1 Bl. Coram., 457. Perhaps the widow's quarantine, during which she can remain in her husband s mansion-and during which it is the duty of the heir to assign her dower, had 1^ origin m re spect for her grief, so that she might uninterruptedly bemoan the loss ol her lord. 2d Bl., 135. tThis custom of requiring the murderer to satisfy the relatives of the deceased with his life, or a heaVy fini, seems to have been universal with all rude nations. 494 Mississippi, as a Province, killed, some of the clan of the deceased wife must kill the slayer. Should the husband do it the clan of the slayer would kill hira. They are very tender towards their chUdren, treating them generally with greater kindness than is customary with other people. Suicides araong the Indians frequently occur, occasioned generally by ridicule or disgrace. The father and mother of an Indian arrested and imprisoned in Mississippi killed themselves on account of the im prisonment of their son. The father shot himself, and afterwards the mother hung herself on account of the accumulated distress. The law of distribution of their personal effects is the sarae in the three nations. AVhat carae by the husband or by the Avife, upon their death without issue, goes to their respective relations. When the wife dies leaving children, her property goes to her children — her relations taking care of it for them and of them. The Avoraan having to raake the crop and raise the hogs does not miss her husband so much when he is killed, except on account of the game, because with the excep tion of the game she had the support of the family on her hands pre vious to his death. The land is in common to the nation — chiefs and people ; particular lands being unknoAvn among thera but by reserva tions in the treaties. Their tUle to their houses and fields of corn is entirely by occupancy. As soon as the house is abandoned, any other person may take it. Their right, however, AA'hile in possession or use of the property, is scrupulously respected. When the husband and wife die leaving no children, the relations of the wife generally take their house. But if the house was built entirely by the husband, without the assistance of the wife, in such case, his relations usually take possession. If the house be an old house and buUt by neither, it goes to the blood of him Avho built it. But these rights mean noth ing unless acted upon at the time of the house being left vacant, for if another be permitted to enter, occupancy, as above stated, becomes the sole title.* Among the Jews, among the Gothic nations, Eobertson's Charles V, p. 31- Among the ancient German, Tac. 21. Among the ancient Irish and Anglo Saxon's, 4 Bl. Coram., 313, 314, 413. Among the Abyssinians— Nubia and Abyssinia, by Eev. M. Eussell, Harper's edition, p. 268. Among the modern Persians, Hist, of Persia, by James B. Frazer, Harper's edition, 224. Among the Afghans, Ibid, p. 300. Eussell, in his history of Nubia and Abyssinia, compared the people of the upper Nile to the Indians, p. 56-58. He says, also, that those people have no idea who built the splendid temples and edifices among which they live, nor do they exhibit any curiosity to know, p. 194. This will tend to show the fallacy of rely ing upon a mere comparison of manners and customs, but if Hume's plan were fully carried out, and comparison of languages also made, perhaps something more satisfactory might be discovered. "* The Indians, like all other barbarous people, have no property in real estate, and never could comprehend the white man's greed for it. By the law of nature they had an individual or exclusive claim to the spoils of the chase or of war; and the temporary use of any spot they chose to camp upon, and to what grew there on as long as they chose to occupy it. This right, thus limited, [exists in all societies, however primitive or uncivilized. It owes its origin to the necessities of man, and commenced before the institution of civil societies and the organiza tion of communities. Political associations are organized to secure this national right. Property in land never becomes more permanent till government becomes more defined and stable, or, to speak more accurately, permanent property in the soil and perraanent government are not only inseparable concomitants, but they are simultaneous, and the gradations of each are distinctly defined in the march of nations. If we possessed the unbroken series of the laws of any people, from Territory and State. 495 The Indians have an art, common to them all, of subsisting on less than a man can subsist on in any other way. They take the corn when it is fit to roast, boil it in an earthen pot, take it out in the ear, barbe cue it on a scaffold over a fire untU it is perfectiy dry and hard ; they then shell the corn, place it in a pot, sift ashes with it, and parch it over the fire, stirring it around aU the time Avith a stick. They then take it out, sift the ashes from it Avith a sifter made of split cane, and pound the corn in a mortar. This parched corn flour, (generaUy knOAA'n among the traders as ^^ cold meal,") keeps Avithout spoiling as long as it is kept dry, and a man can travel a Aveek on a quart of it. A spoonful of it put in a pint of Avater, is a delicious and sufficient meal for one raan. After it is put in the Avater they let it stand until it mixes and becomes like soup; it then serves both for meat and drink. They barbecue venison and beef by putting it on sticks and placing it over the fire until it is perfectly done, using no salt for preserving it. All the Indian nations have a particular kind of Avar-whoop and war- dance. AA^henever they get any news threatening Avar, or of a warlike character, the Avar-whoop is raised by those Avho hear it, hearing Avhich, the people of the town assemble at the square. When a chief gets news that the Avhite people are coming, or that war is at hand, he despatches runners to the head chief and to the different towns to carry the news. AVhen the runner gets close enough to the town, he gives the war-whoop and continues whooping and running on through the town to the square, where all AA'ho are present raise the war-Avhoop, which speedily assembles the people. Other runners then are imme diately started off, and in this Avay the ncAvs spreads speedily through the nation — swifter than it could be carried on horseback. A well- trained young Indian can run 50 miles frora day-light to dark — going all the time in a long lope, and never tiring or stopping. The war-club was introduced among the Creeks by Tecumseh and his followers in 1811, at the Great Council at Tookabatchie, of which Gen. Dale was a witness. The Avar-club is shaped like a gun-stock, made of heavy wood; on the bend of some of them is a steel or iron spike 3 or 4 inches long. Previous to that time the Creeks only used the tomahawk, bows and arrows, the gun and scalping-knife. The scalping-knife is something Uke the common carving-knife rounded at the point. The real scalp is the crown of the head — a piece about as big as a dollar. They take off a larger piece, however, and afterwards cut, scrape and dry it. They leave the hair on it, paint the skin and preserve it with a great deal of care. The Creeks and Cherokees have, in winter, what they caU hot-houses. Two or three families club together and buUd a hot-house. They make it of logs, cover it with poles on rafters placed close together, add the period when all property was in common to that when it became several, we should behold the idea of exclusive property in the soil emerge out of its tempo rary possession, and advance with a slow, but steady progress, to perraanent ten ure. The Indians were, in this relation, like the ancient Germans, whose policy it was, according to Ca;sar and Tacitus, not to protect, but to discourage agri culture and fixed habitations, that the men might always be at leisure to rob. lo this end, only temporary possession of land Avas allowed. No family was permit ted to occupy the same place more than a year at a time. At the end ot that period the chiefs made a new allotment. 496 Mississippi, as a Province, another covering of bark or boards, and daub the whole thickly with mud, inside and outside. The hot-house is a small square building, with a fire in the middle, raised on a hearth. They heat the house at night, rake the ashes over the coals and sleep on cane mats round the house, opening the fire as the house gets cold towards day. In this house, the chUdren, who are naked, are kept warm all the winter. While the hot-house is heating, they are at the fire in their parents' houses. The hot-house is only heated in very cold weather, for, unless it is very cold indeed, the children, though naked, can stand it, play ing about and running from house to house. The Creeks and Cherokees always have a flag-pole about fifty feet high, planted in the ground, about thirty yards from their town square. Upon this pole they generally raise, in times of alarm, a flag of Avhite cloth. Around this pole is a circular yard about thirty yards in diam eter, nicely scraped and clean, Avhere they play at foot-ball, in which game they kick with the foot, and do not touch with the hands. The women and raen play at this garae. The ball is about the size of a large orange, and to complete the victory, after they get the ball through the sticks, they must strike the pole Avith it. This is the only game played in this yard. The ball-play proper, when they play with sticks, (the Indian's great game) is somewhat difficult to describe. An open, level piece of land is selected, and four poles are planted some two hundred yards apart, two at each end, two feet apart at their base, but inclining outwards to a width of three feet at top. From twenty to fifty players, on each side, engage in the game, Avhich never fails to attract a crowd. The parties, respectively, assemble at the pole, and then advance, whooping and leaping, to the centre, where they lay their sticks down in tAvo roAvs. These sticks are about three feet long, one end fashioned, very ingeniously, of basket-Avork, in the form of a hand half open, with which to catch the flying ball. The object of one party was to throw the ball through the posts, and the business of the other party was to intercept the ball, and cast it through the posts at the other extremity. After depositing their sticks, an interval of about an hour was allowed for betting. Men and women, old and young, almost without exception, staked everything they could com mand, blankets, leggings, ornaments, moccasins on their feet, horses, and money. AVhen two persons make a bet, the stakes are placed in the hands of a stake-holder, to be delivered to the Avinner. The play ers then post themselves along the line, and one of them, standing in the centre, tosses up the ball. The struggle then to catch the ball be gins between the rivals. It must be caught only Avitii the stick. The ball is about the size of an ordinary trap-ball, stuffed Avith deer-hair and covered with buckskin. Two mingos, one for each side, kept the tally. The ball had to pass twelve times through the poles. The party that succeeded first was tiie winner. The instant a player caught the ball it was his aim to cast it, with all his might, towards his own poles. But it was lucky if it was not snatched from him before he could throw it, or caught in an instant after he had hurled it. "Stand from under," and "look out," were the rules in this game. No re- Territory and State. 497 sponsibility for accident or injuries, even should such injuries be fatal. No respect for rank, or age, or sex. AVhen the play opened, the play ers were supreme. If you got in their way, you Avere remorselessly run over. If an arm, or a leg, or a rib, head or neck, Avas broken in the struggle to catch or throw the ball, it was all in the game, and no one Avas censured. They ran like a stampeded herd of AvUd horses or buffalo, over everything in their way, -and if one or more fell the others passed over him. As the ball would come whizzing by, with the veloc ity of a buUet, a player would spring four or five feet in the air to in tercept it, and just as he Avas in the act of casting it to his OAvn poles, or starting to run with it in that direction, a rival would seize and hurl him to the ground, clutch the ball and be, in turn, overthrown as he was about to cast it. One of these games, sometimes, lasted all day. VUlage played against village; clan against clan; tribe against tribe ; the sarae rules governing in each case. In all the villages, facing the public square, is the tOAvn house, de voted to dancing. These houses, among the Creeks and Cherokees, are circular, running up sorae twenty feet in the form of a cone or sugar loaf. Just before night, a fire is made in the center of this house', and by eight o'clock the dancing begins. The music is a very primitive drum, made of a dressed skin drawn over the section of a hoUow tree or box, accompanied with a Ioav, monotonous drawling chant by the musician. The leader of the dance chants the same tune, and the dancers keep time with wonderful accuracy. These town dances were intended for amusement, but the ball flag-dance and the war dance were religious solemnities, and required long practice and regular drill. The step or motion began at one end of the semi-circle, gently rising up and down, upon their toes and heels alternately; Avhen the first was up on tiptoe, the next was on the heel, and thus, from one end of the rank to the other, so that some were up and some down, alternately, without any confusion, and moving with the regularity of machinery, obliquely or sideways, so that the circle performed a double or complex movement in its progression, and at intervals exhibited a general, uniform movement, by each rank turning to the right and left, taking each other's places. These movements were made with won derful alertness, accompanied, occasionally, with the shrill war-whoop. The green-corn dance (boos-ke-ta, in the Muscogee tongue,) was celebrated when the corn became fit for roasting. The day was ap pointed by the head chief, after a solemn smoke with his counseUors. The festival lasted from three to six days. The ground is sprinkled with sand. Four logs of wood are brought in, by four appointed war riors, from the east, west, north, and south entrances, and placed in the centre, end to end, in the shape of a Greek cross, the outer ends facing the cardinal points. The new fire is kindled by the friction of hickory sticks, and all the old fires are extinguished. The first dance— the Pin-e-bun-gaw, or turkey dance, is by women exclusively, during which the black (or Yopan) drink is brewed. Next foUows the Tad-pole dance, by four women and four men. After this, 32 498 Mississippi, as a Province, the men dance the E-ne-hon-bun-gaw, or dance of the comraon peo ple. This continues all night. On the second day, the women dance the It-ho-bun-gaw, or gun dance. At 12 m., the warriors go to the ncAV fire, take up a handful or ashes and rub themselves on the chin, neck, and abdoraen, and then, Avith a wUd yell, plunge into the nearest water. By this tirae the new corn has been prepared by the Avomen, in various Avays; the men rub some of this on thera, as they did with the ashes, and then the feast commences. On the third day, the warriors sit on the square, frora sunrise to sun set, in solemn silence. On the fourth day, the women renew their fires from the four logs in the tOAvn-house ; the men rub themselves again Avith ashes, and bathe ; they all eat salt, and dance the Obunguachapeo, or long dance. On the fifth, they renew the sacred fire, and drink the black drink. On the sixth and seventh, they march in procession around the square. On the eighth, they boil fourteen physic plants together, under the direction of the E-lec-chil-gee, or physic-makers, and the warriors drink it. They next reduce a quantity of corn cobs and pine burs to ashes. Four young virgins mix up these ashes Avith white clay, and after carry ing a portion to the Mico (head chief,) the warriors rub themselves with the remainder. Then some tobacco, of a peculiar kind, called It-an-chu-le-pue- pug-gee (old man's tobacco, ) is brought by two officials, and the Avar riors all repair to the house of the Mico, and each secure a portion of it. The Mico and the warriors then walk four times round the fire, and every time they face the east they throw a little tobacco into the fire. They then face to the west. Next, a cane is set up in the cabin of the Mico, with Iavo Avhite feathers at the end of it. One of the Fish clan (Shot-lo-gulgee) takes this cane, just as the sun is setting, and proceeds to the river (or nearest water,) foUoAved by all the warriors. "When he gets half-way he gives the death-whoop, and repeats it four tiraes before he reaches the water. The warriors form a compact body on the edge of the water. The cane-bearer plants it on the bank, then every man puts a grain of the old man's tobacco on their heads and in each ear. Then they each throw a littie into the water, and plunge in, and each picks up four pebbles. With these they cross themselves four times on the breast, each time casting one of the pebbles into the water and sounding the death-whoop. They then bathe, and take the cane and plant it in the center of the square, and visit frora house to house. About ten at night they dance the 0-bun-gaw-hadjo (Mad dance,) and by day-daAvn the festival of the Boos-ke-taw is over. On this occasion, a general amnesty for offences committed during the past year, is proclaimed. All quarrels cease. The fugitive may return home. All crimes are sponged out, homicide alone excepted. The inexorable rule of life for life overrules even this general amnesty. Territory and State. 499 AU the tribes had the green-corn dance, but it was more protracted and imposing among the Creeks.* The Muscogees were a poAverful confederacy, lying south of the Cherokees, and east of the Choctaws. They received and incorporated Avith themselves any broken tribe that carae to them for refuge, as signed them a district to live in, aUoAved them to retain their usual cus toms and language, but required their aid for the common defence. This conglomeration of tribes accounts for the fact noted by aU the early travelers that sometimes, even in contiguous villages, a different dialect prevaUed. They Avere caUed Creeks from the numerous Avater courses in their territory, upon Avhich their tOAvns were generally situated, and they were divided into the upper and lower Creeks, the latter sometimes caUed Seminoles. In 1773-4, Bartram, the naturalist, traveled through the Cherokee, Creek, and ChoctaAv nations, and has recorded raany interesting details of their customs and habits. The Creeks, emigrat ing from the westward, fought their way through many tribes, and halted in the forks of the Okeraulgee and Oconee, in the present State of Georgia. Here Bartram found the vestiges of an ancient metropo lis, mounds, terraces, squares, and embankments, enclosing a large area. The cleared land extended up and doAvn the river fifteen or twenty miles, and Avas then called the Okeraulgee old fields. Here they concentrated, and resisted their enemies through Avhose country they had fought their way. Here, too, they were attacked by the Yamasees, once a formidable tribe in South Carolina, and whom the Creeks, after many bloody encounters had nearly exterminated; and the Savanas, Oguchees, Santees, and others, shared the same fate. The Creeks early entered into a friendly negotiation with the British authorities in Charleston, and their amicable relations Avere never dis turbed. But they made Avar on the Spaniards of East Florida, for giving shelter to the Yamasees, and even threatened St. Augustine. Owing to the number of their enemies, the Indians usually settled in towns or villages. The ground they cultivated in corn, beans, po tatoes, pumpkins, and mellons, was under a common enclosure, in which each family had its particular portion. Among the upper Creeks, some of these villages were large and populous. The old "Uchee town, for example, on the upper waters of the Appalachicola, contained, in 1774, over 2,000 inhabitants. In 1798, Col. Hawkins, so long United States agent, enumerates fifty tOAvns in the Creek nation. The Appa lachicola town was considered the mother town of the Creek confed eracy. It was sacred to peace. No human blood was alloAved to be shed in it.. No capital punishments were there inflicted. Criminals were sent beyond its limits for punishraent, and all treaties for peace were there negotiated. The great Coweta town, twelve railes higher up, was known as the Bloody town. There all great criminals Avere put to death, and there the Mico, his chief and warriors, assembled to prepare for war. In or near most of these towns there were evidences of occupation by a numerous people long preceding the advent of the Muscogees, * These primitive customs have long been obsolete. 