George Washington Cable.
“Posson Jone.”
Notes to the next group
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FAITHFUL PICTURE OF THE POLITICAL SITUATION OF NEW ORLEANS
AT THE CLOSE OF THE LAST AND THE BEGINNING
OF THE PRESENT YEAR,
1807.
BOSTON: RE-PRINTED FROM THE NEW-ORLEANS EDITION. 1808.
ADVERTISEMENT.
MANY causes conspire to render it desirable that a faithful detail of the late transactions in Louisiana, should be at this time collected and presented to the public. If any great or important political changes await the nation, and many with deep concern apprehend that some such crisis is at hand, the occurrences of the last winter in that country, remote as it is, may perhaps be one day or other considered as among the more immediate causes at least of hastening events to which most men look forward with dread, and all with anxiety. In a state of precarious peace with all the principal maritime powers of Europe, and apparently on the eve of a war with that one in particular, from whose enmity there is most to fear, the country is perhaps entering on an untried state of things: and it may eventually prove to have been pro�phetically said upon tpe floor of Cop.gress, tha~ "If ever the United States go iqto a war they will nqt get out of it with the present constitution" Ellt as if in anticipation df the period thus fixed for the fulfilment of the prediction. some measurts lately adopted at New-Orleans, and the manner in 'which they llave been countenanced and followed up by the Suprem<; Guardians of the nation, induce many to doubt wr.ether Jthe constitution has lasted even uDtil the war begins; or at least, w~lether it has not ,received a paralising shock be�numbing its most valuable cuergies, and rendering i~ little less than the inani�mate form of a system to amuse the curious in theories ; a mere abstract scheme of govern~ent,whose vital priI1ciples,on e~ery pretext of necessity or public exigency, the arm of phy~ical power may practically dispense with. at discretion. But whatever may be the poli~ical effect of the measures pro�posed as the subjec'r of this publication, it i~ certain they have excited much. curiosity and not a little interest wherever th~y have been heard ~f in the United States: a succinct history of the period, therefore, cannot be unaccep�table. Already indeed, most of these interesting events have been partially published in dctached pieces: but a complete detail of the whole, thougq much desired, has, never been before given; a work, however, which the pre::�5ent writ r did not attempt, until disappointed in a hope, which I\c some time ago indulged, of seeing the tfisk undertaken by Ol~e 9f more talents and better information than himself. Of nearly all the transactions here related, howev�rr, he was an ey witness; and is therefore in some measure qualified to give at least a faithful nar..ative of them. He t,hinks it important, also, that the publication of such a nar..ative should be no longer delayed. In many of these transactiOlls there has been so much obvious irregularity, and daring deviation jll'om principles heretofore held sacred, that the facts should be related while yet fresh in the memory, and while so many living witnesses are within reach. to attest their truth. A few years hence the story might otherwise be reject�ed as pregnant only with the mishapen monsters of a vindictiv:e fancy, and at las,t, for some political purpose of the moment, perhaps reasoned into impos�sibilities, or glossed over by some skilful apologist. Were it indeed possibie hy such means, to consign the whole of these transactions completely to ob�livion, the nation would per haps have reason to rejoice at their fate. Prece�dents of such a perilous character ougbt always to be kept as much as possible out of view. But unfortunately, there are too many whom the events of that mysterious period have 50 deeply afFected both in personal suffering and in reputation, and on whose feelings they have made an impression so p ignant and indelible, that theX cannot be forgotten. The story: will never die alto;�gether: that it may hvc free from misrc:presematiou is the object of the following pages.r .
ADVERTISEMENT. A FAITHFUL PICTURE, &c. THE province of Louisiana has of late years engaged so mud1 of the public attention. and the means of information respecting it have been so multiplied in the United States since its late cessioll. that it is unnecessary to introduce this narrative with any general re�marks on a country already ao well known. The writer therefore hastens tow,uds the period, a sketch of which is here more particu�larly intended. Both the Spaniards and the French relinquil>hetl the nourishing colony of Louigiana to the United States, with reluctauce} The sen~ sibility of some of the French on the occ,lsion, ,vas particularly ob.. "ervable at the ddivcry of the pro\'ince to the American commission� ers. That the Spaniards also sufferEd the sovereignty of the country I .
to pass out of their hands unwillingly, was equally visible. The of�ficers of the govcmment protracted their stay in New-Orleans many months beyond the time limited by the treaty; umil indeed the A�merican government, distrustful of their views in sllch unr~asonable -'" delay,at length aClu&lly forced their departure. But even at this moment they are unwilling'k) belie\'e that the country is really lost to them. furcver; and an opinion is still cherished among them, that the Uni. ted States hold the p~,ce only ill trust during the war, and that a European peace will restore it to its ancient masters. Nor would it be surprising. (and no disrespect is intended to the inhabitants of Louisiana in s\lggesting the idea,) if ma ny of them at that time S)'m�pathi-"ed in the s.!'lltimcnts and hopes of the friends who were leaving them, Few indeed, ifany in that countr)" are now dissatisfied with the general principles of the existing government. But it would be a poor compliment at least to their beartq, to suppose, that on hoisting ofthe American flag ill New�Orleans.the Loui,ianians all suddenly dip vested themselves of all their former attachments. The writer rcs~ pects that people too highly to believe, what in truth tlley have ever been too hOIl""t to affect, aft~r a rilpid succession of changes of alle� . giallce, 1lllSOl!ght on their part, aud all negociated even unknown to them, that they becam(' at once unmeallillgly devoted to the domina�tion of strangers, speaking another language, and introducing modes of government till then unknown to them, and almost wholly destr.~ tute of tllO~C splendid exteriors of power which are employed by oth�er go..\-crnmcnts to command 8udden respect. The American l'onsti�tmion and laWG require to be studied before they' can be justly ap�preciated. Let it therefore be cOllsidC'rcd rath.!r as aD hOllor than a !"('proach to tht" Louisianian, that, after hnving jived perbaps a long life uuder the mildest gO'"crnment known in a Spanish co!r;nr. and th~re grown rich in \H�alth and hOllor, amidst a numerous and Aour~ ishing k.indred, he could nOot ,�efmin from a tCOlr at the departure of .. 7 6 hi, long and r~pectt'd patrons, and still cherishes.il grcatrull"em.e~.. brance of their worth. But let it not be hence mferrcd, that It 16 here intended to represent the inhabitants of Louis~an~ as ,?alcontent~, from whose disaff~ctiOl' the United States can wIth Jusuee ent('rtalll the slightest apprebension", .After having..50 io?g ~nd so. paticnt!r suffered a privation of certatn Important politIcal n~~'8, wluch are, lQ their opinion, guarnlltecd to tiwm by the treaty wllIch g~~e 1hem to the U :tiled States, their u!laifected deference .to .the declSlo~ ~f the general government 011 that question, and theIr slle~t 8ubmlsslol~ to the unkind, and pt:rhap~ sC''lr~c1y ci~'il treal~ent, winch they received on thci . fil"5t respectful assertIon of mo.se Tights, su~b .almost unpre�cedented forbearance on their part fUl"Illshes a COh\'Il:Cl1lg .pro.o~ t~nt a disposition to faction Or rc\'olt, makes IlO p::trt. of the LOU1~lallmn character. Tbe Louisianians without doubt, In con~mon wltl~ the human race every where, have their weaknessel< and lI~pc~ft'ctlOIl~. nut amOHg th�~ ll� Virtues, industry, te~lJ:>eran~t' ant~ 1.IOSP lt.d1t.Y' ~ml. nClltly prevail: and these are ilot qualltlcs wuh whIch any ,aptlt~de to dist1ll"b the public tranql1ilh~y Cln easily eo'!'bl1lc. The mha.hJt~l'ts of Louisiana, like mo:;t cultivators of the SOlI, :l;e ~f a Jonlt:'Slle turn, ) Gigcere friends to peace and social order, and act~ve 111 thr prr.fonn~~ce of all public duties assigned to them. Of t h~lr lloltu r.ll dl~posltlon to good ord('r, there is ample proof ill t~c undlstur~(.d state of [,")Ice and tranquillity which the country contlnuc~l t � .>, ~nJoy af'er th~ ).Ite ces!lion, during an int erval of ne~rly a yea,r. III WOIch .almor.t an 1l'ter. I"cgnum of all perceptibll! authOrity prc\"alled, w:lcn It was unkno\.vD by what laws the cOllntry was to be Governed. or mdeed whether t.Ju,:re was any law ill the province or 110t. Thes~ truths were so Ob\�lO,UIl, that as soon as the U "ited States had obtamed peaceable posses~lon of the country, their troops were. no longer kept t.og("thc.r at Ncw~O~. leans j the government, b)' theIr conduct, .shewmg. a J~s,t and JUCIM cious confidence in the good sense and fnendly dlSposltlU1I of the PCOP~'ltt the troops, though thus wisely withdrawn from the capital, WCI�e bllt too much wanted in other parts of the coun~ry, Secure as the govcrnlOeut might have been, if not. of th~ aITcC110HS. at. I.cast ~f the obedience and good conduct of the mhah!tants .?f ILoUlBI:lnn, It ourrht to have beel} recollected, that both on the E:lst aud on the W~st of that province the Spa!liards were still in force ... and that m,my of tho~e who had been lately. expelled. from LOUISiana, \\�.ere now hovering 011 its frmltiers, provoking vexatious contests ah~)lIt 11m� its, ami ol.:casionally "iolating with armed. for~e, and cven .wlth out� rlge, the unequivocal and lIndis~uted terrltoncs.c.f the Villon.