500 MissLSSiPPi, AS a Province, but no tradition as to what they were, or what becarae of them. Their mounds, embankments and terraces remained, and the fields that had been cleared of the primitive forest, but nothing more. The Musco gees claim to have come into the country from the southwest, beyond the Mississippi, before Charleston was settled by the English, and their tradition as to whence they came, and why they left their native coun try, is very nearly the same as the Natchez, as related by DuPratz. Upon the downfall of the Natchez confederacy, the Muscogees rose to poAver, vanquished every nation they came in collision with, except the Choctaws, and incorporating the remnants and suppliants into their own body. In 1798, in the fifty towns visited by Bartram, two-thirds of them spoke different dialects. In 1 77 1, Capt. Roman, of the British army, passed from MobUe, by land, through the Choctaw nation to the Chickasaws, and returned down the Torabigbee river. He crossed the head waters of Dog river to Bogue Hooraa, (Red Creek,) and there entered the Choctaw country. It was then divided into two districts, the eastern called Oy-pat-os-coo-la, or the Small District ; the western was called Os-coo- la-Faylaya. There were some seventy villages. He found the Chickasaws chiefly concentrated in a large, rolling prairie, some three miles square. They had a continuous town, divided into seven vUlages : Melatan, hat and feather ; Chatetan, Coppertown; Chickafalaya, long town; Hickaha, stand stUl; Chuccalesssa, great town ; Tuckahaw, weed town ; Ash-wic-boo-ma, red grass. This last was fortified with pickets, and was where the unfortunate D'Atagnette had been defeated when he came from Canada to meet BienviUe. As hunters and warriors the Chickasaws have had no superiors on this continent. Never numerous — and frequently at war — they never failed to defend their country from invasion, but Avere at last expelled, or rather seduced away by the predominating craft of the whites.* As long as their ancient kings, and the pure bloods retained the ascen dancy, the Chickasaws and Choctaws rejected every proposal for the purchase of their country. But when the half-breeds or hybrid races became predominant, accumulated wealth and monopolized authority, the country, which their forefathers had so long defended, Avas sold to the United States for only a tithe of its real value. AVith it went their towns, their fields and the bones of their ancestors, and they made their sad and reluctant exodus, with but a single consolation — the solemn promise and covenant of this Great Republic, that their new territory should never be encroached upon — that their independence should be maintained — their laws and institutions respected, and that they should be, in all respects, under its guardianship and protection. How far this covenant between a powerful nation and a feeble people has been respected, is a question that each reader may ansAver for himself. The missionaries commenced their labors among the Choctaws in ** Those who are curious about the Southern tribes should read, Adair's Ameri can Indians, Hawkins' account of the Creeks, Bartram's Travels, HayAVOod's His tory of Tennessee, Roman's Florida, 'Willett's Narrative. Territory and State. 501 181 8. They were found in a semi-civiUzed state, living in huts or cabins, cultivating small patches of corn and beans in a very primitive fashion, and some of them owning herds of a small breed of horses and cattle. The crops were planted and worked exclusively by the Avomen, who were never idle, doing the cooking and sewing for the family, providing fuel, making baskets, etc., etc. They were the bur den bearers and bread providers of the tribe, and if ever woman's mission, Avith all its trials and grievances, has been faithfully and un complainingly performed, it has been by the Indian women of the Soulli. Untaught, bred in the wilderness under all the leveling influ ences of poverty and want, and riot and debauchery, without the divine light that points out the path of duty to more fortunate races ; with only the instinctive tenderness, delicacy and sense of duty of their sex to guide them, they uniformly manifested the highest attributes of human nature. Chaste, modest, resigned, patient, indus trious, honest, devoted to husband and children, and always faithful to their country. They brought up their girls like themselves ; they taught their boys to be honest, truthful and brave. And until cor rupted by the whites, and tainted with the lust of gold, and other vices of civilization, there was no purer race than the Indians of Missis sippi. Until we introduced the accursed fire-water into their country, they had no intoxicating liquors, nor was there a profane epithet in their language. Marriages took place in early life, and it required very littie capital to go to housekeeping. The land was free to all ; a littie cabin was easily buUt by the side of some bubbling spring. A small iron kettle to boU their venison and. hominy, and a wooden bowl to put it when cooked, were suffi cient for the young couple. They needed no mahogany tables, be cause, like the orientals, they sat upon the ground. If they had com pany the bowl Avas placed in the center, and the guests sat round and helped themselves one after the other. The same great wooden or horn spoon passed round the circle. Tom-ful-la was their standing and favorite dish. It consisted of corn, soaked in lye to take off the husks, then thoroughly boiled, and seasoned with bear's oil, deer-taUow, and sometimes with the kernels of walnuts or hickory nuts. They served their venison and turkey stewed with bear's oil ; they made delicious tortillas or corn-cakes of pounded corn, and a pleasant beverage of acidulated honey and water. The ribs of a fat bear and the liver was a luxury. They would put a slice of venison, a slice cf the breast of a turkey and a slice of bear's meat on a stick and barbe cue it before the fire, the grease from the bear's meat dripping on the turkey and venison, and thus serve a dish that no metropohtan cuisme could surpass. They made a very refreshing jeUy by pounding the roots of the China briar, {Smilax pseudo C/iina, smilax aspero,) strain ing it through baskets, drying the farina, and then raixmg it with honey They likewise pounded walnuts and hickory nuts, passed them through boiling water, and then through strainers of fine basket work, and thus produced an inspissated liquor, the color and consist ency of cream, and richer and of finer flavor. _ The Missionaries found that the Choctaws recognized a Supreme 502 Misissisppi, as a Province, Being or Great Spirit, who made and ruled all things. But they had not even a traditional knowledge of any other religion. They believed that the air was peopled with good and evil spirits, the latter more numerous, and to their influence they attributed individual and nation al misfortunes. The males, Avhen not at war, were usually hunting, not in parties, (unless they went into a region where they would probably encounter enemies) but singly and alone, his only companion a small dog. They Avere dexterous with the boAv and arrow, and became expert with the rifle. They universally believed in witches and sorcerers. Old and ugly Avomen Avere often accused as witches, found no defenders even among their kindred, and were summarily put to death. They had among them, as privileged castes, the Rain-maker and the Medicine-raan, the Prophet or Seer. The Medicine-man interpreted dreams, charmed away spells, and healed the sick ; the Rain-maker, in periods of protracted drought, was invoked to save the crops, and the Prophet lifted the veil frora the dim and raystic future. When the Medicine-man was called to a patient, he placed him on a blanket, then bending over him, he used his mouth as a cupping- glass, sucking the seat of pain, and growling during the process, like a dog worrying a cat. He often put his left hand to his mouth, pre tending to deposit what he had extracted from the patient. And then, after sucking, pounding, kneading, and growling, , for an hour, he would repair to a tree and affect to wipe his hand upon it. This pro cess of rubbing and manipulating usually put the patient to sleep, and he often woke up relieved, and the fame of the Medicine-man went abroad. If, however, the patient grew worse and died, the doctor im mediately declared Ijiat the intervention of some powerful and malic ious witch had defeated his efforts. The relatives would formaUy de mand of him to point out the Avitch, and after some days of apparent deep thought, he would indicate some old, decrepid, and isolated wonian, who, without formahty, or interposition, even of her kindred, was promptly put to death. In 1818, the chUd of a warrior sickened and died, in spite of all the manipulations of the Medicine-man. He attributed it to witchcraft, and pointed out a very old woraan in the neighborhood. Several young braves iraraediately volunteered to kill her. They repaired to her house, and she, with true Indian hospitality, placed before them all the food there was in the house. They chatted pleasantly during the repast, and then suddenly sprang up, gave the war Avhoop, and literally cut her to pieces. The Rain-maker had one privilege over other specialists. He always demanded a respectable fee in advance, giving them to understand that the spirits did not do business on credit, and as they never called on him till their crops were burning up, and their supply of water Avas exhausted, they were in no condition to haggle about terms. If the Rain-raaker fails, he does not attribute it to witchcraft, but says that he himself is Na-koo-a. Na-koo-a-fa-na — raad, too raad to be heard by the Great Spirit when'he asks for rain, and that their crops must burn up. The credulous Indians gather about him, implore him Territory and State. 503 to try again, and eagerly beg to knoAv what can de done to restore his good humor. -He replies that he will tell them after awhile, he is too mad noAv to think or to talk. He remains secluded until he notes the signs of an approaching change of the weather, and then he appears in pubUc, and tells them if they double his fee the rain shall come. Glad to propitiate his anger, they promptly brought even more than he demanded. And very soon the rain comes as he had promised. The Choctaw, like most Indians, was taciturn, of haughty demea nor, patient, abstemious, apparentiy insensible to pain or emotion — "the stoic of the Avoods." They Avere hospitable, grateful for favors, unobtrusive, neither forgetting nor forgiving. They Avere fond of dress, of paint and plumes, of trinkets and jewelry, and would spend hours in adorning their persons and admiring themselves in the small mirrors they carried in their bosoms. Red and blue Avere their favorite colors. In early times, they Avore a profusion of silver ornaments. The metal was obtained in their predatory excursions about the sources of the Arkansas and Ouachitta, and from the earliest times there were skUled artisans in metal among them. The Choctaw had no fear of death. He regarded it as a mere jour ney to a better hunting ground ; and formerly, his pipe, tobacco pouch, knife, tomahawk, and gun Avere hurried with him, and sometimes his horse was slain on his grave, as it Avas supposed he might need them on his arrival. Thus the Natchez killed the attendants of a great per sonage, that he might have servants in the other Avorld. The cry over the grave was never omitted. At a time appointed, relatives, neighbors, and friends assembled, and one group after another sat around the grave in a circle, Avith their blankets over their heads, and made their lamentations. They continued several days and nights, and then they had a feast and a dance. AVhen this Avas over, the narae of the dead was pronounced no more. The Choctaw woman had one blessing amidst all her burdens. She was exempt frora the curse which the scriptures tell us was bestowed on parturition. They Avere as prolific as other races, and yet the sage femme Avas unknown among them. A Avoman about to become a mother, retired into the woods, and in a few hours returned with her child, and resumed her occupations. It is the testimony of the Missionaries that they found the Choctaws strictly honest, scrupuously punctual to their engagements. If one borrowed an article, to the very hour he proraised to return it, it Avould be brought. The itinerant white trader was the potent instruraent of demoraliza tion, and counteracted many of the wholesome teachings and regula tions of the Missionaries. These devoted teachers, however, succeeded in accompUshing raany reforms, and in destroying many of the ancient superstitions. The Medicine-man, Rain-maker, and Prophet, were soon recognized as im- posters. It was affecting to observe with what intense interest they listened to the history of the Redeemer, and how soon, under the Divine guidance, they seemed to comprehend and feel the regenerating influ- 504 Mississippi, as a Province, ence of revealed religion. They heard, with amazement, the story of the cross and the atonement. For a man to yield, his life for the life he had taken, for a friend to die for a friend, was their own law and creed, but for one to die for his enemy, for the son of the Great Spirit to die for those that reviled, scourged and crucified him, re quired more than the eloquence of the raissionary could accomplish, but it pleased God to enlighten their understandings, and they soon manifested an earnest faith, visible in their prayers, and in their lives and conversation. In 1818, under the auspices of the American Presbyterian Board of Missions, the Rev. Messrs. Kingsbury, Byington, Gleason, Hooper, Touse and Cushman, with their families, and Dr. Pride and Misses Burnham, Foster and Thacher, established themselves near what is now MayhcAv station on the Mobile and Ohio Railroad. They gave their settiement the narae of Mayhew. Not long afterwards a similar establishment was made under the name of Elliott, some sixty miles southAvest on the Avaters of the Yal obusha. After laboring several years as evangelist and teacher at Mayhew, Rev. Dr. Cushraan, who Avas greatly beloved, Avas induced by the Folsom's and other leading Choctaws, to remove ten miles west of Mayhew and establish the mission of Hebron, three miles northwest of the present StarkvUle. He built on a spot knoAvn to the Choctaws, by tradition, as the old Chocchuma Fort, and where the last of their people had been slain. The Indians regarded it as haunted ground, and were, terrified by the ghosts of the departed. They believed that the presence of the white race would frighten them away. Every Sabbath, no matter hoAV cold or stormy, the missionary chap els would be croAvded by these untutored people, never tired of listen ing to the narrative of the redemption, and eagerly inquiring for the bread of life. The women arranged themselves on one side, the men on the other, the sexes never sitting promiscuously. The preacher, (until he acquired the language) stood Avith his interpreter, fronting the assem bly, and spoke a few sentences Avhich Avere immediately rendered by the interpreter. At the end of every sentence the men Avould ex claim Yum-77ia! (very good.) Now and then, a warrior would quietly leave the church, and in a few moments return with his capacious pipe filled Avith tobacco and sumach, resurae his seat, draAV a few whiffs and pass it to his neighbor, and so the pipe traveled round un- ¦tU its contents Avere exhausted. Then he, who had been favored with the last puff, silently AvithdrcAV, replenished it, returned, and the pipe thus went round till the exercises Avere closed. The raissionary schools were well attended, and contrary to expec tation the pupils Avere found extremely docile and subordinate. The parents frequently visited the schools, manifesting intense interest, of ten making "a talk" to the students and pointing out the great advan tages they possessed over their forefathers. There Avas a farm and a farmer attached to every mission, under charge of a competent Northern farmer, and the boys were taught to Territory and State. 505 ploAV and to hoe, and gradually Aveaned from their traditional preju dices and indolence. The farmer had a Avife and daughters, and sixty years ago these NeAV England women, well educated, refined and pious, Avho had fol lowed their husbands and fathers into the Avilderness, did what Miss Corson is now doing in New York. They reclaimed the daughters of the savage — taught them to scav and knit — to spin and Aveave— initia ted them into the making of butter and cheese, and drilled them in a regular Ncav England kitchen.* They sang the hymns taught them by the missionaries in their own language. These had been translated from the English, but some times, it Avas evident, they improvised to the missionary airs. The Choctaw language is musical and some of the Avomen sang beauti fully. The voices of Choctaw women are low and sweet, correspond ing with their gentle manner and modest deportment. Two villages stood in the vicinity of Hebron on opposite sides. On the Sabbath morn the people Avould assemble, one procession from the North, the other from the South, the men in front, the women and children fol lowing, and with measured step march to the church, singing a hymn in their native tongue. When they met at the door each party si lently shook hands Avith each other, continuing to sing during the cer emony, and then entered, took their seats and engaged in silent prayer. The greatest solemnity prevailed, and not a whisper was heard during the hour of worship. No people were more rapidly advancing in civilization, particularly in the prairie districts underthe jurisdiction of David Folsom, and the Yazoo district under Greenwood Le Fleur. The Indians in the two other districts under Ma-shu-la-tubbee and Ne-ta-ka-cha, had made little progress, these two chieftains being pure ChoctaAvs, uninstructed, and opposed to any innovation on the original uses. LeFleur and Folsom organized a mounted patrol, called "light horsemen," Avhose duty it was to punish all criminals and desperadoes. The constituted a sort of ambulatory jury, and first tried and then punished offenders. If a homicide had been committed the light horsemen coUectedthe testimony, and if the party was found guilty of wilful and malicious murder, they announced the verdict and appointed the time and place of execution. They never arrested the party, and he never faUed to appear. He repaired to the grave that had been already dug, knelt by the side of it, made a target on his naked breast for the executioner, was instantly shot, the grave filled up, and he was never mentioned afterwards. Sometimes the condemned would ask a respite of a fcAv days or weeks, giving as a reason that a baU play in which he was to take part, or a feast or big huht which he had promised to attend, was on hand, and he desired a few days of enjoyment before he died. He proposed the day on which he could return ; the request was always ^¦The author was often in very early life, the guest of Capt. Smith, the farmer at Elliott. He has often been the guest of worthy Choctaw citizens, Avhose wives had enjoyed these advantages, and he never saw, even in NeAV England, neater and better housekeeping. As for hospitality, he has never seen the equals ot the Choctaw and Chickasaw. So6 Mississippi, as a Province, granted, and on the designated day he never failed to appear. The rifle was invariably the instrument of execution.* For minor offences the lash was applied, t He who had been con demned to receive this punishraent never attempted to evade it. He promptly presented himself near the church dOor, where, singularly enough, this punishment was inflicted. Before the hour appointed the neighborhood assembled, where they chatted and smoked, never refering to the matter in hand. The culprit was as gay and as free as any of thera. Precisely at the raoment designated the light horsemen would appear. The crowd then went into the church, closed the door and struck up a hymn. At the same moment the culprit Avould say, "I have come, I am ready;" he would strip off his shirt, elevate his hands, and, turning his back to the light horsemen, say "proceed." He was severely scourged with a hickory SAvitch. When fifteen or twenty strokes had been given he Avould turn each side to receive the blows, uttering no Avord and manifesting no pain. When the blows ceased, the church door was opened, and the whole assembly marched out and shook hands with the sufferer, thus mani festing their appreciation of his fortitude, and the subject Avas then and there dropped forever. Deformity, dwarfs, humpbacks, Avere rarely ever seen. The men were models of manly beauty, tall, Avell developed, active, graceful, with classic features and intellectual expression, grave, dignified, de liberate and always self-possessed. The women, particularly the maidens, small, delicate, beautifully forraed, with sparkling eyes and tresses that swept the ground, droop ing their eyes before a warrior's glance, but gay, social, fascinating, their voices low and lute-Uke, and their laugh like the ripple of a brook over its pebbly bed. The tribe had great pride of race. The Avarrior's proudest boast was Chah-ta-se-a-ho-cut-ba. I am a ChoctaAv ! They Avere bitterly opposed to the sale of their country, and de clared that their chiefs, by coUusion with the United States authorities, had defrauded themof their homes, and had they not been poAverless, the agreement never would have been executed. But reading their doom in the setting sun, they silently left the graves of their kindred, and coraraenced their march for the distant west. They meditated a bloody revenge on LeFleur and Folsom, the chief factors in the sale, and would readUy have resisted the moveraent by force of arms, had their leaders not been in league Avith the Avhites. ¦¦¦¦In the winter of 1824 a party of ChoctaAvs bad been picking cotton for the planters near Eodney, and closed their labors with a frolic; of course, the men got drunk, and the Avomen, as Avas their Avont on such occasions, concealed all the Aveapons they could get hold of, to prevent bloodshed. A quarrel sprung up be tAveen two young raen. They were separated by the Avomen. Next day at noon they were seen standing witli their rities twelve feet apart. They fired at the same moment, and one fell dead. The survivor immediately seated himself on the ground, stripped off his shirt, with a piece of charcoal drcAV the outline of a heart just over his own, and chanted tlie death-song. Tlien Avith a look of defi ance, heyelled the war-whoop, and his own brother, in pursuance of the ChoctaAv code, shot him through tlie heart, and thus terminated Avhat Avould otherAvise have become a family vendetta. fThis punishment was not known until they fell, more or less under Avhite in fluence. Territory and State. 507 These tAvo chiefs were originally opposed to the sale, and for years had opposed it, and the question by their influence, and through the representations of the missionaries, had interwoven itself with the politics of the country. The Indian question becarae an absorbing issue in national politics, and the religious classes and the AVhig party generally, opposed the policy of removal, and deprecated any pressure upon the Indian. In Georgia it had brought us to the verge of civil war. Gen. Scott, Avith the array of the United States, Avas dis patched to the Cherokee country to restrain any hostile demonstration on either side, and the Cherokee chiefs carried their case before the Supreme Court of the United States and demanded an injunction to restrain the authorities of Georgia from enforcing the State laws, or ex ercising any jurisdiction in their territory, which they claimed to be a Nation. The decision of Chief-Justice Marshall demonstrated that they had little to expect from our courts. And if they ever had an in dependent nationality it appears that by the treaty of Hopewell, they had surrendered it to the United States, and conceded to it the right to regulate their affairs. President Jackson, then in the zenith of poAver and popularity, fa vored the removal of the Indians to the West, and the great tidal wave of immigration at that period towards the new lands of the south west, constituted a force that neither the Indians, nor the missionaries and phUanthropists, could resist. To increase the pressure, in 1820 an act of the Mississippi Legisla ture abolished all the tribal rights'''privileges and immunities enjoyed by the Indian within the limits of the State. Persons exerci sing the functions of chiefs, or acting under their authority, were sub ject to prosecution. Citizenship was confeired on the Indians. The laws of the State were extended over them. Justices and Constables appointed. No white person was alloAved to intrude or settle in their territory. Marriages according to their usages were recognized as vaUd. And to exercise temporary jurisdiction the territory was at tached to the adjoining counties. The constitutionality of this act was much debated. It became the leading political issue, and ambitious men made it a hobby to ride into office. Many of the religious classes became intolerant. Even some of the missionaries forgot the proprieties, and preferred denunciation to persuasion.* The country became thoroughly aroused, and it was soon seen that the submission and departure of the Indians had be come inevitable. Every effort made by indiscreet champions to blend the question Avith the Presidential and local elections injured their cause. The chiefs, Le Fleur and Folsom, had the sagacity to recog nize this. They knew, too, that the provision in the act forbidding the intrusion of the whites would be a dead letter; that the Indian district would soon swarm with speculators prospecting for land, with squatters and traders, and that their people would be swindled out of their property, involved in quarrels and litigation, and that general demoralization would ensue. The wisest of the missionaries saw this » The Eev. Dr. Tally became extremely violent and denunciatory, issuing in flammatory hand bills, and interfering with the local elections. 5o8 Mississippi, as a Province, likewise, and it was concluded that it would be best, under the cir cumstances, to submit. The great body of the Indians, however, did not concur with them. And the chiefs, Ma-chu-la-tubbee and Ne-ta- ca-cha, were violently opposed to it, and began to denounce Le Fleur and Folsom as traitors and cowards — an opinion they never afterwards wholly relinquished. Among the ChickasaAvs and Choctaws, and indeed among all the tribes, the half-bloods, from their superior intelligence and talent for accumulating property, usually obtained the ascendancy. The Col berts, for many years, virtually ruled the Chickasaws, and the Pitch- lyns, Folsom and Le Fleur controlled the Choctaws. Peter Pitchlyn was a white man, with one or more Indian wives, a man of sterling integrity, who for many years was the Interpreter for the United States. He had several sons, who were men of education and talents, but one became a desperado, killed his brother and made more than one attempt on the life of his father, but was finally shot as a measure of self-protection. Several of the Folsoras were men of high char acter. All these jjerceived the necessity of yielding to the pressure for their removal. But the full-blooded chiefs were blind and deaf to argument and appeal. Ne-ta-ca-cha was nephew of the renoAvned Push-mat-ta-ha, and like him a full-blooded Indian, of commanding mien and an in domitable spirit. Ma-shu-la-tubbee was of the pure blood, a politician more than a warrior, plausible, diplomatic, and by no means reliable. Neither of them hid any partiality for the missionaries, and adhered closely to the dress, usages and traditions of the tribe. In 1828 a general council had been convened to consider the affairs of the nation, and the overtures of the United States for the purchase of their country. The half-bred chiefs, backed by the agents and emissaries of the United States Avith lavish promises of protection, bounties, and bonuses, urged the necessity of a treaty, but the full- blooded chiefs persisted in their refusals and retired from the confer ence. The rumor soon began to circulate that the two lower chiefs and their foUoAvers, Avere coming, and meant mischief. They promptly despatched runners, from village to viUage, in their districts, and soon assembled their followers. They concentrated them at the .old CouncU House ne.ir David Folsom's residence on the Robinson road. They marched southwardly to confront the hostile chiefs. ' ' AVhen Ave had travelled sorae distance," says Mr. Folsom, "I saw Ne-ta-ca-cha and his colleague, at the head of a numerous band, all in. full war-paint. Up to this time I had hoped for peace, but noAv a conflict seemed in evitable. I kncAv that the Avar-Avhoop would be to Na-ta-ca-cha the sweetest music, and I was Avell apprized of the dark designs and revengeful disposition of his wily coUeague. Our men were chiefly mounted, Avell armed and raore nuraerous. The others Avere mostly on foot and indifferentiy armed, some of them Avith boAvs and arrows. When within a hundred and fifty yards Ne-ta-ca-cha halted. I did the same. For ten rainutes the two parties stood gazing at each other in profound silence. Then, to my surprise, Ne-ta-ca-cha advanced to- Territory and State. C09 wards us alone. AVith sIoav but firm and undaunted step he continued to advance until he reached a point just half-way between the two armies. He halted, folded his arms across his breast— looking like tiie effigy of war— and stood firm and statutesque as though moulded out of bronze. AVhat he meant, or Avhat inference was to be drawn from tills movement, I did not comprehend. But after a hasty con sultation Avith Le Fleur and a few of my principal men, I concluded to advance and meet him. AVhen I had taken a fcAv steps, I saAv his Avarriors bring their rifles^to their shoulders, and at the same time heard the chck of ray own rifles behind rae. AVith deadly aira they held their rifles upon me as I drew nearer— nearer to their chief, and I knew, and he saw, that a thousand rifles Avere levelled at him. I saAv and comprehended the crisis. I knew that the slightest altercation or token of coUision betAveeen their chief and myself, Avould make us the target for an avalanche of bullets, to be followed by a dreadful carnage and the destruction of our nation. By the time I approached within thirty steps of the chief, I resolved to offer hira my hand, in evidence of my desire for a reconciliation. If accepted, I hoped a compromise might be arrived at. If refused, I knew that in five minutes both of us would die. His countenance Avas forbidding and scowling, his lip compressed, a dark cloud resting on his brow. I extended my hand ; a smile like sunshine softened his expression, and he promptiy and warmly grasped it, Avhile each of us said Bar-ba- she-la (friends.) The Indians never cheer like the Avhite man. No acclamations were heard ; but on both sides the rifles Avere lowered. A warrior from each army advanced with some dry sticks ; a fire was buUt where Ave stood ; a council was held ; the pipe smoked, and the impending curse of civil war averted.* Le Fleur was more of a man of business than a warrior. He was not deficient in courage, for if he had been, he could have exerted no influence over the ChoctaAvs, and Avould have been deposed. But he was of nervous organization, and Avhen he and Nu-ta-ca-cha met he be trayed his emotion, and the chief exclaimed, "Why dost thou tremble? The wind don't blow." f This condition of things could not continue. The Choctaws could no longer resist the pressure of the General Government and the State Government, and they reluctantly, and against the Avill of a very large majority of the nation, consented to negotiate. A general council was held at Chook-fa-hithla — bogue, (Dancing Rabbit Creek. ) The powerful name of General Jackson, then President of the United States, was efifectually used to accomplish the treaty; the power of the State was exerted to intimidate the Indians; improper means were used to persuade, intimidate, deceive, and demoralize them. A corps of persons, familiar with their dialect, were in requisition to operate upon them. Reservations, and bounties, and other privileges, were freely promised. Even then the negotiation would have failed ; large * This is, substantially, the account of that memorable incident given by Mr. Folsom, many years ago. t This interview between Folsom and Nu-ta-ca-cha would make a grand tableau, and should be put on canvass for the Capittl of Mississippi. 510 Mississippi, as a Province, numbers of the Indians had left the ground, refusing to treat on any terms ; large numbers who remained, announced to the United States Comraissioners that they never would leave their country. The pre vailing policy Avas to make a general sAveep of the Indians to the west, but the United States Coramissioners, finding it impossible to effect this, offered to insert what is known as the 14th article of that treaty, which secured to every ChoctaAv who would signify, within six months- to the resident agent of the United States, his intention to remain, a section of land, and a portion for each of his chUdren, said reserva tion to include the place of his residence at that tirae. But for this clause, with all the influence of the chiefs in favor of a treaty, it never could have been made. More than three thousand of the Choctaws remained in the country, and at fhe appointed time applied to the agent to register their naraes. He was frequently drunk, and often absent from his post. He interposed every obstacle to registration, and finally, after registering a few, absolutely refused, declaring that he had his orders frora AVashington. The Indians were required to travel frora remote paints to his agency, with their families. They abandoned their home steads for that purpose; taking their famUies along; enduring all the severity of the weather, hunger and sickness, at last to be told that he would not Avrite down their names ! On returning to their homes, they often found them in possession of a Avhite man, Avho said he had bought it; and sadly and sorrowfully they lingered around their forraer homes, in poverty and humiliation, or wandered into the swamps in search of food, and perished from exposure and hunger. There has been a great deal of philanthropy wasted in our times, and mostly for ignoble political objects, and at the dictation of corrupt political clubs, but no evidence of its intervention to relieve these un happy people can be recorded. They suffered and they died, those noble natives of our soil, while the whole energies and capital of the religionists of the north were employed to stir up strife between the sections, calumniate their southern brethren, and lay the foundations for fratricidal war ! May the Father of Mercy forgive them ! The operation of the 14th article (which had accomplished the treaty, ) was deceptive and destructive. Many who had left the ground were in ignorance of their rights, and Avere not informed in time to make the required application to the agent. Many Avho knew the pro visions of the 14th article, would not apply because they distrusted the white man, nor could they comprehend that there was any power on earth that had a right to dispossess them of the land whereon they were born, and which they occupied and cultivated. The agent re - sided at a long distance from many of them, and the old and infirm could not present themselves. Many who went, found the agent in toxicated, in an Ul-humor, were long delayed waiting for him to become sober, and finally he peremptorily refuses to register them, and they returned, starving, penniless, despairing, to find their country swarm ing with speculators, Avho readily persuaded them to part with their rights, and wander away. This condition of things attracted public attention, and on the 25th Territory and State. ch February, 1837, the following preamble and resolutions passed both branches of the Mississippi legislature : "AVhereas, the United States did, by a certain treaty held and raade Avith the tribe of ChoctaAv Indians, residing for the time being within the limits of the State of Mississippi, to-wit : the treaty of Dancing Rabbit Creek, made and concluded on the 28th September 1830; and whereas, by the 14th article of said treaty, certain reserva tions of land were granted to such Indians as should remain on such land for five years next succeeding such treaty ; and, AVhereas, Such claimants were, by the 14th article in the treaty referred to, compelled to signify their intention of claiming under the provisio.ns of said treaty, Avithin six months after the ratification of the treaty, or forever forfeit the rights thus acquired ; and, AVhereas, It appears, from recent developments, that large claims to land have been preferred, conveying the richest and most valuable portions of the unsold ChoctaAv lands, and purported to be founded on, and growing out of, the treaty above referred to, and on a part of Avhich lands thus claimed, no ChoctaAv does noAv, or ever did, reside ¦ and, ' ' AVhereas, It is evident frora the face of the case, that these clairas are manifestly unjust in their character, oppressive in their . operation on the freemen of Mississippi, and calculated to secure no ultimate benefit to the Indians originally claiming, but in their consummation, AviU have a direct tendency to impair the confidence which the good people of this State have in the correctness of the law, and in the honesty of the administrators of our public institutions ; and. Whereas, This most iniquitous transaction avUI, if it be consum mated, not only rob Mississippi of her just and unalienable right to her five per cent, on the amount which ought to accrue from the large portion of valuable land thus reserved ; and. Whereas, This body have satisfactory evidence of the fact that a large portion of the claims to said land, under the provision of the treaty already referred to, are set up and attempted to be sustained on the testimony of Indians, who are unacquainted with the nature of an oath, and utterly regardless of the obligation thus incurred, and on the testimony of other individuals, wholly unworthy of the confidence of amoral and intelligent cornmunity; and, whereas, the permission of such abandoned and licentious profligacy would injure our coramu nity, disgrace our social and political compact, and license corruption and perjury to stalk at large through our land; now, therefore, be it resolved by the Legislature, etc. , That our Senators in Congress be instructed, and our Representatives requested, to use the raost speedy and efficient means to prevent the consummation of such of said titles as have originated in fraud, to the end that the aforesaid land may be disposed of in the regular Avay, and in accordance Avith the law in such cases made and provided. Resolved, That his Excellency, Charles Lynch, be requested, at as early a date as may be possible, to furnish our Senators and Repre sentatives in Congress with a copy of the foregoing preamble and reso- 512 Mississippi, as a Province, lutions, and with the testimony taken thereon, with a request that they lay the same before both branches of Congress. John L. Irwin, Speaker or the House of Reps. John A. Quitman, President of the Senate. CHARLES LYNCH. B. AV. Benson, Secretary of State. See House Doc, No. 202d, 24th Cong., ist Sess. This action brought about a Commission, under the authority of the United States, to investigate and adjudicate the