At the Mubile, the American trade was l1l(;("ssa,lIt1y harra~sed \\ ith scarches,and ohstructioll:>, and tOO often ~ad to sllbmlte\'ento unjust e~3ctions. From Baton Rouge ~rmed parties frcquclll~.y ent~r~.d tit! 1I1i::5i:.;p1'i tcnitory ; und at onc time sclzed some AUlellcan Citizens
� Two men (If the name of Kcrr:prr, who on t!lcir passage afterward! down, the Minisippi, ronfmrd in .I Spanish boat, werc gall:ulI!Y rt�scl....c1 hr Lu.:utnl� !!.Ill W;i!~I)Il, ofthc United StaW.' llrtilkry, aDd a small party uf ~oJdlcn.
.. ~11O resided near the fro~tie.., and carried them off as prisotlers. From Nagogdochcs tile Amcncan settlements near the Sabine and on the Red ri~er were continually menaced and disturbed. And at kngth a SpaOlsh army of st:vCT"dl hundred men having collected there, they proceeded to acts of open hostility, took several pri ..oners, and open�ed an asylum for deserters from the American army, and e...en for sJa~esJ wllO were al�cordmgly invited by pn,ciamation, to e!leape from thcn ma!l.ters. From the Sabiue to the city or' Ntw-Orleans, the tCountry was open to the invader, There was but one placeof strellgtb. ()n ~he road. aud t~at was at Baton Rouge, a settlement still in pos. session of die Spaniards, though within the tenitories claimed by the United Staf.es. Such was the position of affairs in Loui!>lana, ta- I war?s the clo.;e of the rear 1805, without a single regiment or half reglme~t of r~gular troops to rt:pd the aggressions or resent the in�~ults with which the country was on every Side assailed; and by a foe, l~ whom tl~e peo~le couId see nothing to rcspC'c t but the increasing l)01d~(',6s WIth wilich they dHily. aet the country at defiance. l~elie e"ents of cOllrse did not fail to product' at New.Odc8113 the feellOgs and t11~ frarll ~\'hich the occasion naturally suggested.
. There .,,:as alrea(~y 111 that city it n::~pcetable battallion of volul1teers. In additIOn .t~ tillS, it " m.il~t:try ~ssociation)JJ consisting of the most re_ spectabl.e Cltl~CIlS) and dl~ldcd mto several cOlT.panies, w~:' (mbodied for t.he Immedlat~ protectl~~ of the town Among the Americanll pa~lc,ularly. ~\ t1.mversal spmt of enterprize and reGentment prevailed. ~nvate aSSOCIatiOll.S 'were formed with objects beyond a mere defen. Sl.V~ ~var. And Signal retaliation on the Spanish posr.es!>ions in that VICInity was every where spoken of widl confidence and enthusiasm. In th~se fedings howc\'er of .he citizens of New-Orlenns, the gene.ral governmen~ refused to symp:tthize. To the poigllalol rnorti~ ficatJOn of every frie nd. lO that .co untry., the session of Congrcl-s of ~805:-6 closed,. ~lId ltulc effiC ient notice was taken of thf pel.ilous. ~lt~atl.o~ of LouI.slana. Conwcss as if regardless of the dangers and IIldl%~ltles to wll1ch that provlLlce was exposed, shewed but little dis�posItIon to att~nd either to i~s past grie\�ances or to il~ future security. Notwlt~stalldm~ the offiCIal. though imperfect account of these tra.n~actlons wluch ~he President .:ommunicated, together witTI Ilia oplI~lon) that an am.,cablc accommodation of the then existing diffiM cultle~ between Spain and the United States was hopeless, his yepl"CM SentatlOlls were aI,together llllheede? Instead of Spain, the public re~entment was dll"l~ctrd. rather aga1ll9t England, on points important wlthout ~oubt, but of httle else than a mere commercial nature. TIllS unexpecte? turn of general politics in the United States, naturally leads the mllld to some painful reflections on the inadequate caus.es that are sometimes suffered to operate powerfully on public Sentiment. When ~11 oblieure individual ofthe name of Pierce. was unfortunately, but III a great measure accidentaIIy killed at New. york, by a (hot fro.m? Bri~i(h frigate; lllat city was suddenly thro'l">"n l?t? a fer.ment of II1dlgnatlOn j and many other cities wnrmly par. tI:lpated III the feelings excited there 011 the occasion. That this, WJth many, was a mere electioneering trick iii sufficiently proved by 8 the circumstances of the time~. and the use openly made of it. From some motives or other however, the whole nation was for srvcr.tl .... ceks dad in mourning and in menace. In tbat one gun from the Lean.. der,on theAtlantic shore, there w<:s more insult and aggression than ill aU the daring violations already mentioned on the western frontier. As if the nation weTe wholly insensible to indignity, cl'cept 011 one side, the voice of tbe people throughout the continent was raiwd in sol. emn dirge over the tomb of this onc solitary victim of mil:icilDl1Ce, while on the western frontier citizens werc attacked with impunity ill ibeir houses by a foreign army, within the territories of tbe Union, plun. dcred of their servants and property, seized and dragged into confine. ment, and then actually in the dungeons of Nagogdoches, or of St. Antoine. In the general outcry against Enghuld, thl' su{terings of these cilizcOl'l were forgotten or lightly mentioned as distant evils, af. fecting Heither the hOllor or safety of the nation. Such however, appeared to be the disposition of the general government, as welJ as of the Atlantic State~ geuerally: and consequently the A mcril'1\lls in LonisClna thus disarmed by natural policy, had to abandu ll all those projects of attack :'Iud defence, which they had formed in the expec�tation of:m immediate v.rar. For a time at least, they were compell_ ed to smother their jllst rcsentments, and suppress all that ardent spirit of ingenious and patriotic enterprize, which not many mOllths befor~ had animated every breast among them. The consequences of this policy were such as were naturally to be expected. The Spilni:m.ls on the Sabine were emboldent'd by the :mpinencs9 of go\'ernment. And being reinforced from the il1t~rior of Taxus. tlley again appeared in arms with the Governor o f that provincc at their head j and encamping within the 11mits of the U�lIited States' territory at Nachitoches, renewed their thre'lts and re�commenced hostilities. The transactions which followed are very gen_ erally known. The United States' post at Nachit()ches was now strengthened by the addition of all the regular lroops that could be im. mediately collected tilct'(!. Severnl corps of militia also werc called from the neighbouring counties, where many A mericans were scttled, and from the Mississippi territory. Governor ClaibonlC:: proceeded 11im.. self to Nachitoches aud the other western counties to hasteu the 'preparations; but at the same time not without a hope of being a�ble to avert the calamities of the impending conflict by amicable and honorahle negociation with the invader. In this reasonable cxpl'cta .. tion however, H F.. was disappointed; the work of peace was reserved for a more happy negociator. After a fruitless attempt to persuade the Spanbrdp to retire bl'yond the Sabine until the dif;t)utcd boundlrr fhould be settled by their respective governments-Claiborne became :impatient for the conflict, which to him thell appeared inevitable. His intcntion was to dislodge the enemy before they could be fur.. ther reinforced. And an attaCk would have been immediatr:ly made 011 the Spanish camp, had 1I0t General \Vilkinson's pr('\'ioliS ordcrs to the regular troops directed them to act on the defensive only until his anivaJ. W'hether the!c orders were dictated by the General's jeal�Ollry, or his distnlst of Claibome'$ military qualifications, or whether 9
called upon, and a scene ensued almost too ridiculous to be gravely related. Two regiments and a part of a third were paraded in one of the suburbs. The officers, commanding these regiments, addressd each his own corps, briefly mentioned the object for which they were assembled , and without any previous arrangement or understanding with the citizens generally ; it was signified to them unexpectedly on the spot, that those who volunteered should stand fast, and those unwilling to serve fall back some paces in the rear ; a manoeurve both novel and awkward in the extreme. Unluckily, neither the addresses or the directions, with which they concluded, were distinctly heard or well understood in the line. The general impression was, that the volunteers, as is usual on such occasions, were directed to advance some paces in front. Accordingly not a man quitted his ground and the officers, either mistaking, or affecting to mistake,this standing fast of the whole as indicative of their una alacrity to serve,incontinently conveyed to the governor the glad tidings, that the militia had to a man volunteered. Incredible as this must have appeared, Claiborne was too much delighted with the intellIgence to admit a doubt of its truth. Immediately afterwards, in full uniform, and accompanicd by several officers of his staff he repaired to the place of rendezvous; and riding in the centre of a hollow square that had been formed to receive him, he saluted the three regiments with great complacency, paid them a short compliment on their patriotism, in an audible voice, acctpttd their services and retired.
Even to those who understood the English language, this unexpected condescension of his excellency was not at first perfectly intelligible ; and their French and Spanish fellow-citizens were of course still more ignorant of the honor intended them: for the Governor spoke in English only. For the better information of the public, however, on a point so necessary to be understood, at least by those whose personal services were required, an extra Gazette was quickly afterwards struck off, announcing the unanimous offer of the militia of the city and suburbs to serve on the frontiers.If report spoke truth the Governor would not be undeceived, until he had dispatched an express to the city of Washington,with the same agreeable information. An hour however, had scarcely passed, before the citizens from all quarters, swarmed around the government house to set his Excellellcy right as to the unlucky mistake which he had made. For sometime he defended himself with great dexterity and Courage, until overpowered by numbers, he was at last compelled to surrender his point. As many of the Gazettes as could be found were called in and suppressed; and as little as possible was afterwards said about the expedition, Fortunately, in a few days, the successful termination of Wilkilnson's negociation with the Spaniards was known at New Orleans; and there being no longer any ostensible necessity for the services of the miiitia, Claiborne was spared the mortification of a public ecclaircissement on the subject of their volunteering. All apprehension of molestation from the Spaniards being thus removed, the inhabitants of New-Orleans learned with pleasure, that General Wilkinson, to whom the country was apparently so much indebted, proposed to pass the winter in that city, with his lady. Accordingly, on his arrival,which took. place about the 25th of November, he was recievede by society,generally, with distinguishhed attention. The politeness of the clt1zens on thts occasion, was afterwards used in the United States as evidence of the great popularity of the General at a subsequent period, when, in reality, such attentions were not paid to him; when the people, no longer assured even of internal peace, awaiting in silence the issue of the fearful events of the day, wlthout any disposition to trouble with unseasonable compliment, a government of such equivocal character, as that which Wilkinson and Claiborne were establishing in the country. The first symptoms of uneasiness at New_Orleans, were occasioned by news from Natches, that the General on his return from the Sabine, had required of Mr.Meade, the Secretary and then acting Governor of the Missisippi teritory, five hundred militia, to proceed to New-Orleans. Mr. Mede desired to know the object for which the requistion was made. This the General refused to communicate. And Mr. Meade, either suspecting conduct thus mysterious, or offended at the General's want of confidence in him, would not furnish the men. It appeared extraordinary in the extreme, after amicable adjustment of the difficulties on the frontier, that General Wilkinson, With a respectable body of regular troops already under his command, should require a reinforcement at Natches to proceed to New-Orleans; where the militia were already numerous, and many were well armed and disciplined. As yet, the supposed designs of Col. Burr were unheard of at New-Orleans; and conjecture was tortured in vain to discover the enemy. A rumor indeed, was at one time breathed, that an insurrection in the western country had either taken place, or was apprehended. But this was generally disbelieved. Many in the city were well acquainted With the people of the western states, the firmness of their attachment to the existing government, and devotion to the present administration in particular.Most of those persons had recently received letters in the usual course of established confidence with that country, and nothing of disaffection was hinted at. It was besides objected to the report, that if an attack were apprehepded from above, the General, instead of weakening Natches by drawing off the militia, would rather have thrown additional force into that territory ; and instead of descending with the whole of his army to New-Orleans, where the river is a wide sheet of water with a low and flat country on both sides, that he would rather have availed himself of the many heights, narrows, inlands and other interesting points on the Missisippi above Natches, where a small party might, from advantage of position, successfully dispute the passage of a considerable force. The city could derive no security from the abandonment of the country above it. On the contrary, the invader, after having possessed himself of the Missisippi teritory, the fort and settlement of Baton Rouge, and both banks of the river from thence to New-Orleans, and exhausted these rich and populous tracts of country of the resources in which they abound, would descend so powerfully reinforced, euipped and provided, that there could be but little hope of protecting the city from a speedy participation in the general calamity. It was therefore confidently believed, for several days, (except by those immediately in the confidence of the General) that his measures were directed against some foreign foe; possibly against the Spaniards, of whose sincerity in pacific dispositions, few were as yet thoroughly convinced. In the mean time, workmen made their appearance on some of the old and ill-contrived mtlitary works, which had long been suffered to fall into decay in the city of New-Orleans. Contracts were entered into to supply a sufficiency of pickets to enclose the whole town towards the land, and various other articles used in fortifying; and works were undertaken which, according to the shortest possible calculation, could not have been compleled in less than a year. One circumstance was remarkable in these contracts, that instead of being publicly offered as usual, to those who would engage on the best terms, they were entered into privately; and every transaction respecting them has been kept so studiously from the public eye, that it is doubtful whether the real contractors are yet certainly known. And it is very generally believed that the terms throughout have been unfavorabJe to the government. The fortifications contemplated by General Wilkinson deserve attention. The Spanish works were erected when the buildings in the city covered but a small space of ground in the centre, remote all all sides from the fortifications.In the course of time, however, the buildings were extended in all directions, until they reached the works. Some lands above the city were then laid out in a suburb, which was soon built; and in the rear of the town another suburb was gradually formed by buildings extending from tbe city towards the bay on St. John A third suburb has also been within a few years established below the town. And so rapid has been the progress of improvement in these suburbs, that they may now be considered as containing more than a third of the population of the place generally. The works around the old city however, were suffered to remain, or rather the ruins of those works. Though they had not been repaired for many years and were absolutely unserviceable, the parade of rusty guns on rotten carriages, and of sentinels at hingeless gates, was kept up by the Spaniards while they remained in the country. After the Americans took possession of New Orleans, in the winter of 1803-4, the season being unusually cold,and fire wood scarce, the poorer citizens began to demolish the palisades, bridges, gates and chevaux-de-frises on every side; and in a few nights dismantled the city of all its apparent military character. The American commissioners, Claiborne and Wilkinson, affected to be much displeased at the liberties which the people had taken with public property;` though the former, in the true spirit of his political sect, in reality only smiled at the demolition, considering all such artificial modes of defence superfluous under a popular government. Across the ditches and glacis, paths and passages were now made, wherever convenicnce suggested them. The principal gates, or rather gate posts, were pulled down, and the roads widened. After the incorporation of the city in the year 1805, nearly every distinction of city and suburb was unnoticed. And between the old city and the upper suburb a new street was opened, which filled up the fosse, and infringed upon the tottering ramparts of an intervening fort. In this situation General Wilkinson found these works at the end ofthe last year, when he undertook the Herculean task of reinstating them in their former strength. By the Spaniards, these works, extending upwards of two miles in length on the east, west and north sides of the city, had been slowly erected, at a small expense to the king, by the labour of a numerous soldiery, and of convicts. The necessary timber also was then standing under the very walls of the city. To rebuild these works hastily, now required workmen to be hired in great numbers, and at an enormous expense, for the price of labour is very high at New Orleans. And the timber required could not be obtained nearer than West Florida; and had to be transported first from the woods to Lake Ponchartrain, then thirty or forty miles across the lake, and afterwards five or six miles by a bayon and a canal, or by a bayon and a cartage of two miles, to the rear of the city.