clairas of the Indians under the 14th article of the treaty. The great body of the Choctaws, under pressure and persuasion, and speciaUy the operation of the State laAvs upon them, went to the territory assigned them in the west. They Avent under many promises and covenants Avith the Federal Government — promises of certain liberal assistance — ^covenants for protection, independence, security for their property and institutions, and for adraission into the Union, or separate nationality, at their option. AVhether these covenants have been coraplied Avlth — whether they have been treated as a kind and honest guardian treats his Avard — whether their property and institutions have been respected — Avhether the promises have been fulfilled — whether the Great Republic has evinced magnanimity and justice for a feeble people — whether, after stripping thera of their property, the integrity of their territory is not now threatened in the interest of great railroad corporations, controlled by eastern stock-jobbers, is for the country to determine. The fanatic war-cry ^'¦on to Kansas!" will soon be changed to ^'on to tiie Indian territory ! Room for the white man — Room !" AVhen the Board of Commissioners convened at Ho-pa-ka, (a long Avay off,) in Leake county, to investigate claims underthe 14th article, the United States Emigrating Agent, the late John J. McRae, (after wards Governor and United States Senator,) urged them, in very fervid terms, to enroll themselves for removal to the Avest, and renewed, in the name of the government, the lavish promises that had been made. Two days afterwards, it was announced that a grand council of the Indians would assemble, and that Col. Cobb, their chief, and one of the shrewdest men the nation has produced, had been appointed to reply to the agent of the United States. A great crowd was in attend ance ; a circle of council fires was lit up ; the pipe passed round with great solemnity, and everything Avas conducted Avith due form and stateliness. SPEECH OP COL. COBB. Head-Mingo of the Choctaws, east of the Missisippi, in reply to the Agent of the United States. Brother: We have heard your talk as from the lips of our father, the great White Chief at AVashington, and my people have called on me to speak to you. The Red man has no books, and when he wishes to make known his vicAvs, like his fathers before him, he speaks it from Territory and State. ri^ his mouth. He is afraid of writing. When he speaks, he knows what he says ; the Great Spirit hears him. Writing is the invention of the pale faces ; it gives birth to error and to feuds. The Great Spirit talks — we hear him in the thunder — in the rushing Avinds and the mighty Avaters — but he never writes. _ Brother: AVhen you Avere young Ave were strong ; Ave fought by your side; but our arms are now broken. You have groAvn large. My people have become small. Brot/ier: My voice is Aveak; you can scarcely hear me ; it is not the shout of a warrior, but the waU of an infant. I have lost it in mourn ing over the misfortunes of my people. These are their graves, and in those aged pines you hear the ghosts of the departed. Their ashes are here, and Ave have been left to protect them. Our warriors are nearly all gone to the far country west ; but here are our dead. ShaU Ave go, too, and give their bones to the wolves? BrotJier: Tavo sleeps have passed since we heard your talk. We have thought upon it. You ask us to leave our country, and tell us it is our Father's Avish. AVe Avould not desire to displease our Father. AVe respect him, and you his child. But the ChoctaAv ahvays thinks. AVe want ti7ne to answer. Brother : Our hearts are full. Twelve winters ago our chiefs sold our country. Every warrior that you see here was opposed to the treaty. If the dead could have been counted, it would never have been made ; but alas ! though they stood around, they could not be seen nor heard. Their tears came in the rain-drops and their voices in the Availing Avind, but the pale faces knew it not, and our land was taken away. Brother: AVe do not now complain. The ChoctaAv suffers, but he never weeps. You have the strong arm and Ave cannot resist. But the pale-face worships the Great Spirit. So does the Red man. The Great Spirit loves truth. When you took our country, you promised us land. There is your promise in the book. TAvelve times have the trees dropped their leaves, and yet we have received no land. Our houses have been taken from us. The white man's plough turns up the bones of our fathers. We dare not kindle our fires; and yet you said we might remain and you would give us land. Brother : Is this truth ? But we believe noAV that our Great Father knows our condition — he will listen to us. We are as mourning orphans in our country; but our Father will take us by the hand. When he fulfills his promise, we avUI answer his talk. He means weU. We know it. But we cannot think now. Grief has made chUdren of us. When our business is settied we shall be men again, ahd talk to our Great Father about what he has proposed. Brother: You stand in the moccasins of a great Chief; you speak the words of a mighty nation, and your talk was long. My people are small ; their shadow scarcely reaches to your knee ; they are scat tered and gone ; when I shout I hear my voice in the depths of the woods, but no answering shout comes back. My words, therefore, 33 514 Mississippi, as a Province, are feAv. I have nothing more to say, but to tell what I liave said to the tall Chief of the pale faces, whose brother* stands by your side. The celebrated chief, Puk-sha-nubbee, was famous as a Avarrior and as an orator. In his life time his influence, though circumscribed for mally by district lines, was suprerae over the nation. Even the Six Towns, Okla-hum-na-le, near Avhere GarlandsviUe, in Jasper county, now stands, — the most Avarlike, rebelUous and incorrigible part of the nation ever since the time of their famous chief. Red Shoes — never disputed the counsel of Puk-sha-nubbee. On his demise, Pushmattaha rose to poAver. He Avas a self-made man, of obscure famUy, who first becarae faraous as a successful hun ter. It Avas then the custom of the Choctaws to go in squads or in parties, to the hunting grounds on the Ouachitta, Red river and Ar kansas, Avhere they often carae in collision with the hunters of 'other tribes. In these expeditions Pushmattaha acquired great renown, bringing home Avith him raore scalps than any other Avarrior. In a foray against the Creeks he Avas eminently successful, and thus he rose to the highest place in his district, in spite of his poverty. He Avas a man of imposing presence, Avith a sonorous voice and a graceful ges ture. He was a proud plebian, who boasted no patrician ancestry. When asked about his parentage by an agent of the United States, he haughtily answered, "Pushmattaha has no father and no mother. The lightning struck a big oak tree and Pushraattaha leaped out of it a warrior just as he noAv stands."' How he joined Gen. Claiborne in his carapaign against the Creeks, in 1813, and with Avhat vigor and fidelity he served, has been referred to in the preceding pages, and is detailed in the Life of Gen. Dale. While on this service, the chief, for sorae rudeness, struck a soldier Avith his SAvord. The General pointed out to hira the impropriety of the act, and inquired his reasons for such violence. He explained the indignity and said : "Being only a private I struck him with the flat of my SAVord, but had it been you. General, I should have used the edge." The chief, like many other great men, had a weakness for liquor, and indulged too frequently. On one occasion he saw a soldier tied to a post. Inquiring the cause he Avas told that the man had appear ed in the ranks intoxicated. ' 'Is that all ?" said Pushmattaha, and he immediately untied the prisoner, remarking very coolly, "many great warriors get drunk." He had two Avives, and his defense of polygamy Avas about the best that has been raade. Every Avoman is entitled to a husband. No madic tribes, like the ChoctaAvs, are subject to frequent Avars, and lose raany of their males, and the females predominate. Therefore, if men are only aUowed one Avife many women Avould go Avithout hus bands, and their proscriptive right would be annulled. In 1824, with a delegation of his people he visited Washington. LaFayette Avas then the guest of the Republic. The Choctaws Availed upon him, and Pushmattaha delivered an address rarely surpassed in pathos and grandeur. The venerable Frenchman, and all avIio heard it, Avere deeply impressed. * The Hon William Tyler, of Viginia, brother of the President of the United States recently appointed one of the Choctaw Commissioners. Greenwood LeFleur. Territory and State. 515 This was his last speech. The voice of his father was then calling him to the spirit land. His parting Avords to LaFayette were : "We heard of you in our distant viUages. We longed to see you. We have come. AVe have taken you by the hand. For the last tirae we look on the face of the great warrior Avhose fathers Avere the friends ¦of our fathers. We go. 'Tis the last tirae Ave shall meet. AVe shall both soon be in the land of shadows." In a fcAv days he was seized with pneumonia Avhich speedily ran its course. When he felt that his end Avas near, he had himself arrayed in his uniform of an American general, with his ornaments and his Avar paint. Gen. Jackson caUed frequentiy to see him, and asked his last wishes. " When I am dead, fire the big guns over me," were the last words of Pushmattaha. He Avas buried, Avith military honors, in the Congressional grave yard, where his tomb may yet be seen. Green Avood LeFleur, born in 1800, was the son of Louis LeFleur, a Canadian Frenchman, (who has been referred to in the early chapters of this Avork,) and a ChoctaAv woman. His father, in a long life of industry and integrity, had amassed a handsome fortune. He kept a noted house of entertainment for travelers, in the nation, on the road between Natchez and Nashville, and he was persuaded by some of these to send his son to Nashville for his education. He returned home in 181 7, and it was soon perceived that he was no ordinary man. He had fathomed the nature of both the Avhite man and the Indian, and Avas able to cope with either. He Avas shrcAvd and penetrating, social, yet sufficiently reserved, ambitious as Lucifer, yet guarded in the expression of it, an earnest advocate of reform and education, and giving his zealous support to the missionaries. In 1824, underthe democratic influences outside and around them, the warriors of his district, for the first tirae, chose a chief by popular election, and he was elected. Four years thereafter, he was re-elected, and his influence was greater than any other of the chiefs, and Avas felt throughout the nation. He accomphshed many reforms. He in duced many to send their children to school. He established regular meetings of the councU for the adoption of laws to support teachers^ to put down witchcraft and sorcery — to secure to every homicide a fair trial, the Indian custom being life for Ufe, Avhether the homicide "was accidental or maUcious ; to prevent infanticide, this sometimes being done in the case of iUegitimate births ; to encourage marriage, perma nent residence, and cultivation of the soil, and religious instruction ; to abolish the raising of poles over the dead, and adopt the usual style of christian sepulture. And to prevent the introduction and sale of liquor, under the penalty of a severe whipping. His own brother-in- law was the first to incur this penalty, and it was inflicted without mercy, under the immediate supervision of the chief This, substantiaUy, put an end to the traffic, and had he been in power, this stern reformer would have reclaimed his nation and pushed it rapidly on to civUization, with probably a greater exemption from vice than some of the adjoining States. The treaty, however, stripped 5i6 Misissisppi, as a Province, him of power. The great majority of his people removed, but he elected to remain on the large reserve secured to him by the treaty. He was an extensive slave-holder, a merchant, and a successful plan ter. He built a palatial residence, entertained with great hospitality and elegance, and the people of his county (Carroll) elected him to the Senate of the State. The State has perpetuated his memory by giving his name to one of its best counties. notes from my journal as united states commissioner. Mourning. ^ — When a Choctaw husband dies the wife lays aside her jewelry or ornaments, and suffers her hair to fall dishevelled over her shoulders. Some six months after the cry for the dead is over the husband's mother (or if she be dead, his nearest female relative) ties up and dresses the widoAv's hair, and she is then at liberty to marry again. If she marries prior to this ceremony, or dances or flirts, she is discarded by the famUy of the deceased. Courtship. — Bah-na-tubbe, an intelligent fellow, in the course of his examination, stated that it was usual for the woman, especially Avidows, to give "the first banter," viz: first advances. This is usually done at night, in the dance, by squeezing the hand or treading gently on the foot of the favored warrior. Perhaps this may be-lrather a ne cessity than a freedom ; because if a man should take these liberties with a squaw she Avould immediately resent it by attacking him with a stick, and every squaw present would assist her. Witness had seen twenty squaws thus beating a too ardent lover. These "banters" are often given by old women, invariably to very young men. Old women usually select a lazy fellow, who takes her for her house and her ponies. Witness had, when onl)' eighteen, been taken by a Avoraan of fifty, but he soon left her for a very young girl. AVhen the "ban ter" is mutually agreeable the parties quietly slip out of the crowd, and Avhen they re-appear are considered man and wife. Courtship and marriage, however, are soraetiraes raore formal. A young warrior who is in love appUes to the maternal uncle — never to father or mother — and they agree on the price, which is paid to the uncle. On a certain day the groom and his relatives appear at an appointed place, dressed in their best, where they loiter till noon. The bride then leaves the lodge of her parents, and the friends on both sides gather about her. She Avatches an opportunity and files to the adjacent woods, her attendants hovering around to cover her re treat. She is pursued by the female relatives of the groom. If she is anxious for the match, it is not difficult to overtake her. But if she dislikes it, she runs untU she falls exhausted, and sometimes escapes, and wanders aAvay to a remote viUage, Avhere she is adopted and can not be reclaimed. If the fugitive is overtaken, she is brought back araong the groomsman's friends, but he has disappeared. She sits down, and the friends on both sides throw some little present in her lap. Each feraale relative ties a ribbon or some beads in her hair, and then the provisions brought by friends are divided araong the company to be taken to their respective homes. The bride is then conducted to a littie lodge adjoining her parents, and late at night her lover finds Territory and State. 517 his way to her arms. In the morning they have disappeared, and the faAvn of the Avoods must be sought in the camp of her husband. Divorce. — The marriage endures only during the affection or incli nation of the parties, and either may dissolve it at pleasure. This, of course, very often occurs, in Avhich case the children foUoAv the mother; the father has no control over them whatever. Offspring. — ChUdren are never named after their parents, but take their names from some incident at the moment of their birth. In all that concerns the child, the oldest maternal uncle, or if he is dead, the nearest male relative in that line is consulted. Instances frequently came before the Commissioners, where a wife, though living happily with her husband, was induced by the maternal uncle to take her chil dren and go west after "leaving him," as one of them expressed it, "Avithout cook, child or comrade." Generally the wife is very submissive. We met with but one case of a hen-pecked husband. In that case, it was shown that the wife packed up all the movables, took all the horses, and moved away some sixty miles. He followed after awhile. "She was," said the witness, "master of the camp, and he was the squaw." It is the right of the wife, Avhen a separation takes place, to take all the children to aid her to live, and even after her death her relatives have a claim to them paramount to the father. The Dead. — Their devoted love of country may be traced to their traditions and customs. No people cherished more reverence for the dead. If a member of a family died from home, no matter how far, it was the ancient usage to carry his body back ; or if that was imprac ticable, his ashes or his bones. To prove that a man had been buried in or adjacent to the house that he occupied, was considered conclu sive proof of occupancy and domicile; a custom that prevailed so long and universally in the tribe, the Commissioners adopted it in their adjudications. Funeral Ceremonies. — It was formerly the custom to deposit the corpse upon a scaffold; weU protected from intrusion, under which a small bark fire was kept. It there lay until decomposition super vened, when a set of men caUed Iksa-nom-buUa, or the Bone-pickers of the Ik-sa, or clan, were sent for, whose duty it was to strip the bones of the remaining integuments. They were an exclusive order of itin erants, with something of the sacerdotal character, and these last cere monies could only be performed by thera. They were painted and tattooed in a peculiar style, and wore their finger-nails like talons, to enable them to perform these revolting rites. The bones Avere then placed in a deep basket and interred in their cabins or camps. The widow and children set around the grave twice every day for three months, and weep, chanting a melancholy dirge. Some six months afterward his relatives and friends are invited to lament. They shroud tiiemselves in a blanket and cry. These guests aU bring a contribution of provisions, and after the cry, they have a feast, and sometimes a dance, or a ball play, but the immediate famUy of the deceased take no part in the festivities. This cry is regarded as the most solemn of ¦obligations, never to be omitted when possible to be performed. To 5i8 Mississippi, as a Province, illustrate it, I abridge from my journal now on file in the office of Indian Affairs, at Washington : "No. 72. — Towah, full-blooded Choctaw, supposed to be seventy years of age, presented her claim. An-na-le-ta deposed that at date of treaty claimant occupied, with her family, three cabins ; had a good corn-field ; their land was yock-a-na-chic-a-ma (good land); some time thereafter a white man named Wilkinson, ordered her off, saying that he had bought the land. Claimant had just lost a daughter, and she first remonstrated, and then begged that she might stay until she cried over the grave. Wilkinson angrUy refused. Witness knew a friendly white man named Johnson. He, the witness, went to him, and he wrote to Wilkinson to let them stay till the cry was over. He con sented, and when they had cried they all moved about a mile off, and built a cha-pa-chook-cha (bark house,) Avhere they have resided ever since, not wishing to go too far from the dead. In very ancient times, a spacious temple, called Tusk-a-chook-a, or the House of the Warriors, stood on the verge of the Kush-tush, the largest and oldest settiement in the nation, long since deserted. This temple was in the custody of an order of priests, called Oon-ka-la. When a great warrior's bones had been prepared for burial by the Jk- sa-nom-bulla, they sent for the Oon-ka-la, and even from the most re mote vUlage they Avere taken to the temple. The Oon-ka-la preceded, chanting a soleran hyran in an unknown tongue, and the relatives and clansmen foUowed Avith loud lamentations. Arriving at the temple, the priests purified theraselves with lustrations, and adrainistered to the mourners a beverage called the white drink. No bystander was aUowed to enter the temple. The priests, holding wands in their hands, passed slowly round it three times, muttering incantations, and then they took the bones within the sacred edifice, singing a hymn in a language un known to the spectators. This Avas the practice from remote times, until the French and English traders entered their territory, when the Great Temple Avas struck by lightning and consumed. This created great alarm throughout the nation ; the temple Avas never re-built, and the city of Kush-osh-ah gradually mouldered away.