This great work however was commenced. From the fort which is already mentioned as intervening between the old city and the upper suburb, a ditch was cut to the river across the principal road, and a rampart thrown up. The new street also which had cut off a part of that fort was now shut up, and the rampart, ditch, &c. were replaced in their former situation. And thus one third of the city became as effectually barricaded out from the rest, as if the enemy were already in possession of the suburb, and its total demolition had been determined on. On the repairs of this fort and the erection of the new works contiguous to it, the principal labour was bestowed, though there was scarcely a line in which the fire of that fort could be directed without destruction to a valuable part of the town. It was evident indeed, from the manner in which the city is now built around it, that this fort was incapable of affording the place any protection against an external enemy. And its refitment on this occasion, therefore naturally excited in the public mind an odious suspicion, that the General's real and immediate object was rather to commalld and overawe the city itself, though with what eventual views few dared to hazard a conjecture. But however the prodigious plans of the General were calculated to inspire the citizens with apprehension, they fortunately had one source of consolation in the miserable and puerile manner in whiclh these plans were carried into execution. The new ditches were so narrow that an active stripling could leap the widest of them with ease ; and the walls or the parapets, as if despising the protection of such ditches, took advantage of every shower of rain to fill them up in several places. Fortunately for the purse of the nation it has not been found necessary to persist in these works. How much money has been already expended on these Shandean experiments of the General is as yet unknown ; hut it is supposed that they have cost the country some hundreds of thousands of dollars.
But to return to the General's arrival at New-Orleans.For some time the citizens were kept, though it is difficult to understand why, completely in the dark as to the object of all these military preparations. Sailors however at length were wanted for the gun boats and other United States' vessels then fitting out, and it became necessary to apply to the merchants for assistance. On the 9th of December last, accordingly a meeting of the merchants and some of the other principal inhabitants was called at the government house, where the Governor and General attended to receive them. Here the citizens were for the first time informed of the dangers to which the country was said to be exposed from the designs and wpposcd armaments of Col. Burr. The speeches of the Governor and General on the occasion, were prepared with art, and delivered with some address. That of the latter in particular had not a liltle merit. With the exception of an affected pathos, and that disposition to excite verbiage, which so peculiarly distinguishes his literary compositions; his address was calculated ingeniously enough to produce the efffect which he had in view, with that class of citizens of which his auditory was almost entirely composed.-These speeches were never accurate1y given in any of the public prints. The substance ofthem is as follows:
STOPPED HERE
j. :�
The Governor first unfolded the object of the General's prepa. rations, namely, to defend the city against a numerous and powerful party, he.lded by u some of the first characters in the Union," which was shortly to descend the river from the western states, with hostile views against the country. He stated the difficulty of manning the armed vessels of the United States then in that port, and concluded by expressing his confidenc(' in the merchants, that they would adopt the best and most immediaLc mea!lures to enable the officers of the navy to procure the necessary hands.
General Wilkinson spoke more at lengtH. He commenced with a tedious detail of the manner in which he had been apprized of the impending danger, and of his own address and ingenuity ill penetrn. ting the mysteries of the conspiracy. He mentioned Col. Burr a$ the companion of his youth, his brother in arms, and bosom friend through life j and concluded with denouncing him as the" arch trait... or" who headed the rebellious expedition. He spoke of the expect~ ed co_operation of the Britfh navy with Col. Burr, and the ultimate destinatiol"Of the expedition to Mexico j but not, as he emphatically ~dded, untIl these adventurers had pllm&rrd tbe Dtmi:s at New-Orleans; seizedth& shipping, and in short, belped tbemselves to rotry Ibillg of wbich a/J army of#'Utn tholfsand me" could stand in Ilred of!
These speeches produced the effect required. The last men. t ioned sentence of the General seized inf>tanlaneously all the whole nervous system of his audience and produced a sudden se nsation, which beggars all description~ The persons present were principally mer. chants j their banks, theit� {hips, even the very goods in their ware _ houses, all menaced w;th the merciless requisitions of 3even thousand hardy and half naked adventurers! Thill was a fhock ror whi.ch they
;leTe wholly unprepared, and pregnant with every thing horrible to,a
15
dlmmercial imagilmtion. There was no time fer delib~ratjoD; nO ihterval allowed for calm discussion of the probable truth or falsehOOd df the alarming inforfnation: Suddenly petrified with astonishment and dread t heir interleet was struck motionless. With beating hearts and pallid countenances they only demanded to know bow they could best contribute to� strengthen the arm of government at the present ~ri9is, against an e:.peditioll so dic.bolically conceived.-At this fa~or�able moment it W'dS proposed that the fhipo in port fhould be detamed and the crews discharged, that they might enter on board of the U�nited States' vessels. The merchants instantly agreed, and an em~ bargo was laid_-And as if it was impossible for them to do tOd much in support of the government at such a perilous seaso.n, .they, on withdrawing from the government house opened a subscnptton at the exchange, for extra bounty and clothing for such seamen. as Ghould go on board of the United States' vessels; and before mght
a large sum was subscribed. . .
Of the embargo on the shipping, it has bee~ saId, t.hat It ~al
tontinued as it begun, only in the acquiescence of the merchants In�
dividuallYt and nOl by the authority of government; tha~ any. one
merchant might, by incurring merely the penalties of public odlllm,
have sent as many vessels as he pleased to sea without opposition from
the government. But this is untrue. For it ~\'as then well undcr~
stood that clearances could not be obtained at the custom-house, dur~
ing tile continuance of the embargo, without the special permission
of the territorial government j and that even after the collector no
longer felt himself authorised to refuse t~em, ~10 outwar~ bound v:s�
sel was suffered to pass the fort on the rIVer Without a Wl'ltten permlS-,
~ion from the Governor or Genera1."" .
It was of course some time before maay recO\'ered from the
sh..ock which they recei ....ed at the government house all the 9th of
December. Some however f01\,nd leisure before long, to collect their
~ be preserved? To obvi ate in Some m~asure this last objection, it wa!. boldly suggested that the wnole of the specie in the banks OUgllt to be immediately embarked on board some armed vessel under the or~ ders ofthe General, ready to put to sea on the arrival of the cxpcdi~ lIon from above. Whether this ingenious proposition originated at head quarters is not known; but from w llCltever SOUTce derived, Ol' with whatever views suggested, it contributed much to excite some serious suspicions of the measures pursued by the government, and confirmed many in the belief that they were founded ill weak. ness or in wickedness, jf not in both. In a few days the embargo was much complained of, as a measure into which the merchants had been unfairly surprised; and many struck their names withindig,natiol1 from the s~bscr,iption list of t:xtra bounty and clothing for the sailors. The reality ot the danger was every where qllcbtion. e? j and nearly all began to turn with disgust from tbc pompoml rllspby of overacted patriotism and needless :tlarnl, by wh ich the offi. ce~ of th~ government wel'e endeavoring to impose on public crc~
duhty. , Among the particulars detailed in the Genenll's communication to the merchants at the govel'llmel1t house, it \Y as positively stated, that 311 a~my of, scven thou,and men had been actoalJy raised, and were then In motion j and ~hat th~ advance guard. consisting of two thous. and men, woul<1 certamly amvc at NatciIcs in eleven aays. All who were capable of a moment's reflection, refused credit to the intdli. gencC'. Betwee~ Nc~v Ol'leans and the western country generally, there passcd continual Intercourse of trade and correspondence, And it was, th~n the season of the yc~r when arrivals from that country w(>re beglllllmg to Occur almost dally. It was therefore cOllsider~d as im. possihle that s? large ~n arllly could, have been even raised there, and much less on Its marc", along the lugh road of all the commt:rce of !hc wcstel'll country, and that nobody in New Orleans should hear of It but General ~i,lkinsoll. Could two thousand men, it was nsked have rcached wlthm eleven days march of Natches, in silence :llld UIl�1 seell, preceded by no information of their approach but that wbieh the General received, no precursive reports? That the General should hazard so p~lpabJe a:l improbability on his own credit alone, could not but eXClte an unusual degree of astonishment in all who bclien!: even ill his cunning, were not that astonishment lost in another mira. cle, that any man of ordinary understandiug could be so much til.:: dupe of his fears, as to give credit to the tale. Nothing !:h?rt of iNformation the most particular and uneqlli\'o~ cal could autho rIse any man t~ sJ;>l'c<:.d so senous alarm through the coun try j and that General Wllkmson had no such information is ev�ident, as it has since appeared that the facts related llt;Ver had ~vell a shadow of existence, except in the fables of the General him~lf, By subseqnent disclo,u~es of his own indeed, it has long since been r~dttced to a moral ,certatllty. that h(> could not at the time h.we be. Ileved the t:tory lumself, He by his Own statements on oath sinc!! that time, acknowledges the receipt of Burr's famous letter in cypher by the hand9 of Mr. Samuel Swartwout, at Nachitoches If early in
17
October." litom this lett~r and his conversations with ~\Vartwout
at that time, he pretcodll to bave learned t he n~ture and Views of the
tlt:pedition in its full extent. . Ifon that occ:m~n, the General had
becn faithful al a citizen or vigilant as a soldier) IS It n,o,t reasonable to
believe at least lhat instructions were given to the mlhtary pos~s un�
der his command Oll the leading water ~ourses, 1,� the propnety ~Id lIOt
suggest itself of using othel' means of Information abot � to ,o~ta1ll !he
earliest intelligence of the ;lctual movement&, of an expedition so Im~
portnnt, if not also preg;]:!tlt with dan~er t~ his country? I s ~~ to be
beliel'ed that he remained. t\VO months mClInO\lS as to the P~~slc?l e-x~
lJtence of that expedition; that with all the means of posit ive Illfor~
mation ill his power. he contented hinl~elf with chance new: an~ ~on�
versations with persons who knew as little of,the actual sJtuat~on of
Colonel Burr as he did himself; and that he hImself was reallr nnpo.
scd on by rumor) which by the way, nobody had heard bllt hunsclf,
on the 9th of December, when he addressed the merchants ? If?e had
really received any credible illteUigence from the upper count~y It u.uat ,.
have told him that there were no arms there: he therefor.: eltht'l' de. cen'cd the merchants by telling them that he had c~rtam aC,colln~~
from t hat country, when in truth he had none, or havlllg had Intelh~
gence from that quarter, misrepresented it mf)gt gross,Iy. ,
, It remains t hen to be asked, ou what authomy did Genc~al
Wilkinson make this communication? On nothing more than till?,
that Colonel Burr, in a letter written early in July, and twp of hIS
friends who had not seen him since that time, told the Gene,ral among
other things, that Col. Burr i,..tcndrd to raise an a~my.' and mttflded to
be with the ad\'nncc guard at Natches by a certam t ime. B~t ~hat
these intentions, if ever they wete conceived, had n?t ~een carned }Bto
effect, must have been as well known to Gen. Wllklilson on the 9th
D ecember as it is now. H ow contemptible therefore must he appear,
thus publicly detected in a wilful falsehoo~, c~lculat.ed, to throw no~
only the territory of Ol'leans, but the mllon lIlto a rumons ,state 0
l"en'Or and confusion; a falshood fabricated with no o,ther view t~lan
t hat of preparing the public mind for the,o~tJnges which h~ medl~a.
Lcd against society and its laws; and exhlbltmg to th~ natton ~ VIO�
lent proof of his affectcd incorl'uptibility and ovel'weamng zeal In the
service of his country. He believed, perhap~ that sho~ld he aUe,mpt
Jli:; lawless career at New~OrlcansJ without due precaution) he, m'i?ht
there find a sufficiency of public spirit as \~Cn as of,f~rce to resist him.
lIe determined therefore to commcnce With .paralt!Hng the, one, and
if l)ossiblc getting the other iot" his own hands j, a.nd for thIS p,urpo~e
he suddenly iut roduced the pretended dan1~er \~l the most glganuc
form possible j and least the citizens should. take time even to breathe,
he announced th~ monstwr OIl jl.l.st ~t hand, ready to de ...our them. In
this scandalous impo3i'tion on the public he was but toO successful at
li.rst. Society was panic struck at the il~te!ligcllcc ; and r,e~son and
rcf:cction wCl'e [01' Ihe mornent drowned III th.: pomp of mlhtary pa~
!:;~dc, ()r hurried aw.. y in the bustle of w.!rlike pr.::paration.
The public mind lu\\'in~ been thus artfuHy wrought up to tl~e
>le(l"s'..::,ry pitch Qj' agi~atiol'! and 1l.lOlrm, the General c:omtrenced lm
C operations, On tho;: e\'enmg of Sunday, the H,th of December, Doc~
tor Erick Bollman was al'rested by a military guard in the public
6t.r~t8, and aften:ards conducted to some secret place of confinement.
1 his was do~e without evcn the picture of lawful process, or by any
other authomy than that of Generd 'Vilkinson; though the officer
had the weakness to tell Bollman that he arrested hiOi U ill the n:ltne
o~ the U, States." As if in mockery of the laws, that ofli.cer was
\\'Jth~ut dO:lbl, instfl1ctcd, while his sword was drawn against one of
the 1'Ita,I prlllClples of the constitution, to profane the sacred name of
the natiOn by stamping it in the crime, '
On thc e\'elling of the 15th, Mr, James Alexander, a counsellor
at law, applied in behalf of Bollman to Judge Sprigg, fo r iI writ of
~labeas corpu.$, This is an important writ, but olle,the nature of whick
IS wl.,lI urderstood It is particularly well known that delay will of~
ten and may illwaY3 defeat, In this writ also there is this peculiar ex~
ccllenc~, that even when it issues irregularly, improperly or without
cause, It ,does no , mischief; it deprives no mall of liberty, aud puts
n,o.lIe t? inconvenience but tholle who .lpply for it. Hence it is that
tnIS Writ D,ugh,t never to be refused or even dolayed, not oll ly when It
re$'td~r affida~lt, but when evell a credible suggestion supp6rts the ap~
plication for a, ~udge,Sprigg however, was unwming to .. of his own oath in support of the charge. But the General was not prepared to make any affidavit. T he Judges offered to put it in form for him, to write it for bim, and invited him to take a seat on ' the bench, where they might more conveniently receive his insttllC~ lions. But the General declined aU their polite offers. And the Court ha\�ing expre~ sed their regret that so much of H his Excellen~ cy's"� valuable time had, at such a momentous period, been divestec\ from his military vocations, they apologised for the trouble which the writ had given him, and promised, in order to prevent" his E x. cellency's' being again put to BO much inconvenience, that one of the Judges would wait upon him at hill quarters, to recei\'e his affidavite and such other communications as he might wish to make to the ju~ c1iciary of the territory. Will it be credited, that within the territor;"s of the A merican Ullioll~ ~n a COUlt of justice of the highest order, before judges who ' were cltlzens of the United States, that a scene SO humiliating to cv~ cry sentiment of freedom and civic pride has really been acted ! The wl-iter is well aware that he ill an eminent degree hnzards all charac_ ter of veracity in the relation. Dut at least one hundred astoniflhed spectators of the ever.t call testify to its tru th in all its particulars. That the General had no evidence against either Livingston or Alcx~nder i~ now ~ICar, or it would long since have made its ~ppear~ ance m publec, ~avlllg been so often loudly called for, but in vain, by these gentlemen themselves. T hat his sole motive fl)r the '\
publicly, that the etate.lueut was un:rue. This p:.duced an ~xplana~ tion, ill which the abO\fe, cooversatIOn W3S mentioned.; and to t~e great amusement of ~ll present, it appear\!d that the Jocular ~hat In which that cOliversal101I concluded, was the only ground winch the General bad for his clH,leavour to implicate the Judges seriously in the guilt of his own illegal� proceedings.