* After this, they began to deposit their dead in the earth. The face of a AVarrior was painted red and black, the war colors, and his arms and ornaments placed in the grave, that he might be able to resist his enemies or kiU his garae in the distant shadowy hunting grounds to Avhich he Avas sup posed to have gone. Origin of the Choctaws. — The traditions of the tribe were in tended to foster strong local attachraents. They clairaed to come, originaUy, frora the west. A portion of their people they left behind them. They traveled (iio-pah-iid) a long Avay, encouraged by their Oon-iza-la. These priests marched in the centre, bearing a sacred book Avrapped in skins. From this book they sung in an unknown tongue, Avhenever the Avanderers became despondent or discontented. They encountered no other people on the route, and passed over a desolate country. A dreadful epidemic broke out among them, and aU the priests died but the bearer of the book. They burned their dead, and ¦* It is uncertain whether this ancient capital Avas in Neshoba or Kemper county. Territory and State. ejo bore along with them part of the ashes. At a certain point on their journey, near a great nver (called by tiie Indians Mec-a-sJie-ba by the French, Mississippi,^ owing to the frightful mortality, the tribe separ ated. A portion inclined northward, and took the name of Chickasa after the great Avarrior who led them. The main body traveled nearly due south, until they came to the Stooping Hill, Nane-wy-yah, noAv in the county of AVinston, Mississippi, on the head waters of Peari river.* There they encamped, and stiU continued to die. FinaUy, all per ished but the book-bearer. He could not die. The Nane-wy-yah opened and he entered it and disappeared. After the lapse of many years, the Great Spirit created four infants, two of each sex, out of the ashes of the dead, at the foot of Nane-wy-yah. f hey were suckled by a panther. AVhen they grew strong and were ready to depart, the book-bearer presented himself, and gave them bows and arroAvs and an earthen pot, and stretching his arms, said, ' 'I give you these hunt ing grounds for your homes. When you leave them you die." With these words he stamped his foot— the Nane-wy-yah opened, and hold ing the book above his head, he disappeared forever. The four then separated, Iavo going to the left and tAvo to the right, thus constituting the two Ik-sa's or clans, into which the ChoctaAvs are divided. All the very aged Choctaws, on being interrogated as to where they Avere born, insisted that they came out of Nane-wy-yah. One old fellow, who was so dirty it was thought he might be assessed for real estate, swore that he came out of the hiU just one thousand years ago, and had never been able to shake the dirt off his back ! It is not surprising that a people having this notion/of their origin — created, as it Avere, out of the very dust of their fathers — parcel of the soil they occupied — under the injunction of a mysterious guardian never to leave it, should be devoted to their country, and anxious to die in its embraces. No mention of the dead. — A singular fact Avas established before the commissioners: the ChoctaAvs will not speak of the dead. Our in structions required us to exact proof of the number of children each claimant under the 14th article, had at the date of the treaty, because each was entitled to a certain portion of land. Upon being interro gated the claimants uniformly omitted in the enumeration those that were dead, although Avell aware that by this omission they would lose a portion of land. Very old claimants would even deny that they "*" It is doubtful Avhether this should be rendered Stooping Hill or "Winding HilL It is on the head Avaters of Pearl river, and not far from the geographical centre of the State. From inforraation derived from Mr. James "Welsh and Dr. S. P. Nash, of Neshoba county, the mound is described as some fifty feet high, cover ing about three-quarters of an acre, the apex level, with an area of about J4 of an acre. On tbe north side of the mound are the remains of a circular earth work or embankment, that must have been constructed for defensive objects. Many of the Choctaws exarained by the Commissioners, regard this mound as the mother, or birth-place of the tribe, and more than one claimant declared that he would not quit the country as long as the Nan-a-wy-yah remained. It Avas his mother, and he could not leave her. It was this same feeling of devotion to their mother land that inspired so many of our Mississippians Avho were opposed to secession, to adhere to their State, to suffer and to die for it, or to sacrifice for it all their possessions, in the late un happy war. 520 Mississippi, as a Province, ever had raore children than they presented to the comraissioners, and the facts had to be proved by kindred or neighbors. To arrive at the truth in these cases, avc reqitired thera to arrange their famUies in a line according to their ages. They uniformly left a vacancy in the line to denote Avhere the deceased would have stood ; and this estab lished, not only the number but the age. Thus, if the second child be dead an interval of sorae three feet Avas left betAveen the first and the third child. Sometimes they planted stakes along the line to rep resent the dead, but could not be induced to mention their names. PoLYG.\MY. — This Avas tolerated by the Choctaws, but not universal. When a man had two Avives, and died, each wife claimed to be the heads of separate families. They always occupied separate cabins, and generaUy ten or more miles apart. No instance came before us where a man had two wives in the same house, or even in the same yard or enclosure, unless they Avere sisters, and then they soraetiraes lived in the sarae yard, but in different houses. An amusing instance came before the coramissioners. I-og-la pre sented her claim. The witness, Hi-a-ka, deposed that at the time of the treaty claimant Avas one of the wives of Tusk-a ma-ha, Avho had emigrated west. He had many wives. He made the circuit among them regularly, and thus passed his time. He neither hunted nor worked. He had ten wives, scattered round the country, fifteen or twenty miles apart, and he had his regular stands, going from one to the other, being Avell fed, and a favorite with all of them. He was a felloAV of medium height, about five feet, seven, Avell built, very muscu lar and active, lazy and fond of eating and drinking. He provided his own clothing — nothing more. He made his home at the house of Ho-pia-ske-tena, (Little Leader,) at the old tOAvn of Yocka-no-chick- araa. Two years before the treaty he married claimant, but only visited her about Iavo days in every month ; her house was one of the stands on his circuit ; he never worked for her or contributed to her support; it was his custom to spend some time with every AVOman when he first took her, but the novelty soon wore off, and he went his usual round. Claimant had a house before she married this man ; he finished it for her ; he had several wives before he raet her, and took several afterAvards. He threw none of thera away. AVitness never heard any coraplaint on the part of his wives of neglect on his part. But when he eraigrated, he left thera all." Peculiarities. — Wra. Cobb, an inteUigent half-breed, declared that he never kncAv the name of his mother, though living under the same roof with her till two years ago. Children are never caUed after their parents, but usuaUy from some incident shortly after birth. The Choctaw Avomen are exceedingly raodest and usuaUy droop their eyes in conversation. The young girls, Avhen brouglil into court, covered their heads. When Col. Cobb was asked by the commissioners, how many of his Avarriors he could count, he looked very sad, and said, "We can not count our Avarriors now; they are scattered and gone." Being interrogated as to a particular fact, he replied, "I do not know, and red man does not like to guess." Territory and State. 521 Further on he said, "AVTien I think a question is right I avUI answer it. When I think it is Avrong, I avUI not." It is the custom among the Choctaws when a daughter marries, and is deserted by her husband, or by his bad treatment is compelled to leave him, she returns to her father and her children are adopted as his own, and share alike Avith the rest. When a witness Avas asked if he had ever been SAvorn: "Yes," said he, "I have smelt the book tAvice." , Marriages take place early; seduction before marriage very rare; adultery more common ; divorces frequent. Pah-lubbee married his step-daughter; he Avas greatiy censured. They never marry into their' own Ik-sas or clans. The patience of the Avitnesses was Avonderful. The Avinter was very bleak — snoAv and sleet and cold rains. They Avere in rude bark camps, scantily fed, and badly clothed, yet day after day, and week after Aveek, they waited, without fee, to prove up the claim of a neigh bor or of some orphan whose parents had been long dead. Case 160. Ho-yubbee, a cripple, the only one we have seen, on being asked his agd, says he is 800. He is perhaps 70. His Avife, who is at least 60, declares she is only 15. AVe had one claimant only Avho was blind (in one eye only) and one who was hard of hearing. No IDEA OF AGE. — Case 362, He-na-no-yah, says he is six years old, but on being questioned corrects himself, reflects, and says he is 71. He is apparently upwards of 80. Love of country. — They have always manifested a strong attach ment for the soil. It is clearly established that Avhen the last treaty (Dancing Rabbit Creek), Avas made, tAvo-thirds of the nation were opposed to it, and left t"he place in disgust. It was finaUy made through the influence of the chief of the Yazoo district. Greenwood LeFleur, Itta-oke-chunka or Greenwood, sometimes called Oke-suk- uppa or Oke-chunka, the tough hickory. To Avring them into a treaty and compel them to remove, the legis lature of Mississsippi, in 1829, with but one dissenting voice, passed a bill abolishing their tribal character and distinctions, attaching to the adjacent counties the Avhole Choctaw territory and extending over it the laws of the State. Notwithstanding this law and the annoyances to which it subjected them, an immense majority opposed the surren der of their lands. After the treaty had been made by the insertion of the 14th article, which permitted as many as chose to avail themselves of its liberal provisions, to remain in the country, government exerted aU its power to induce them to emigrate. The agent, Avhose biisiness it was to register the names of those desirous of continuing in the country, after a certain time refused to act, having received instruc tions to that effect from AVashington, as he declared to the applicants. He held out every inducement to them to go west— subsistence on the road — transportation — compensation for their chattels; supplies and annuities; but they persisted in their demand for land, under the 14th article, which he rejected, and drove them from the agency. The chiefs, and the white men and half breeds residing in the nation, prompted by government or satisfied that emigration had now becorae 522 Mississippi, as a Province, a necessity, exerted their influence in vain. The agents of the AVar Department and the state authorities co-operated for the same purpose: The chiefs, the captains, the half-breeds, the men of wealth, all went, but five thousand of the pure blood, though thus deserted by their counsellors and leaders, and even by their missionaries, resolved to bury their bones with the ashes of their ancestors. Mr. Grant Lincacum, a respectable citizen of LoAvndes county, fa miliar Avith the Choctaw tongue, deposed that in 1832, he passed through a portion of the ChoctaAv country, in Mississippi, directly in the wake of an officer sent there by the Secretary of 'War. That gen tleman, finding he could not persua^de the Indians to move, had men aced them with a forcible dispossession, and declared that a body of soldiers Avould soon be upon them. Under this threat their homesteads Avere immediately deserted ; even the women and children had fied to the swamps, and camped — determined to die there. For tAvelve years they thus continued; subject to laws they could neither read nor com prehend — annoyed Avith suits for misdemeanors of Avhich they Avere unconscious — within the sound of Sabbath bells, but beyond the pale of religious effort — growing poorer every day by contact with a shreAvder race — looked doAvn upon as too inferior for intermarriage or social in tercourse ; uneducated ; unadvised ; their claims unsettled ; disregarded by the federal governraent, and obnoxious to the State authorities ; natives of the soil, but regarded as intruders by a ncAv people who carae pouring into the territory once all their OAvn, and which they never consented to sell ; circumscribed by the Avhites, and occupying the most barren and secluded spots, their houses and farms having been seized and occupied; the forest now traversed by the Avhite hunter and his dogs, affording them but a precarious subsistence ; con stantly hearing of the prosperity of their brethren Avho had emigrated and exhorted to go and share their affluence and their annuities. Yet, in the face of all this, five thousand Choctaws refused to leave the soil that gave them birth. The policy of iraraigration pursued by our government since its first inauguration, has probably been Avise, and perhaps, in the end, may be better for the Indians. But it has very harsh features ; has sorae tiraes been attended with great oppression ; and often very solemn stipu lations have been wholly disregarded. But Avithout going into this question it is impossible not to love a people who exhibited such attachment to their native land. This is the foundation of all patriotism. The most heroic actions in history spring from this source. In the South it should be cultivated and im pressed on our children ; the first lesson and the last, in every house hold, should be "God and our native soil." Stature and Age. — Of fifty-nine men, all but two, full-blooded Indians, the average age Avas 485^ years ; average height 5 feet 6 in ches. Of these 59, the oldest Avas 100 years, Iavo 80, and 75, one 70, one 62, five do. The two tallest men Avere 5 feet 10^^'. The shortest Avere five of 5 feet 22/3, and Iavo 5 feet. Of 47 women, all but tAvo full-blooded Indians, the average age Avas 58^ years; average height, 5 feet i inch. Of these one Avas Territory and State. 523 adjudged to be 95 ; three 90; two 85 ; five 80; one 75 ; five 70; six from 50 to 68 ; ten between 60 and 55. The taUest woman was 5 ft. 6, and the shortest 4 ft. 7J^. Adoption. — The custom of adopting relatives or orphan chUdren is "very common. Even married people, who have chUdren, occa sionally adopt one or more. They take an equal part with the other heirs, and are sometimes even allotted the best share. Jewelry. — From the earliest times, they had skiUful workers in metals. They made annual hunts or war-raids west of the Mississippi, in small parties, among the Caddo's and other tribes that traded with the Spaniards in Mexico, and brought back silver in bars. This was fashioned into armlets, nose and ear-rings, broaches and other ornaments, which both sexes took pride in displaying. Superstitions — An Unbeliever. — They were very superstitious ; believe in witches, conjurers and apparitions, and are afraid to travel by themselves at night. All that we examined believed in a Supreme Being, and in the imraortality of the soul, and in the solemnity of an oath, one claimant only excepted Ah-hi-a-chubbee, or Find-him- and-kUl, a full-blooded Choctaw, and the only one we saw with a dimple on his chin. He had no idea of a Good Spirit or of the obligations of an oath. No idea of Evil Spirits, or of a future life. Declares he knows nothing of such things, and does not wish to know ; that he is a warrior Avho goes his own way, and will go no other way. Of course, this clairaant Avas not SAVorn, but we re ceived his declaration of his case. On being interrogated, he de clared that the statement Avas true in aU particulars. "A man," said he, "who wUl lie is not fit to associate Avith warriors, but should be compelled to keep company with squaAvs." Several witnesses confirmed his statement, and moreover, swore that he was a singularly upright man, and had never been known to tell a lie. This man had no sign of the organ of veneration, which among the Choctaws, is usually well developed. Mr. H. B. Cushman, speaking of the superstitions of the Choctaws, relates an amusing incident that occurred when the Missionaries first settled at Mayhew : " Their corn crops were often materially injured when in the mUk, by worms, which sometimes devoured a third part of every ear. They believed that these ravages could be prevented by gathering and burn ing a number of worms in every patch of corn, but to be effective the worms must be collected and burnt by a pair of twin boys. This con dition was found impossible, until it was ascertained that the tAvo littie sons of Rev. Dr. Cushman were twins. "One bright morning in June," says Mr. Cushraan, "a band of warriors rode up, stated the case to my father, and requested the loan of his boys. My father, knowing that it was not the time to ridicule or reason with them, gave his consent, mother raore reluctantiy, and we were each (then about seven years old) placed before a mounted warrior, and carried to the viUage. We found it in great excitement. The wonderful twins of the good and wise pale-face had come to save their crops, by the gifts the Great Spirit had given them. 524 Mississippi, as a Province, "We were greatiy admired and caressed, and every littie dainty in the village was spread before us. They then handed to one of us a small frying-pan, and the other a brand of fire, and we were con ducted to the field and told how to capture the enemy, and how to dispose of him. We then entered the premises alone, and for two hours carried on the war, in various parts of the field, seizing the worms and burning them in the pan. The smoke, the odor, and our childish shouts gave token of victory, and a Avarrior was sent to escort us to the village. Again the whole population crowded around, to thank and praise us, and we were feasted on tom-ful-la, honey, venison, and nuts. After the feast, we were escorted to the next village, where the war was reneAved, with the same demonstrations, and by sun-down we were carried home in triumph, the warriors from both villages forming our escort. We were ever afterwards special pets and favorites of the Choctaws." The primitive Choctaws believed that the eclipse of the sun was caused by black squirrels who had attacked and were devouring it, and that unless frightened away, the world would be left in darkness. Hence a general clamor was made. The women and chUdren scream ed and beat their pans and kettles. The warriors seized their rifles — took deliberate aim, and as long as amraunition lasted, continued to fire at the sun. The dogs (always nuraerous among the Indians,) seemed to apprehend the common danger, and howled in concert. Through the entire nation, this tumult was heard, and continued until the eclipse passed away, or as they said, the squirrels had been fright ened off. Names. — The Choctaws, I have been^old, have no profane words in their language, though they have obscene epithets in abundance. The letter R is not known to them. They have no words that remind one of other tongues. Allah, has come. Alla-luali, the name of a creek. I-o-mah, the name of a Avoman. E-a-pol-lo, the narae of a man. Hong-kio, a woman's name. Eve or Eva, frequentiy occurs as a component: thus 0-co-siio-eva-ca-a-a, a woman's name. No-ah, the walker, is a common name. Yimma, Faith, sounds like the Arabic. Their names, both of persons and things, are as full of music as the ancient Greek. Thus Ave have : Ish-pah-na, or the Spaniard. Pis-took-sha, or the drummer. Te-ah-nin-tubbee, or kill both. Lo-mah-ka, or the hiding robber. Me-o-chi-yah, or the traveller. Al-bin-tah, or he who acts a second time. Mon-tah or mon-tubbee, or universal killer. I-a-min-tah, or double killer. Ah-ta-hubbee, or he who killed last. Nok-e-ohickama, or the good arroAV. Wa-tubbee, or ofl-hand killer. Pah-ha-cho, or Prophet finder. Territory and State. 525 Tus-ca-nola, or the warrior's messenger. Ta-ha-kah, or the lost creditor. Ta-fa-mah, the man that meets. Can-na-cha, the trickster. Pah-na, the spoiler. Ah-pok-a-na-tubbee, the Great Hunter. Fa-nubbee, the man that kills. Pis-sah-ho-ke-a-tubbee, he sees and kills. To-bin-cha, the sunbeam. Bola, the traitor. Ah-hi-o-chubbee, find him aud kill. Tus-ka-homo, Eed warrior. Il-le-hi-ah, Death messenger. Nok-a-wa-lubbee, the bullet that flies and kills. Pah-sho-nah, the scalp bearer. Tal-o-wah, the songster. E-ah-ho-nah, the blush. , Hush-a-luah, the burning sun. Oka-ho-la, beloved water. Iksa-nam-boola, bone picker of the clan. A-mo-te-ah, gone to gather. Che-mi-ola, womens' names. An-no-la, womens' names. Lah-la, womens' names. Na-Ava-to-nah, womens' names. Pi-o-to-nah, womens' names. 0-na-ho-ka, dawn of day. Na-shoba, a wolf. jS"a-sho-ba-a-busha, when the wolf Avas killed. Tim-bo-lingo, close by. Ho-pah-ka, far off. Hit-o-chah-nok-a-bee, crooked ball ground. Al-la-luah, name of a creek. Pot-toh-lok-a-na, name of a creek. Sub-oon-te-la-tusk-a, a light horseman. Sha-ko-loke-o-kah-hick-ki-a-bogue, cypress standing in the water creek. Lune-lu-osh-ah, Burnt Frog, name of a Choctaw town which stood where Philadelphia, the county seat of Neshoba (wolf) now stands. Kersh-osh-ah, fleas there. E-ah-osh-wah, the deserted or departed people, new called Yazoo Old Town. E-mo-gal-ush-ah, the house or home of our people, called now, Mugalusby Old Fields. Sar-pah-chitto, Big field, now Dixon P. O. Cof-fa-ta-liah, persimmons plenty. Su-nook-a-hab, plenty of sand or sand town. Hot-che-ah, now Pearl river. Bogue-chitto, big creek. Talla-hic-yah, standing rock. Nok-chee-fane-tub, from a shrub, so-called, that grows on its bank. Coa-ho-ma, Eed tiger. Opa-ha, Owl creek. Co-po-lah, water so cold it bites. Funna-yok-a-nah, Squirrel creek. Coon-shuck, Eed brake. Ken-to-ka, beaver there. Pe-osh-a, to stay at one place, a stream with little current. Tal-a-osh-ah, no metal there. 526 Mississippi, as a Province, Territory and State. Ne-ta-ka-cha, pronounced hs if written Ne-tar-ka-cha, accent on penult. Ma-shu-le-tubbe, pronounced Jfar-shu-la-tub-be, last syllable strongly ac cented. Push-ma-ta-ha, as though Avritten Push-mar-ta-Aar, strong accent on har. Oka-tib-he-ha, pronounced Okar-tih-he-h/ir. Sta-heen-ka, pronounced Star-heen-kar. Nus-si-che-a, pronounced iVoos-se-che-ar. Shuh-ha-tan-cha, pronounced Shook-nar-tarn-cha. Nox-u-bee, contraction of Oka-naka-shua, pronounced Okar-narke-shuar. It-ta-tam-big-ba, pronounced It-ta-tarm-big-ba. Ne-sho-ba, contraction of Na-shu-ba, pronounced with accent on penult. Choctaw, originally Chacta, pronounced Chark-tar. The accent is invariably emphatic, and generally on the last syllable. APPENDIX, NATCHEZ IN THE OLDEN TIMES.* IGHTY-TPIEEE years have I spent in Natchez and its vicin ity. Of the companions of my boyhood all have passed away and the hopes of my youth have turned to memories of the past. The evening shades of my life are lengthening towards the east and soon the sunset will come. I Avas born at Kas- ;^J5>^ kaskie, Illinois, on Christmas day, 1787, and on Christmas day, f\^ 178S, my father landed with his family in Natchez. At that time " there were hut two or three houses on the hill, the whole toAvn being under the hill, which was then quite an extensive tract. Below, where is noAV the ferry landing, there Avas quite an extensive and heavy battery, known as "the King's Works," and just above, there was a quarter race track extending from the bluff towards the river. There was a Spanish garrison in the fort, a little below the present residence of Stephen Eumble, and the house of the Governor was about where that of Dr. Harper now stands. When the town begun to be built on the hill, the Spaniards settled in this part, and other persons generally built east of the pre.snt Commerce street. These being mostly Irish, this part of the town was called Irish town, whilst the other part was known as Spanish town. The Governor was Don Manuel Gayoso de Lemos, an intelligent and liberal man, educated iu England, at AVestminster, and speaking English as fluently as a native. The mild, pa ternal rule of the good Governor makes an old man revert Avith pleasure to the scenes of his youth, and even at times to regret the change of government. . The Catholic religion was the only one publicly tolerated in the country. The priests exercised much influence, and were very generally loved. They had great power, but used it very mildly. Irish priests Avere usually selected for Natchez, because there were so many English-speaking people. I w.ell remember Father Brady — the best shot, the best rider and the best judge of horses in the district. And Father Malone, with a wink and a joke, and a, blessing and an almo for every one — welcome at every wedding, every frolic and every dinner — most exemplary in the discharge of every duty, but Avith a slight weakness for his national beverage on St. Patrick's day, Avhen his patriotism would prove stronger than his head. However, in those days, and for years after, the "* Recollections of Mr. George "Willey, a venerable and much respected citizen, who died in 1874. His father was Maj. James Willey, of the Revolutionary army, an early settler in Kentucky, Avho immigrated to Natchez, then under Spanish rule, in 1788. Greorge "Willey, when the Indian Avar of 1813 broke out, though exempt from military service, OAving to a fraction of his shoulder, volun teered and served tAvo campaigns, one on the Alabama, and the other at New Orleans. He narrowly escaped the massacre at Fort Mims, and Avas in the de tachment under Maj. Kennedy, that buried the remains. A better man, and a truer patriot we have never had here. These recollections were bis "table talk," taken doAvn nearly in his own words. It was gratifying to find that this intelli gent and truthful Avitnesss cherished a grateful remembrance of the kind and paternal rule of the Spanish provincial authorities. 528 Natchez in the Olden Times. clergy of all denominations took their morning nip and their midday toddy, aud were always considered the best judges of Madeira."* Attempts were made by several protestant ministers to preach, but were not encouraged. The only sermon I remember to have heard during the Span ish rule was preached by an Episcopalian named Cloud.t Governor Gayoso was present and walked home with my father after the service. He expressed himself in their conversation as being individually in favor of religious toler ation, "but," he added, "you know I have a master." The next day Cloud was notified that he must not preach again, but he, persisting in doing so, Avas shortly arrested and sent out of the country. My father's house Avas on the lot now occupied by the store of Wm. Earhart, and all north of that Avas in woods. In these woods the Indians, who came in every year to receive their presents from the Spanish government, used to en camp. The Spaniards seemed to be afraid of them, and in their drunken orgies, which always foUoAved the distribution of government presents, they were controlled entirely by their interpreter, an old Frenchman named Baptiste, who with his Avhip used to lash them into subjection, in their most disorderly and boisterous outbreaks. It is curious that the Indian, who seems to have no fear of a gun or knife or other deadly weapon, has a great dread of a Avhip. I re member once, many years later, an Indian riot, in Natchez which defied the strength of the civil authorities, and CA'en rendered it necessary to call out the troops, Avhich was instantly quelled by a burly overseer, who rode iu amongst them with his Avhip, and scattered them like chaflF before the Avind. I onee witnessed an Indian execution, which took place about Avhere the gas house now stands. The man Avas condemned, according to their retaliatory laws, to suffer death, and the day was fixed for his execution. He was not con fined in the meantime, but suffered to go Avhere he pleased, and he used the time in going from house to house and begging for Avhiskey, and inviting every one to come and see him die. On the appointed day he was promptly at the place; assisted in digging his own grave, which Avas done Avith knives and hatchets, and from time to time he would lay himself doAvn in it, to see if it would fit him, and when it was completed to his satisfaction, he took a parting drink with all around, and then stood with the most stoical indiflTerence at one end of the grave, and gave the word to the executioner, and iu an instant fell back into the grave with the fatal bullet through his head, and Avas at once covered up. It will seem almost incredible to some that the lives of two men should em brace a period, beginning with the great English revolution and commence ment of the reign of the House of Orange, thus comprehending all the great events of modern history ; yet such I can shew in my own life, and that of another. I have often seen a man named McCoy, who at that time Avas said to be a hundred and twenty years old. I do not know where lie lived, but it Avas somewhere not far from town, for he used to come in to mass on occasional "•¦¦ In confirmation of this, 1 extract the following from the MS. journal, kept by the venerable Gov. Sevier of Tennessee, in 1815, Avhen he was running the line between the Creeks and Cherokees, Avritten only a fcAV days before his death : "July 17th. About eight years ago the Creek Indians seized and took away a large lot of whiskey belonging to Parson Blackburn, Avhich was laying at the Spring Prog's, a little beloAV Turkeytown, which they said Avas Avithin their terri tory. "When the Cherokees were called on in behalf of Blackburn for compen sation, they excused themselves on the ground that the Creeks OAvned the land, and could do as they pleased in their own country." Tlie parson referred to was one of the raost eminent. Presbyterian clergymen in the West, and was largely engaged in the whiskey business, and came near involving the country in Avar with the Indians on account of this seizure. The best whiskey brought to Natchez thirty years ago Avas brought, twice a year, in a flat-boat, by the Rev. Moses Trader, of Ohio, an eminent Methodist, Avho did a large business in this line for a series of years, aud preached at Natchez and Washington with great fervor and unction. He Avas a most excellent man, though he enjoyed his bitters, his midday toddy and his nightcap, ahvays saying that he was not afraid of his own whiskey, but "a little skeeiy about any other." t Rev. Adam Cloud, Avho subsequently lived iind died in Jeff'erson county. Natchez in the Olden Times. , 529 Sundays, Avalking and leading the horse, on Avhicli Avas mounted his son, who was from the infirmities of age unable to Avalk. After mass they Avould come to my father's house, and often have I listened to his wondrous recitals of his varied and actiA-e life. The campaigns of Marlborough, the defeat of Gen. Braddock, and the massacre of the French in Fort Eosalie hy the Natchez In dians, Avere all told by him with the vivid accuracy ot a participant. NoAV put this man's age and mine together, and it will carry you back to the days of the "Merry King Charles." The houses built by the first settlers on the hill Avere mere shanties. There were no saAV mills to furnish lumber, and the timber was split from the tree Avith the axe and fro. Probably the oldest house hoav existing in Natchez is ' the one occupied by Mrs. Postlethwaite, on Jefferson street, between Union and Eankin. It Avas at one time kept as a tavern by a man named King, and Avas the stopping place of Avestern men on their return from New Orleans, after selling out their flatboats of produce. To each settler, Avho Avould put up a house in the toAvn, a lot Avas given by the authorities at a nominal price; but their title Avas not always a secure one. If the Governor Avanted the lot for some favorite he generally managed to make the occupant give it up ; most commonly, hoAvever, in exchange for a lot, or land, in some other place. Indeed, any opposition to the Avill of the Governor was generally very promptly got rid of, but the execution of justice was just as prompt. For many crimes the p.''ivilege of sanctuary Avas allowed, audi have often passed the church early in the morning, and found a Spaniard with his finger in the key hole of the church. The commission of crime Avas not greater than in frontier settlements of our own countrymen, and indeed all of bad rep utation Avhich Natchez ever acquired, Avas after it came into the hands ,of Americans. A horrible tragedy made iin indelible impresion on my memory. On St, Catherine Creek there lived u man named Condy, who Avas of that wild and roving disposition so common among frontier people. His Avife was a beauti ful but frail Avoman, but Ihey Avere bound together by a family of three lovely children. The suspected intimacy between his Avife and a Spanish officer, had driven Condy to madness; and in his rage, he took a razor and cut his wife's throat. He then took his little cues, and one by one, laid them by their mother's side and killed them all. Then laying himself down beside them, he blew out his OAvn brains. I saw the five laying side by side in death. The Avell-knoAvn disposition of the Spaniard to use the knife in all their quarrels, ¦ induced the governor to issue an order, forbidding any one to carry a knife, or other weapon of iron or steel, but the Spaniards evaded it by making a kind of stiletto of hardened wood, with which they managed, on more than one occa sion, to kill one another. The founders of many of our Avealtby families Avere poor but adventurous, and energetic men, whose fortunes were built up not only by their own energies, but by fortunate circumstances. As an exempli fication of the instability of fortune I have seen the first generation begin life in poverty, and build up wealth. The next generation, as a rule, have kept and improved the fortunes their fathers acquired, but in a large majority of instances the third have died as poor as their grandfathers commenced. When the time at length arrived when the Spaniards were to be pushed out, although the great mass of American or rather English speaking inhabitants, were I'e- joiced, still that feeling Avas by no means unanimous. Quite a number of the citizens loved the Spanish rule, and not a few followed them in their exodus. The first United States troops that arrived was a detachment of two corhpanies commanded by Lieutenant Pope, oneof the companies under Lieutenant Mc Cleary. A temporizing and evasive policy was, as usual, pursued by the Spanish authorities, and on the part of many military officers in the United States army there Avas an evident desire for hostile conflict betAveen the coun tries, thus opening to their ambition the prospect of conquest of the Spanish provinces of Louisiana, Texas, and Mexico. Fortunately the arrival of Capt. Ouion, a man as prudent as he was patriotic and honest, and on whom devolv- 34 530 Natchez in the Olden Times. ed the duty of seeing the treaty carried out in good faith, soon brought about an agreement betAveen the Spanish Governor and himself, according to Avhich the Spaniards evacuated the fort. This took place at night, and greatly to the surprise of the inhabitants, though probably not to Guion. Governor Gayoso died shortly after he went to New Orleans, and the story at that time Avas that an order from Spain arrived alter his death to send him to Spain in irons, and that it Avas literally obeyed by taking up his body and putting chains upon the senseless corpse and sending it thus to Spain.--' The first American Governor Ave had was Winthrop Sargeant, and about the same time came Gen. AVilkinson, in all the pomp and style of a conquering- hero. Then, for the first time was seen an American coach, and it was an ob ject of more curiosity, with its four splendid black horses, than even a steam boat was in later years. A printing press also arrived about this time, and un der the management of AndreAV Marschalk, was soon engaged in the, to us,, strange business of printing laAVs. The printing press was a strange thing, but printed laws Avas no less novel. The first code was known as Sargeant's laws. Another character of great importance at that time was Col. Ellicott, the com missioner on the part of the United States, to establish the boundary line be tween the Spaniards and us. After a great deal of Avrangling between him and AVilkinson, and a very long delay, he at length accomplished his Avork. The line was marked by cutting a broad trail along the line as it Avas run. After the acquisition of the country by the Americans the population in creased very rapidly, and the Spanish and other foreign classes as rapidly dis appeared. The regular American Courts Avere established for the administra tion of justice, which although they Avere an improvement on the old system of one-man power, gave little more satisfaction. There was just as much com plaint by one party or the other of the Avant of justice, as there was Avhen Gov. Gayosa decided their disputes according to his OAvn judgment. A jail took the place of the old calaboose, into Avliich men Avere put for the crime of going in debt, and they Avere kept there too, probably to keep them from paying the debt, and thus punish their creditor for the equally flagrant crime of alloAving them to get in debt to bim. I remember one case, in Gov. Sargeant's time, of a man Avho stayed in the jail (which was the house opposite the store of Mr. Earhart, on the corner of Franklin and Uuion streets) until he died, and as the removal of his body from the jail would haA'e throAvn tbe burden of his debt upon his family, he was buried under the jail, and there his dust reposes probably to this day. On one occasion a man named Savage, Avas committed to the jail for some flagrant breach of the peace. He Avas as .ravage by nature as he was by name, and in his rage and fury at his confinement, he begged the bystanders on the outside of the jail to furnish bim something Avith w"hich to take his life ; they of course refusing, he reached out his arm through the gra ting, and .seized a junk bottle which happened tobe Avitbinreach, and breaking it, with one of the pieces he cut his throat. An effort Avasmadeby a physician to SOAV it up, but he tore open the Avound Avith bis hands, and held it open, until exhausted by the loss of blood, he died. The old'jail, too, Avas the scene of the first public disgrace to tlie noted Mason, Avho afterwards with his robber band became tbe terror of travelers from the Ohio rlA^er to New Orleans. Mason and bis son were brought to Natchez and lodged in jail, charged Avith the rob bery of a man named Baker, at a place noAV in Hinds county, Avhere the road crosses a creek still known as Baker's Creek. They Avere defended on their trial, by a distinguislied lawyer named AVallace. He, after the manner so common with lawyers, went to work to get up a public feeling in faA'or of his clients, and succeeded so well that, although the Masons were convicted, the general sentiment was that they were innocently punished. They were both convicted, and sentenced to and receiyed tbe punishment of thirty -nine lashes •and exposure in tbe pillory. I Avitnessed the flogging and shall never forget their cries of "innocent," at every blow of tbe cow hide Avhich tore the flesh from their quivering limbs, and until the last lash was glA'cn they shrieked the ¦*Gayos He died in 1804, and his tomb, four miles southeast of Vicksburg, may yet be seen.. His brother, Eev. Eandall Gibson, came about the same time, and