"The civil institutions of his country" are of course much indebted to General Wilkinson, for his politeness in sa,ying, that he U holds" them in high " reverence" He has served them howe.ver as certain savar-ea are said to serve their idol; . those whose devotion consists in torturing the God which they wot!:lnp. H ow the Gener_ al discovered that t'he constitution had holy attributes/' is an ill�
U
qui,")' which in aU probability wiI.IIong be, made ill va,in. The ab�surdity of this inflated cs:pression IS exceedmgly offenslvc ; for noo-Ittnsc may be indeccl1t ,.
ther apology therefore is necessary ,for ~he re~ark, that t~ "perpetu_ ate the holj" attributes of the constitutIOn agatR..~ the uplifted ann, of violence" is an expression that presents to the mlOd only a c~nfuil,on ofstately words forceu together, the reader can scan:t;ly COllcel\'C WIth what intention, To seize Itpo"", Bollman" is happily exp~ess~d. To tale or arrtsl might suit any ordinary occurrence of CIvil life j but under a government of bayonets, the term u;ze is aptly applied. It suggests to the mind the idea of an arre~t, not un!lkc th~t employ... cd by a tiger springing on his prey, or a kite pouncll1g on Its qu~rry. The threat with which the return concluded, and the profe88ed Qlsre~ gard of the author fo r " standi.ng or ~tat!o,n," a~ord a melanch oly proof of the abject degree to which the Jl~dlclary o~ the cotl~trr mutt htve been humbled. An offender standmg at the .bar of Jllstlce, a~ vowed a gross violation of law and of th~ pcrsona~ hberty of a fellow citizen, and without reprimaud, or even interruptIOn, wa~ 8UlTere~ to threaten an unlimited repetition of the same offe\lce~ whnt:ve~ might be" the standing or station" of those who should IOCIlI' IllS displeas�ure; evidently hinting that even the judges of the court were not
themseh'l'8 secure. On the 15th of Dece mber, it was reported in the city, that there. werc two other prisoners on board of the United States' "'cs'\cls in t1~c river Mr. Swartwout and Peter V. Ogde n, \vho had been arreliteJ l1l the :icinity of Fort Adams; in the'Missisip pi territory, by order of <:aptain John' Shaw, of the United States' navy. who ill this ins~an.cc <\cted in oLedience to an order to that effect from General W t1km_
10:1. These gentlemen, at the time of their arrelit, were on b?ard nf one of the gun hoats on a visit, and were bro\lght down to N~w�Orleans, by an officer's guard~ This arrest occasioned much surptlSe, and no': a little cl1lio~ily, These w:re you ng men of th~ mos~ re. f;pcctable families jn America; and It w;;., but a short tIme 6Ulce
23
S \vartvrQut had b een one of G eneral Wilkinson's ramily at the Sabill/W' and treated as a distinguished favorite. This had been observed by the whole army and all lhe citizens in camp; the General and Swart�wout were iuseparolbl(', A.fter such proofs of familiarity and favor_ itism. Ewartwom's arrest could 1I0t but excite in the public mind some ~xtraordinary sensations. It was not for some time known in what ves;;el or vessels the~e prisollers were confined. But on the evening of the 16th,-it was ascertained that Ogdf;n was on board of the bomb ketch lEtna, then lying in the stream opposite the town. The ne�~essary affida... its being made, Mr, Lcwi:.. Kerr, a counseHor at law, applicd to Judge Workman to aHow a writ of h:1beas corpus in favor of Ogden, The Writ was immediately ~ri'.nted, and ~s soon as pos�~ible aft1.:rlvards scned. AllJ the officers of the navy being as yet unprep:tred for opel! hOSlilitiC9 with the civil authority. and not then legitimately under the command of ' Vilkinscn, Ogden was tbe next day taken by Lieutenant Jones of the 11:1... y. to tbe Jnrlgc's cbambcl"s, and there dismissed; no proof of any offence hlWillg been off'l!rcd against the prisoner, or any lawful authorit y shewn for his detention.
How far the Governor approved of these proceeding!:> all the p:!rt of the General was unknown; he however took no avowed measures in opposition to them, He indeed acknowledgcd., that he had assented to Bollman's arrest; bllt it was ~aid that h.e at fint de_ Died all participation in that of Swartwout and Ogden. He for some time played casuist on the occasion j endeavouring to shelter himself from the responsibility bf the latter arn'sts by disclaiming all knowl_ edge of them, as they never had beeu officially communicated to him. It is however well kno\vn, and can be proved if necessary, that he re. ceived from Swartwout, while in confinement, a letter claiming the protection of the civil authority; of which letter the governQr ne..'~ er took ally notice .�
~ As this ietter has never yet been published.the following-copy ofit is given. " To his Exec!lIcuey Governur Claiborne.
, Ne~,,_Orh'lIl1,on "~aTJt!J&l:dt:hJEttla,Du. 16th, 1806.
U
SIR-The singular manner in which I was taken and have been siuC'e confined by order of Commodure Shaw, has induced me to make this appeal to the t:xeelltive and civit auillorjlics of my coul\try.-On Frid.IY. tnc nth inst, while peaceably descending the Mi13isippi, on my way to NC\I'-Orlcan9, on board of gUll-boat No. [,3, commal)c\ant lieue. B, F, Reid, he informed Ill(: that"he hdd'rt'ceivcu orden to detain me:: a prisoner. I demanded rusaulhor_ ity ; he replied, Commodore Shaw. I toidMr.Re;d I did DO~ know thatgen�tkman as a ci\';1 officer of the government of the U, St:!tes, and cou'tcl uot of COurse obey his orders, Mr Reid observed, th:lt expostu!;,uiun ~r resist:lllce were fruitless; tn:!t his orders were pe-rcmptory j and that force, If neecssarv" must be resorted to. Es.pressiog still f;lrther a dtsire to Iknow whence this s iuglllar conduct arose, Mr, Reid cOllld not or would not satisfy me in any ",tl;er manner than hy�uying, th:1t Com, Shaw ,w~s his au!hority j but that ilrH medi:ltcly on my arriV-J.1 ill New.Orleans, the cause dnd n:lture of ,my deten�ll"n should -b e cxplaiocd,-I havc been here now fcur dap Without any arrest from the eivil authol'ilY, witlwut permission to make ~yse!f l::nown,or to rcctivc the advice aud visits of my friends. Mr. Shaw IIlforms me th:: Gt'-ller �.{ \Vilkinsoll ha5'given orders for my imprisunmcDI, without an.! olhq :!'.!lj\t'lritr than that of Jws own !lame J denwntl t!lcrt'fore 1.'1' fh~ "~~I\~(V~"f:(
�L'he courts howevCNubmittcd with gn.:l\ I'c!uctance to le USUt'�
pations of the General, and began to feel, with some illdignation, the degraded situatioo to which he had reduced tht!ffi The Govt'rnor also, probably from an uncertainty of the light in which these 1l0\'el measures would be viewed at the Federal City, took as yet no open or decided part with the General. The lalter therefore began to think of it, if not nece6sary to his personal safety, at 1:a8t prudcllt, under existing circumstanct!s, to weaken as much as posslble the hands ()f the civil authority, and at the same time strengthen his own. \Vith this view, he made a demand of ~o much of the city militia as were in readiness for service; that is, the battalion of Orleans volun_ teers, consisting ofabout three hundred m ClI, well armed ilnd ;:Ippoint~ ed; in fact the on.\y p .. that this daring act of Gov. Claihorne's was submitted to so general. ly in the battalion. But in the first instance it .....a8 not submitted to universally. And the proceedings against those who were hardy enough tu dissent, shews unequivocally, that this transfer of the bat�talion to , .vilkiuson. was a more opp,rcssive and arbitrary impre6s�~ent than ever was exhibited on Tower hill, or the warve& of\Vap�ptng.