was endowed Avith the same attributes. He lived to a good old age, a life largely devoted to his fellowmen, universally honored and beloved. -He founded an extensive and influential family, conspicuous in Mississippi and Louisiana. He lies buried ten miles southeast ot Vicksburg. The Sellers moved to Lake Providence and became very wealthy. Of the Griffins, Frank G. became Probate Judge, moved to AA'^ashington county, and became the largest cotton planter in the State, probably in the world. Some years after the death of Foster Cook his widow married Judge James Bland, one of the F. F. V.'s. He had the blue blood of the Meades, Tuckers, Eandolphs and Carters in his veins, was a fluent and elegant speaker, but a lit tle too much aristocracy to be popular. He Avas apt to say what he thought, and Avas ready to fight for Avhat he said, if called on. His son Avas sheriff' ol AVarren county when Gen. Grant captured A^icksburg. ¦••' Personal sketches of all these gentlemen would be given, but haA'iug learned that a gentleman every way qualified, is preparing a AVork on the "Bench and Bar of Missis.sippi," I leave tlie field to hira. FIRST STEAMBOAT ON THE WESTERN WATERS. .A. VING, in Chapter IX, given an account of the first voyage up the Mississippi, in batteaux or barges, when Bienville went to invade the Chickasaws, we supplement it with some details of the first steamboat A'oyageon the Avestern waters, compiled from an address delivered before the Maryland Historical So ciety ,by Hon. J. H. B. Latrobe, a distinguished lawyer and savant ot Baltimore : Prior to the introduction of steamboats on the western Avaters, the means ot transportation thereon consisted of keel-boats, barges, and flat- boats. Keel-boats and barges ascended, as well as descended, the stream. The flat-boat Avas an unwieldy box, and was broken up, for the lumber it contained, on its arrival at the place of destination. The keel-boat Avas long and slender, sharp fore and aft, with a narrow gangway just Avithin the gunAvale, tor the boatmen as they poled or warped up the stream, Avhen not aided by the eddies that made their oars available. When the keel- boat Avas covered Avith a low house, lengthwise, betAveen the gangAvays, it Avas dignified Avith the name, of "barge." Tlie only claim of the flat- boat, or " broad-horn," to rank as a vessel was due to the fact that it floated upon Avater and was used as a vehicle for transportation. Keel- Iioats, barges, and fiat-boats had prodigious steering oars, and oars of the same dimensions were hung on fixed pivots on the sides of the last named, by which the shapeless and cumbrous contrivance Avas, in some sort, managed. Ignorant. of anything better, the people of the AveSt Avere satisfied Avith these appliances of trade in 1810. Whether steam could be employed on the Avestern rivers Avas a question that its success between New York and Albany was not regarded as having entirely solved ; and after the idea had been suggested of building a boat at Pittsburg, to ply hetAVeen Natchez and Ncav Orleans, it Avas considered necessary that in vestigations should be made, as to the currents of the rivers to be navigated, in regard to the new system. These investigations, Nicholas J. Eoosevelt under took, with the understanding, that it his report were favorable. Chancellor Liv ingston, Mr. Fulton, and himself, were to be equally interested in the under taking. The Chancellor and Mr. Fulton were to supply the capital, and Eoose velt Avas to superintend the building ol the boat and engine. For this duty, as has already been shown in the last Chapter, the latter was peculiarly quali fied.* He accordingly repaired to Pittsburg, in May, 1809. The only means of conveyance to New Orleans, where his investigations were to terminate, were the keel-boats, barges, and flat-boats already described. None of those then in use Avere suited to Mr. Eoosevelt's purpose ; and as the accuracy of his exami nation, rather than the speed of the voyage, Avas important, he determined to build a flat-boat which should contain all necessary comforts for himself and wife, and float with tho current of the Ohio and Mississippi from Pittsburg to * Mr. R. Avas a native of Ncav York, of a Avell-known Knickerbocker family. He invented and patented the vertical wheel, which was adopted by Livingston & Fulton, and he afterAvards became associated Avith them. Col. Aaron Ogden and William Griffith, Esq., of New Jersey, whose descendents have been conspic uous in Mississippi, Avere interested Avith Mr. Roosevelt in this patent. 538 First Steamboat on Western AVaters. Ncav Orleans. This he accordingly did ; and, Avith the exception of some three weeks passed on shore at Louisville, and some nine or ten days in a roAV boat between Natchez and New Orleans, the flat-boat Avas the home of Mr. and Mrs. Eoosevelt for the next six months. Cincinnati, Louisville, and Natchez Avere then the only places of even the smallest note between Pittsburg and New Or leans. Furnished Avith letters of introduction to their leading men, the travel ers were kindly received and most hospitably entertained. Mr. Eoosevelt's ex planations Avere listened to respectfully, as he stated his purpose in visiting the west, and narrated what steam had accomplished on the eastern rivers. But he was evidently regarded as a sanguine enthusiast, engaged in an impracticable undertaking. From no one individual did he receive a Avord of encouragement. Nor Avas this incredulity confined to the gentlemen he met in society ; it ex tended to the pilots and boatmen, Avho, passing their lives on the Ohio and Mis sissippi, possessed the practical information that he Avanted. They heard Avhat he had to say of the experience of Fulton and Livingston, and then pointed to the turbid and Avhirling waters of the great river as a conclusive answer to all his reasoning. That steam could ever be able to resist tbem, they could not be made to understand. Nothing, however, shook the confidence of Mr. Eoose velt. He had made up his mind that steam Avas to do the work of the Avestern world, and his present visit ivas but tor the purpose ot ascertaining hoAV best the work could be done upon its streams. Tbe Ohio and Mississippi Avere prob lems that he had undertaken to study ; nor did he leave them until he had mas tered them in all their bearings. He guaged them ; he measured their velocity at different seasons ; he obtained all the statistical information within his reach, and formed a judgment with respect to the future development of the country Avest of the Alleganies that has since been amply corroborated. Not only did he do this, but finding coal on the banks of tbe Ohio, he purchased and opened mines of the mineral ; and so confident Avas he of the success of the project on hand, that he caused supplies ot the fuel to be heaped upon the shore, in anti cipation ot the wants of a steamboat Avhose l<;eel had yet to be laid, and whose very existence was to depend upon the impression that his report might make upon the capitalists, without whose aid the plan would, for the present at least, have to be abandoned. Arriving in Ncav York in the middle of January, 1810, Mr. Eoosevelt's report, bearing on its face evidence of the thoroughness of his examination, impressed Fulton and Livingston with his own convictions ; and in the spring of that year, he returned to Pittsburg, to superintend the building of the first steamboat that was launched on the western Avaters. Pittsburg, when Mr. Eoosevelt took up his residence there in 1811, had but recently commenced the career which has uoav entitled it to the name of the Birmingham of America. On the Allegany side, Avhich Avas liable to overfloAV, there were but few buildings in 1811. Close by the creek and immediately under a lofty bluff, called Boyd's hill, was an iron foundry, known as Beelen's foun dry, and in immediate proximity to this Avas the keel of Mr. Eoosevelt's vessel laid. The depot ot the Pittsburg and Connellsville Eailroad noAV occupies the ground I am speaking ot. The size and plan of the first steamboat had been determined on in New York, and had been furnished by Mr. Fulton. It Avas to be 116 feet in length, Avith twenty feet beam. The engine was to have a 34 inch cylinder, and the boiler and other parts of the machine were to be in proportion. The first thing to be done Avas to obtain tlie timber to build the boat ; and for this purpose men Avere sent into the forest, there to find the necessary ribs, and knees, and beams — transport them to the j\Ionongahela, and raft them to the shipyard. White pine was the only material for planking that could he ob tained without a delay that was inadmissible. The saAving that was required, Avas done in the old fashioned and now long forgotten saw pits of 1811. Boat builders, accustomed to construct the barges of that day, could be obtained in Pittsburg ; but a shipbuilder and the mechanics required in the machinery de partment, had to be brought from Ncav York. Under these circumstances, Mr. Eoosevelt began the Avork. One ot the first troubles that annoyed him was a rise in the Monongahela, Avhen the waters backed into his shipyard and set all First Steamboat on AVestern AVaters. 539 his materials, that Avere buoyant, afloat. This occurred again and again; and ¦on one occasion it seemed liot improbable that the steamboat would be lifted Irom its Avays and launched before its time. At length, however, all difficulties- Avere overcome by steady perseverance, and the boat Avas launched— and called, from the place of her ultimate destination. The Ncav Orleans. It cost in the neighborhood ot 838,000. As tbe New Orleans approached completion, and Avhen it came to be knoAvn that Mrs. Eoosevelt intended to accompany her husband on the voyage, the numerous friends she had made in Pittsburg, united in endeavoring to dissuade her from Avhat they regarded as utter folly, if not absolute madness."* Her hus band Avas appealed to. The criticisms that had been freely applied to the boat by the croAvds of visitors to the shipyard, Avere uoav transferred to the conduct of the builder. He Avas told that he had no right to peril his Avite's life, bow- ever reckless be might be ot his own. But the Avife believed in her husband ; and, in the latter part of September, 1811, the New Orleans, after a short ex perimental trip up the JMonongahela, commenced her voyage. There Avere tAvo cabins, one aft, for ladies, and a larger one forward for gen tlemen. In the former there Avere four berths. It was comfortably furnished. Of this, Mrs. Eoosevelt took possession. Mr. Eoosevelt and herself Av'ere the only passengers. There Avas a captain, an engineer named Baker, AndrcAV Jack, the pilot, six hands, two female servants, a man Avaiter, a cook, and an immense NeAvfoundland dog. Thus ec[uipped, the New Orleans began the voy- a.ge which changed the relations of the AVest, — which may almost be said to have changed its destiny. The people ot Pittsburg turned out in mass and lined the banks ot the Mo nongahela to Avitness the departure of the steamboat ; and shout after shout rent the air, and handkerchiefs were waived, and hats throAvn up by Avay of " God speed" to the voyagers, as the anchor Avas raised, and heading up stream for a short distance, a Avide circuit brought tbe Ncav Orleans on her proper course, and, steam and current aiding, she disappeared behind the first head lands on the right bank of the Ohio. Too much excited to sleep, Mr. Eoosevelt and his Avife passed the greater part ot the first night on deck, and Avatcbed the shore, covered then Avith an almost unbroken forest, as reach after reach, and bend after bend, Avere passed at a speed of from eight to ten miles an hour. The regular working of the engine, the ample supply ot steam, the uniformity of the speed, inspired at last a confidence that quieted the nervous apprehension of the travellers. Mr. Jack, the pilot, delighted with the facility with which the vessel Avas steered, and at a speed to Avhich he Avas so little accustomed, ceased to express misgivings and became as sanguine as Mr. Eoosevelt himself in regard to the success of the voyage. The very crcAV of unimaginative men were excited Avith the novelty -of the situation ; and Avhen the folloAving morning assembled all hands on deck to return the cheers ot a village Avhose inhabitants had seen the boat ap proaching down a long reach in the river, and turned out to greet her as she sped, — it probably shone upon as jolly a set as ever floated on the Ohio. On the second day after leaving Pittsburg, the New Orleans rounded to oppo site Cincinnati, and cast anchor iu the stream. Levees and wharf-boats Avere things unknown in 1811. Here, as at Pittsburg, the whole toAvn seemed to have assembled on the bank, and many o£ the acquaintances of the former visit came off in small boats. " Well, you are as good as your Avord ; you have visited us in a steamboat," they said: "but Ave see you for the last time. Your boat may go down the river ; but, as to coming up it, the very idea is an absurd one." This was one of those occasions on which seeing was not believing. The keel-boatmen, whose shoulders had hardened as they they pressed their poles for many a weary mile against the current, shook their heads, as they croAvded around the strange visitor, and bandied river wit with the crew that had been selected from their own calling for the first voyage. Some flatboatmen, Avhose ¦¦•¦She was the daughter of Benjamin Latrobe, Esq., the eminent architect who planned the Capitiil at AVashington, and Avas the intimate friend and correspond ent ot Mr. Jeff'erson. 54° First Steamboat on AVestern Waters. ungainly arks the steamboat had passed a short distance above the town, and who now floated by with the current, seemed to have a better opinion of the new comer, and proposed a toAV in case they were again overtakan. But as to the boat's returning, all agreed that that could never be. The stay at Cincinnati Avas brief, only long enough to take in a supply of Avood for the voyage to Louisville, which Avas reached on the night of the fourth day after leaving Pittsburg. It was midnight on the first of October, 1811, that the New Orleans dropped anchor opposite the town. There was a brilliant moon. I It was as light as day almost, and no one on board had retired. The roar ot the escaping steam, then heard for the first time at the place where, noAV, its ech'oes are unceasing, roused the population, and, late as it was, crowds came rushing to the bank of the river to learn the cause of the unwonted up roar. A letter now before me, Avritten by one ot those on board, at the time, records the fact — that there Avere those who insisted that the comet of 1811 had fallen into the Ohio and produced the hubbub ! The morning after the arrival of the vessel at Louisville, Mr. Eoosevelt's acquaintances and others came on board, and here the same things Avere said that had been said at Cincinnati. Congratulations at having descended the river were, Avithout exception, accompanied by regrets that it was the first and last time a =teamboat Avould be seen above the falls of tbe Ohio. Still, so far, certainly, Mr. Eoosevelt's promises had been fulfilled ; and there was a public dinner given to him a few days after his arrival. Here any number of com plimentary toasts Avere drunk, and the usual amount of good feeling on such occasions was manifested. &d revocare gradum, hoAvever, was still the burden of, the song. Not to be outdone in hospitality, Mr. Eoosevelt invited his hosts to dine on board the New Orleans, which still lay anchored opposite the town. The com pany met in the forward or gentlemen's cabin, and the feast Avas at its height, Avhen suddenly there were heard unwonted rumblings, accompanied by a very perceptible motion in the vessel. The company had but one idea. 'The Ncav Orleans had escaped from her anchor, and Avas drifting towards the falls, to the certain destruction of all on board ! There Avas an instant and simultaneous rush to the upper deck, Avhen the company found, that, instead of drifting to Avards the falls of the Ohio, the New Orleans was making good headway np the river and Avould soon leave Louisville in the distance doAA'u stream. As the engine Avarmed to its AVork, and tbe steam blcAV off at the safety valve, the speed increased. Mr. Eoosevelt, of course, had provided this mode of convincing his incredulous guests, and their surprise and delight may readily be imagined. After going up the river for a few miles, the Ncav Orleans returned to her an chorage. It had been intended, on leaving Pittsburg, to proceed as rapidly as possible to New Orleans, to place the boat on tbe route for Avhich it Avas designed, be tween that city and Natchez. It was found, however, on reaching Louisville, that there Avas not a sufficient depth ot Avater ou the falls of tbe Ohio to permit the vessel to pass over them in safety. Nothing Avas to be done, therefore, but to Avait, as p.atiently as possible, for a rise in the river. That this delay might, as far as practicable, be utilized, to the extent, at least, of convincing the in credulous Cincinnatians, the New Orleans returned to that city, Avhere she was greeted with an enthusiasm that exceeded, even, Avhat Avas displayed on her de scent from Pittsburg. No one doubted now. In 1832, 1 was detained for seA'eral days in Cincinnati, on my return from a Visit to the South. There Avere num bers, then alive, Avho remembered the first advent of steam, and from some of these I learned what is here stated in regard to the public feeling at the time — the universal incredulity of the first visit — the unbounded confidence inspired by the second. Eeturning to Louisville, tlie great interest of all on board the Ncav Orleans centered in Avatching the rise in the Ohio. Eain in the upper country Avas what Avas wanted, and of this there seemed small promise. There was nothing in the aspect ot the heavens that indicated it. On the contrary, there was a dull misty sky Avithout a cloud — a leaden atmosphere that Aveighed upon the spirits, and the meaning of which would have been better understood at Naples under First Steamboat on 'Western Waters. 541 the shadow of A'esuvius, than on the banks of the Ohio. The sun, when it rose, looked like a glohe of red hot iron, Avhose color brightened at noon, to resume the same look Avhen it sank below the horizon. All day long, one might have ^azed on it Avith unflinching eyes. The air was still and heated ; and a sense of Aveariness Avas the characteristic of the hours as they Avore slowly by. At last, and Avhen a nervous impatience affected every ope ou board, it Avas an nounced, one morning, that there had been a rise in the river during the night. Morning after morning, the rise inthe river during the night was reported ; and finally, in the last Aveek in November, it Ava.s ascertained that the depth ot water iu the shallowest portion of the falls, exceeded by five inches the draught of the boat. It was a narroAV margin. But the rise had ceased : there was no telegraph in those days to tell hourly what was the Aveather in the country drained by the Ohio ; and Mr. Eoosevelt, assuring him.self, per.sonally, of the condition of the falls, determined to take the responsibility and go over them if he could. It Avas an anxious time. All hands were on deck. Mrs. Eoose velt, whom her husband Avould Avillingly have left behind to join him beloAV the falls, refused to remain ou shore, and stood near the stern. The two pilots, for an extra one had been engaged for the passage through the rapids, took their places in the bow. The anchor Avas weighed. To get into the Indiana channel, Avhicli Avas the best, a Avide circuit had to be made, bringing her head down stream, completing Avhich, the Ncav Orleans began the descent. Steerage Avay depended upon her speed exceeding that ot the current. The faster she could , be made to go, the easier would it be to guide her. All the steam the boiler Avould bear Avas put upon her. The safety valve shrieked. The Avheels revolved faster than they had ever done before ; and the A'essel, speaking figuratively, fairly fleAv away from the croAvds collected to Avitness her departure from Lou isville. Instinctively, each one on board now grasped the nearest object, and, with bated breadth, aiivaited the result. Black ledges ot rock appeared only to disappear as the New Orleans flaslied hy them. The waters whirled and ed died, and threw their spray upon the deck, as a more rapid descent caused the vessel to pitch forward to what at times seemed inevitable destruction. Not a Avord was spoken. The pilots directed the men at the helm by motions of their hands. Even the great NeAvfoundland dog seemed affected by the apprehension of danger, and came and crouched at Mrs. Eoosevelt's feet. The tension ot the nervous system was too great to be long sustained. Fortunately, the passage was soon made ; and, Avith feelings of profound gratitude to the Almighty, at the successful issue of the adventure, on the part of both Mr. Eoosevelt and his wife, the New Orleans rounded to in safety beloAV the falls. There Avas still the same leaden sky — the same dim sun during the day — the same starless night; but the great difficulty had been overcome, and ifAvas believed that there Avould now be nothing but plain sailing to the port of destination. It Avas yet to be seen how far the expectations of those on board, in this respect, Avould be re alized. Hitherto, the voyage had been one of pleasure. Nothing had marred the enjoyment of the travelers. The receptions at Louisville and Cincinnati had been great events. But, now, were to come, to use the Avords of the letter al ready referred to, " those days of horror." The comet of 1811 had disappeared and was foUoAved by the earthquakes ot that year, of which the atmospheric phenomena just mentioned were the prognostics; and theearthquake accompa- ' nied the New Orleans far ou her way down the Mississippi.