'�hen the book W,IS handed to the companies to be sworn, nine individuals refused to take the oath; alledging that tbey bad not vol�unteered, ang. would not enlist. This occurrence took place on pub�lic p:trade. ia the presence of the whole city. These nine individu .. als were accordingl)" arrested; and a court martial was ordered by Gener.!.i Wilkinson, who had certa; nl)' as yet acquired no lawful ju� risdictiult over the prisoners, to try the recusants on a charge of mutiny and disobedience to his orders. If the proceedings of thin <:ourt mal'tial arc not here detailed with exaotlless, it is to be recol. lected. that the record of those proceedings is not within the reach ofthe writer. Tilt! facts, howeve!' , are substantially as fo11ow3:
VJhether the recusaJlts had counsel on their trial is not known.
The arguments in their favor, however, were obviotls, The battal�
ion of \,o}unteel's were llOt governed by laws diflcrent from those
of
the militia genemlly, except that they had some l)c:Juiiar privileges,
such as (:hoosing their own officers, framing their OWIl by-laws, and
the like. As members of that battalion, they wero! not divested of
any rights enjoyed by other citizens subject to militia .duty.
were liable to be drafted, or wholly ordered into the field,:lS
r.orps of militia, �when called upon by any legislative ~ct of the gener�
'lot ot' rCi:ritoriill g?vermne:1t. ~lld not (lth~rwi5t". That no SUdl 20
,~s ill existence was admitted. It was tberefore delf, that the Gov.: emor could no more force any member of that battalion into the ser~ vice or the United States, than he could impress every citizen in th~ community subject to militia duty. It was therefore tllC opinion of the court martial that the recusants only exercised a right of which. they had not diwstcd themselves, and they were according\y acquitted.
How will the cncrimsoncd blush of indignation bum on the cheek of honour and of patriotism when the result of these proceed_ ings is unfolded! The proceedings and sentence of the court martial were tr,lOsmitted to General Wilkinson, who 10 a rage reversed the sentence, ordl'red the pTi~on('rs into close cOhfiuemcnt and threatened them with cal-o'l1ine-tails, should they not atone for their obstinOll'" by a timely apology, and immediately take the mlths required of them. The drcall of infamous llUnishment prevailed_ T he young men s\lb. mitted and were sworn into the service.
Such facts require no comment. This resembles not the im. Pl'C!:Slnt'llt of British sailors, for that fal1s generally on characters W1Hl ::;c:lrcely fed it aiJ an oppression, persons bred to the sea and vaga~ bonds. It seems rather intended as an humble imitation of Frellck conscription, from the hardships of which, it is shid, no class of soci~ ety is eKempt. But in the French service corporeal punishment is un�known. It is not in France, as it was at New~Orleans, that the backs of freemen and of men of honor can be menaced with the lasb at the capricious nod of every petty tyrant that" struts his hour upon the st2ge!'-Language is too feeble to express the indignan~, m('lan~ choir and mortirying llangs of reflection which such t)'raolllcal wan~ tODtleSS necessarily suggests to libcnll minds, to those woo love their country, alld rcnlly venerate its sacred institutions. It is enough to harrow lip the soul of a freeman with the keenest of resentments, to.' see young men of genteel parentage'and decent education, who arc about entering life with characters unsullied, and in sanguine )'oUlh~ ful hope of honor anel independeuce, cruelly incarcerated for no othw el' crime than a manly assertion of their indisputable rights, harrassed by an unw;nTallted and irregular prosecution before a tribunal to which they were not amenable, denied the benefit of an acquittal,which l1cv(.!rtbe!ess coulclnot be refused to their innocence, alid finally me~ na.ced with indelible di~grnce at a common whipping post, and all this, I:'Iertiy that a little ephemeral despot should have nine men more fOf a few weeks in his train !
The assumption of the command ofthis battalien proved also of singular use to the terrorists from a cause at first possibly nct calcu~ bted on. E.very American printer in .New-Orleant; belonged to :;omf' cOflipany of that battalion. In thio nne neck the'Caligula of Loui.,i�ana, round the vitality of a host of er.emies at his mercy; and of this he triumphantly availed himself to lay violent hands llpon the frce~ dam of the press, that which has ever been justly considered, and em~ Jiliatically styl!!d the palladium of liberty, and to prostratc it in the dust before thl! bayonets of military despotism. The Post OffIce he had before securcd ; .� 60 that little or nothiilg could l'C'ach the citi�
� Ci\ndou.r reqllire~ acknowle<1gmcnt Ilmt no l'. ;:j~�f r .'.i�~:� JI:'18 yet ;lprC~!'"
27
.z.eDS from without that \Vaa not in perfect conformity with the view. and wishes of the new Oligarchy. And to complete the u calm of set;potism" within, the printers were put under martial law. It was jndeed at first expected, that the soldier and the printer would be conA iidcred as distinct characters j that when a printer was serving hi. COUlltry in arms, his press should not, on that account, be shackled with any unusual restrictions. But in this hope the public were de~ c;:eived. The printers were plainly told that the &Oldier'$ back should , mart for the printer's insolence; aod they were particularly warne(! .f that article of war which protects superior officers Crom the calumA ;aies of tho5e un&::r their command. Mr. James M. Bradford, one of the editors of the Orleans GazeUe, and a member of the Orleans troop of horse, attached to the b 28 29
April, the anni....rrsary of the treaty of Pans, of 180S, which had al~
ways before been celebrated with public rejoicings and a pa..
rade and review of the volunteers, the day pas,:;ed unnoticed. All
the weekly and monthly meeting' of the companic3 were discolltinued.
Not '" single uniform was seen in the streets 011 any occasion. In short the battalion was considered as dead, and so probably will re�
main, unless important changes are shortly made in the territorial ad~
ministration. �
. BUl among all the proceedings of the new government, that \vhlch ixcited Illost particular disgust andabhorrcnce was the vile system
of npoinage avowedly adopted for the discover), of disaffected persons.
As perhaps upwards of a dozen depositions, privately taken at New�
Or~eans, and tl'ansmitted by G eneral Wilkinson to the federal gov-.
crnment, have ail'eady appeared in the public prints, the fact is of
course unquestionable. The depositions published however, make but
a small part of those taken. No ,man however unknown, or of little
cons~deratiol1, was refus{'d as an informer. Many indeed who were
publicly lost to reputation. and actually infamous, were received and
even sought for to swell the torrent of infoTnmtion which poured
from all quarters, in multiplied proot of the supposititious disaffection
of tht' COUlJt,ry, and magnifyillg the imaginary dangers of the moment.