-" "••• In the language of a very intelligent English traveler of those days : "iMany " things consiiired to raake the year 1811 the annus mirabilis of the West. During the earlier months, the Avaters of many of the great rivers overflowed their banks to a vast extent, and the Avhole country Avas in raany parts covered from bluff to "bluff. Unprecedented sickness followed. A spirit of change and recklessness seemed to pervade the very inhabitants of the forest. A countless multitude of squirrels, obeying some great and universal impulse, which none can know but the Spirit that gave them being, left their reckless and gamboUing life, and their ancient places of retreat in the North, and were seen pressing forward by tens of I thousands in a deep and solid phalanx to the South. No obstacles seemed to check their extraordinary and concerted movement. The word had been given 54= I First Steamboat on AVestern AVaters. The first shock that was observed was felt on board the Ncav Orleans while she lay at anchor after passing the falls. The effect was as though the vessel had been in motion and had suddenly grounded. The cable shook and trem bled, and many on board experienced for the nioment a nausea resembling sea sickness. It Avas a little Avhile before they could realize the presence ot the dread visitor. It Avas AvhoUy unexpected. The shocks succeeded each other during the night. AVhen morning came, the voyage Avas resumed : and, while underway, the jar of the machinery, the monotonous beating of the wheels, and the steady progress of the vessel prevented the disturbance from being noticed. It has already been mentioned, that, in his voyage of exploration, Mr. Eoose- A-elt had found coal on the Ohio, and that he had caused mines to be opened in anticipation. Their' value was now realized ; and, Avhen he reached them on his way doAvn the river, he took on board as much coal as he could find room for. Some miles above the mouth of the Ohio, the diminished speed of the cur rent indicated a rise in the Mississippi. This Avas found to be the case. The bottom lands ou either shore Avere underwater, and there was every sign of an unwonted flood. Canoes came and went among the boles of the trees. Some times, the Indians attempted to approach the steamboat, and, again, fled on its approach. The Chickasaws still occupied that part of the State of Tennessee lying below the mouth of the Ohio. On one occasion, a large canoe, full}' manned, came out of the woods abreast of the steamboat. Tbe Indians, out numbering the crew of the vessel, paddled after it. There Avas at once a race, and tor a time the contest was equal. The result, however, was what might have been anticipated. Steam had the advantage of endurance ; and the In dians, with Avild shouts, Avhich might have been shouts of defiance, gave up the pursuit, and turned into the forest from whence they had emerged. While the crew of the New Orleans Avere more amused than alarmed at this incident of the voyage, Mr. Eoosevelt, who had not forgotten the visit to the flat-boat on the preliminary exploration, was not sorry, noAV, when he lost sight of the canoe. Tliat he bestoAved a second thought upon the matter, illustrates the nervous excitement that prevailed on board. Mrs. EooseA^elt and himself Avere still discussing the adventure when they retired to rest. They had scarcely fallen asleep, when they Avere aroused by shouts on deck, and the trampling of many feet. With the idea of Indians still predominant, Mr. Eoosevelt sprang from his bed, and seizing a sword — the only weapon at hand — hurried from the cabip to join battle, as he thought, with the Chickasaws. It was a more alarm ing enemy that he encountered. The New Orleans was on fire; and flame and smoke issued from the forAvard cabin. The servant Avho attended there, had placed some green Avood too close to the stove, in anticipation of the next day's wants; and, lying down beside it, had fallen sound asleep. The stOA-e, becom ing overheated, this Avood had taken fire; the joiner's Avork close by had caught, and the entire cabin Avould soon have been in flames had not the servant, half suffocated, rushed ou deck and given the alarm. By dint of great exertion, the fire, which by this time, was making vapid headway, Avas extinguished ; but not until the interior wood Avork had been either destroyed or grievously de faced. Few eyes were closed for the remainder of tbe night; nor did the acci dent tend to tranquilize the nerves of the travelers. A supply of provisions had been taken on board the New Orleans, at Louis ville, amply sufiicient for the voyage to Natchez, and this was occasionally sup plemented by purchases at settlements along the river. These, however, were few and far betAveen, and not at all to be relied on. The crcAv, accustomed to the simple fare of boatmen on the Jlississippi, were easily provided for. The commissariat of tho voyage, therefore — longer tlian a voyage to Europe uoav — gave no trouble. thera to go forth, and they obeyed'it, though inultitudesperislied in tbe broad Ohio, which lay in their path. The splendid comet of that year long continued to shed its twilight over tlie forests, and as the autumn drcAV to a close, the Avhole valley of the Mississippi, frora the Missouri to the Gulf, was shaken to its centre by con tinued earthquakes." — C. J. Lalrobe's Bambler in, Xorth America. First Steamboat On AVestern Waters. 543 , Early in the afternoon of each day, the steamer was rounded to, and fastened to the bank, the crew going ashore to cut the AVood required, after the coal Avas exhausted, for the next day's consumption. On some of these occasions, squat ters came on board Avith tales of their experience upon the land, Avhich they insisted shook and trembled under their feet. At Ncav Madrid, a great por tion of Avhich had been engulphed, as the earth opened in vast chasms and swallowed up houses and their inhabitants, terror stricken people had begged to be taken on board, Avhile others dreading the steamboat, CA'cn more than the earthquake, hid t4iemselves as she approached. To receive the former was impossible. The Avould-be refugees had no homes to go to ; aud ample as was the supply of provisions for ilr. Eoosevelt and his wife, it would have been altogether insufficient for any large increase of passengers ; and as to obtaining provisions on tbe Avay, the NeAV Orleans might as well have been upon the open sea. Painful as it was, there was no choice but to turn a deaf ear to the cries of the terrified inhabitants of the doomed town. One of the peculiar characteristics of the voyage Avas the silence that pre vailed on board. No one seemed disposed to talk ; and Avhen there Avas any conversation, it Avas carried on in Avhispers, almost. Tiger, Avho appeared, alone, to be aAvare of the earthquake while the vessel Avas in motion, prowled about, moaning and growling ; and Avhen he came and placed his head on Mrs. Eoosevelt's lap, it Avas a sure sign of a commotion of more than usual vio lence. Orders were given in low tones ; and the usual cheerful "aye, aye' sir," of the sailors, Avas almost inaudible. Sleeplessness was another characteristic. Sound, continuous sleep, was apparently unknown. Going ashore for Avood was the event of each twenty-four hours, and was looked forward to by the crcAV with satisfaction, notwithstanding the labor that it involved. And yet the men, if not sullenly, toiled silently ; and if the earth shook, as it often did, Avhiie they were at work, the uplifted axe was suspended, or placed quietly on the log, and the men stared at each other until it ceased. Nor was this depres sion confined to the steamer. Flat boats and barges Avere passed, Avhose creAvs instead of bandying river wit, as they had done when met on the voyage from Pittsburg to Louisville, — uttered no word as the Ncav Orleans went by. Before the travellers had been many days on the Mississippi, they fancied, as they looked at each other, thet they had become haggard. Mrs. Eoosevelt records "that she lived" in a constant fright, unable to sleep or sew, or read." Sometimes, Indians would join the Avood choppers ; and occasionally one Avould be able to converse'in English Avith the men. From these it Avas learned that the steamer was called the " Penelore," or "fire Canoe," and was supposed to have some affinity Avith the Comet that had preceded the earthquake, — the spa-rks from the chimney of the boat being likened to the train of the celestial visitant. Again, they would attribute the smoky atmosphere to the steamer, and the rumbling of the earth to the beating of the waters by the fast revolving paddles. To the native inhabitants of the boundless forest that lined the river banks, the coming of the first steamboat was an omen of evil ; and as it was the precursor of their own expulsion from their ancient homes, no wonder they continued, for years, to regard all steamboats with awe. As late as 1834, wheh the emigration of the ChickasaAvs to their new homes, Avest of the river, took place, hundreds refused to trust themselves in such conveyances, but preferred making their long and weary pilgrimage on foot. One of the most uncomfortable incidents ot the voyage was the confusion of the pilot, who became alarmed, and declared that he was lost ; so great had been the changes in the channel caused by the earthquake. Where he had ex pected to find deep Avater, roots and stumps projected above the surface. Tall trees that bad been guides had disappeared. Islands had changed their shapes. Cut-offs had been made through ¦ffhat Avas forest land when he saw it last. Still; there was no choice but to keep on. There Avas no place to stop at. There was no possibility of turning back. In the first part of the voy«ge when the steamboat rounded to at night, she was made fast to the river bank ; but when it was seen that trees would occa sionally topple and fall over, as the ground beneath them was shaken or gave way, it was thought safer to stop at the foot of an island, which might serve as 544 First STEAMBOA'i' on AVestern Waters. a break water, taking care the trees were far enough from the boat to obviate apprehension from them. Once, however, when such a fastening bad been made and a plank carried ashore, and the wood chopping had been finished at an earlier hour than usual, a new experience was'4iad. No shock had been felt during the day, and Mrs. Eoosevelt anticipated a quiet rest. In this, however, she Avas disappointed. All night long she was disturbed by the jar and noise produced by liard objects grating against the planking outside the boat. At times severe blows were struck that caused the vessel 'to tremble through its entire length. Then there Avould folloAV a continuous scratching mingled with the gurgling sound of water. Drift wood had caused sounds of the same sort before, and it vvas thought that drift wood was again busy in producing them. AVith morning, hoAvever, came the true explanation. The island had disap peared ; and it Avas the disintegrated fragments sweeping down the riA'er, that had struck the vessel from time to time and caused the noises that Mrs. Eoose velt had been disturbed by. At first, it was supposed, that the Ncav Orleans had heen borne along by the current ; but the pilot pointed to land marks on the banks Avhich proved that it Avas the island that had disappeared Avhile the steamboat had kept its place. AVhere the island had been, there was noAV a broad reach of the river; and Avhen the hawser Avas cut, for it Avas found im possible otherwise to free the vessel, the pilot Avas utterly at at a loss Avhich Avay to steer. Some flat boats Avere hailed, but they too were lost. Their main effort Avas, by dint of their long oars to keep Avhere the current Avas the strongest. This Avas, evidently, the best plan for the New Orleans. It was not Avithout its peculiar risks, hoAvever. In the bends, where the rushing waters struck the* shore, to Avhirl around the curve, and glance off' to form a bend in an opposite direction, the deepest Avater Avas immediately underthe bank; and here the trees, . undermined by the current, would be seen at times, to sink into the stream, often erect until the waters covered their topmost twigs — sometimes, falling against each other, interlacing their great arms, as strong men might do, struggling for life when drowning — sometimes, they fell outward into the water; and, then, woe to the vessel that happened to be near them in the bend. This danger, hoAvever, steam enabled the New Orleans to avoid. Eeferring to it all, it is not wonderful that the survivor of the voyage still speaks ot it as " one ot anxiety and terror." As the New Orleans descended the river it passed out of the region ot the earthquake, and the principal inconvenience Avas the number of shoals, and snags, and sawyers. These were all safely passed, however, and the vessel came in sight of Natchez, and rounded to opposite the landing place. Expecting to remain here for a day or two, the engineer had allowed his fires to go doAvn. so that Avhen the boat turned its head up stream it lost headway altogether, and Avas being carried down by the current, far beloAv the intended landing. Thous ands were assembled on the bluff and at the foot of it ; and, for a moment, it Avould have seemed that the New Orleans had achieved Avhat she had done, so far, only that she might be overcome at last. Fresh fuel, hoAvever, was added, the engine ivag stopped, that steam might accumulate ; presently the safety valve lifted^a few turns of the wheel steadied tbe boat — a feAV more gave her head way ; and,^ overcoming even the Mississippi, she gained the shore amid shouts ot exultation and applause. The romance of the voyage ended at Natchez, Avhere the same hospitalities Avere extendedto Mr. and Mrs. Eoosevelt, that had been enjoyed at Louisville and Cincinnati. From thence to New Orleans there was no occurrence worthy of note. The Vesuvius and the iEtna foUoAved the New Orleans, and they in their turn, were followed by others, and again by others, until noAv, the traveler on the Mississippi is never, or rarely, if ever, out of sight of the Avhite and feathery plumes that accompany the boats ot the AVestern waters, as their high pressure engines urge them on their Avay.* ¦'¦' Although forming no part of the story of the voyage proper, yet, as this has been called a Romance, and all romances end, or should end iu a marriage, the incident was not Avanting here : for the Captain of the boat, falling in love with Mrs. Roosevelt's maid, prosecuted his suit so successfully as to find himself an ac- First Steamboat on Western AVaters. 545 And.this is the story of the " First Voyage of the First Steamboat on the Western Waters" — another link in the chain that should have connected the name of Eoosevelt Avith the names of Fulton and Livingston among the bene factors of mankind. cepted lover Avhen the New Orleans reached Natchez ; and a clergyman being sent for, a Avedding marked the arrival of the boat at the chief city of the Mis sissippi. ' jj^ The late Samuel Davis, of Philadelphia, iu 1811, and for many years there after, was at the landing at Natchez, with nearly the whole population of the town, Avhenthe New Orleans arrived. There Avas a rise in the river, and when the boat rounded to, to head up stream, she was forty or fifty yards below the landing, and for a whUe she struggled Avith the current. Near by Mr. Davis was an old colored drayman, who, Avhen he saw the steamer overcome the current by a rapid move ment of the wheels, threw np his hat, and cried out, "by jolly, Mass Sam, old Mississippi got her massa dis time." Mr. Davis was the only man in the crowd that had the nerve to ship cotton oa the first trip of the boat. The first cotton ever shipped by steamer from Natchez Avas shipped by him, and he was thought to be taking a very great risk. • 35 ERRATA.— Note by Publishers. it is due to the author to state that opportunity was not afforded him of reading all the proof-sheets of this work. The errors noted below are not material, and most of them would escape attention in perusal of the volume. They are noted, however, in order that they may be corrected in any future edition. Several serious mistakes in names and dates, have been corrected by the re-printing of thirty pages. The publication of this volume has been vexatiously delayed — the public demands upon our facilities having first to be satisfied. We shall endeavor to be more accurate and expeditious in the publication of Volume II. Page 1 — 1st line, for 1541, read 1542; 12th line from top, for " Allonez," read Allowez. 44 — 7th line, for " Cure," read Curate. 58 — 31st line, for " dancing," read smoking. 61 — 28th line from top, for " DeConlanger," read DeCoulanger. 75 — 37th line from top, for "sensible," read sensitive. 122 — 11th line from top, for " Parmure," read Panmure, and same on page 123, 11th line from top. 224 — James " Terrall " should read James Ferrall. 231 — For " were," in 4th line from top, read " was,'' aud for "Aylithe'' Buckner, in foot-note, read Aylette Buckner. 257 — 7th line from bottom, for " notorious," read riotous. 259— 2d line from bottom, for " Mr." read Wm. 292 — 33d line from top, for " Canoneberg'" read Canonsburg. 298 — 18th line from bottom, for " evening,'' read ensuing. 303 — 11th line from top, for " Harrisburg," read Harrisonburg. 306— 22d line from top, for " Nichola," read Nicholet. 318 — For "Governor" Claiborne, in foot-note, read General. 323 — 7th line from bottom, for " Josiah " Francis, read Joseph. 328 — Last line, Louis " Painboeuf," should read Pamboeuf. 352— 18th line from top, for Miss " Stewart," read Miss Stanard. 355 — 18th line from top, for "in office," read an officer. 356 — 10th line from top, for " Creek," read Creole ; and in 6th line from bottom, for " order," read odor. 359 — 15th line from top, for " named," read earned. 375 — 2d line of foot-note, for " all the parties were," read the former was. 393 — 14th line from bottom, for "John" G. Clark, read Joshua. 395 — 2d line of 6th paragraph, for "General" Poindexter, read George. 434— 9th line from top, read " 2500 " majority, instead of 25,000. 438 — Ist line, omit the word " in." 442— 24th line, for " inexcusable," read inexorable. 453 — 21st line, for "discouraged," read encouraged. 527 — 16th line from bottom, for "almo," read alms ; in 5th line of foot- nqte, for " fraction," read fracture. YALE UNIVERSITY LIBRARY 1 ^ lllillllililllllilllllllillllil ^ 3 9002 01390 5592 ^ :% . ^ ii -t X ^F MM^ !>:¦?¦ ><«',K-i^