T ,he cxpfi'dl(~lIt of taking information &ccret1}', to be used secrcll}r,
without any notice to the individual whose reputation is affected by it,
however pure the motive or patriotic the intentions of those who I"e_
sort t o it. is 'It b<"st unjust, dangerous and cruel j an ell:pedi~nt IlOt
wor~h.>' . of a free govt"rnment and sub.ersiye of the first princ.iplc&
of CIVI} hbertyand equal justice, but one to which none but the most
d~rclmi(~ed tyrannies have ever resOited. In m~ny Europc2n coun_ tnes wlHeh al'e far from bcillg frec, such meant> of informmioll would be epurncd at; means perhaps almost exclusively I'cservcd for the gloomy. cI.1ambers of the inquis.ition, aM the Dyonisian c1o~t:t of Gell.. eral ,":dkll,lSOl~. H ow often maya story be even t:onscientiousl), l-e~ tated, Impbcatlllg an innocent man in crimes for which he could with case e~culpate hirqself bya satisfactory explanation of deceitful appe3r.. ances . But as the officers of the government proceeded at New Or�l~allll, a man was frequelltly accused there, thence denounced at the city of,'Vashington, and publitihed throu<1"hollt the United Statcs as a ConVIcted traitor, six weeks, or event> two months, for the mails are, extrcrt;Jcly irregular, before he knew himself to be even suspected. i'lth such c~utious s~c~ecy was information col~ected, that the mag_ ~trate SOmctlmes adminIstered an oath, and ccrtlfied that the deposi. tlon was Sworn to, without having been permitted to read it.-When power stoops to su~h mean alld disgraceful methods of obtaining its ends, the!"c are but too many among the weak al,d the wicked, who embrace that opportunity of raising themselves to fancied importance for the m~me~t, by embellished disclasme3 of pretended secrets. and Wl13t IS Hili more to be execrated, indulging their private-r~::ent. menU, or a. natural malignity of temper in fabricating tales of dctrac_
, Geo.rgc Polloclc. EFq. a jllSlice of pc::ace at l\Tew�Orleans. ia namtd a~ one of the rn.tgJStlates wIlo thus h:.Jmbly aidelJ in the caUSe or h~J Lev masten.
tion. Thus slander, like the mole, cut reputation at the root unseeu. Mest of the persons injured were first openly attdcked at a great dis_ tance, a9d in-a quarter where they were for the most part unknown ;. where, consequently all advantage of previous character was ullavail~ ing to them, and they had no meanS to meet the blow with the promptitude necessary to repel it.
The effect of these measures on society was stich as they natu� ran}, tended to. No man in New-Orleans felt himself safe; and, ift truth, few escaped suspicion. It was well known, that even loose, unguarded expressions, spo~,tivcly utte-rctl in public or in private, were instantly carried to head qllarters, and there officiously dressed up III the solemn garb of sedition. Neighbours avoided each ~tber reciprocally as spies and traitors, neither could teU why. Pnvate friendship was every whel'c poisoned, and sick with mutual distrust~ The temper of society gcncr ,On nlotion of Mr, Livingston, ordc~;~:I~~~~Jam,s J,~il~~~!~~I~:~'~~m a \?Tlt of h:l,be:u corpus was dircctccl,cofllmanding him 10 bring li p ~hc bodies (If j:\l0<:5 AIeJ:allder and Peter V, Og.dcn, make a furt her :l;nd lIlore explicit return thereto, or shew CdUse on Moud:l.y nen, at the opening of.he COllrt
v, hy an atladlnlCnt sh()ultl lIot issue against him, )
si Fur:[,tr rduT~ ifGmtl'Q/ ~i1L1Jfll, ;" eaft if PritT Y . OgdA.._The undCf_ hgnCd , c'lnll:undlng the armies of the lioiled States, ha~ taken upon himself
t e TC:~llcn~lbILty of arrcsting Peter V. Ogden, on a charge of misprision of
~rcasoll ag:un~t the gOVl!rnmen\ 3!la laws of the Uuit.;:d St:ltes, and 1I;u the honor: tOl~lform tll~ Hon, j.lnles WOI;;mdu. Jlldg'c ofille County of Ol'ltan~! at tfl,~ body ofthl! u iu :Pe~cr Y. O~dcn, is not in Ilis p'Jwl!r. po~~sion. 0;
ustody. N,'w.Orlr,1I1s, Dec. 26, 1806~;);tuc:tI,] l A. WILKINSON. , On :hill ,n:!!1II ].. 1. , Li vingston moved, that a~ nttJchment dn hue 3~ ~',1~15! ~n~~'lier G( lI. J. l,Vilki[l~oll, [The e.'me l'CIIIl'D � .tltd [he: same mOltco. I~.e m--!' J'1 t!'t,. ';{S~ !lf Ml' .r";':";';7nJ~.tJ
/
~ven the sheriff oftl:~ ecmrt was a C2.ptniA in that battallior..'~ A, to any energy in the civil administration of the country, it would ~e ill vain t o look for it perhaps at any time while Claiborne was chIef mauistrate, and still morc hopeless at such" season. Judge Work�zna~, therefore plainly saw, that withont some better prospect of sup�pert, he would only e:-.:pose himself and his court to further indigni. ty by any attempt to enforce process against the General. On the ..fifth of January, he accordingly addressed a letter to the Governor, representing the difficulties of his situation in plain alld manly te~~Ii . If( I deem it my duty," said he in the letter, "before any deCISive measures are pursued against a man who has aU the regular force, an~ in pursuance of your public order~, a great part of that of the tern� tory at his disposal, to ask your excellenc~ whe~her you ~ave the ~~ bility to enfOl'ce the decrees of the COilrt m which I preSide, and ,If JOlt have, whether you will deem it expedient to do it in the present
instance.'~ ,
r To this letter the Judge received no answer. 011 the 12th of tlle same month, he again wrote and enlarged on the same subjec:.�The second letter commenced with saying, " Not hailing recelved any answer to my letter to your ,excellency of the 5th .inst. a~~l COI1�li idc:ring your silence on the subject of it as a proof, In addltlOn, to t hose that prelliously existed, that yOIlT excellency not on1r declines the performance of your dUlies of chief magis~rate of the terntory, but actually supports the lawless measures of its oppre~sol', I ~ave ad�journed the court of the county of Orlea1ls, siTl~ du." To thIS letter the Governor paid no more ilttention than to the first. Andon the .lext day, the Judge addressed the Speaker of the HO,use of ~epre�sentatives, then in session, on the subject; and transnutted copIe,s of his letters to the Goverl1or, togethcl' with the necessary documents relating to General Wilkinson's cOlltcmpt to his eomt, and the ,ad~ journment of it sjll~ dj~, without having issued the ,attachment agams\ 'the General. The .ludge's letters anu representanons were now be�coming troublesome; and accordingly tin the evening of the day af. terwards, the Hth of January. he WilS arre3tcd and confined by Wit. kinson's orders. Being shol'tlY'lft.enqards hberatcd, he wrote two
more letters to the Governor, one of the 25th of January, and the
other of the Ilth of Febfuary, urging hi.m, hut still in vain, to restore
the powers of the civil autholity. But at length, as be observed,
" tinding that he could not eilher by solicitation, re~lo~stra~ce ,or
jnst reprotlch, induce Governor ClaIborne to support htm 111 hnngmp;
General Wilkinson to condign punishment ;" Judge Workman, on
the 23d of Fcbnlary, resigned his oflice. The Judge's letters h3.Ve
been gi"en to the puhlic at length in a pamphlet prilltC:~ at New-Oi'.
lenns last sprlng, and contaill many just and seyere stnctur.::s on the
conduct of General Wilkinson, expressed with elegance al~d force .
Some short' time after the arrest of Ogden and Alexand?r, 2~;.
ruraoce' weI'\! publicly g i\'cn throllgh th~ fri~nds (if Go~crnol' Clal..
4' George T . Ross, Esq, ,ylI" IQ~t ... ... 1"\Ait:'!':lf" '\"1'1:)'1' $f .1',,. ~~~P"t'.~''":i'''~ "fll-i:; couduct It th...t th'C~.
borne, that no more arl'ests of that natm'e should take place. And tbe public attention was again wholly engrossed by the preparations t ben in fon'i"ardneSB, to oppose the arncy of Colonel Burr, whose ad~ vance guard consisting of two thou:;and men,was confidetldy reported by the Gencrnl to have been at the mouth of the Cumberland, under the command of General John Adair, who was represented as' -ished at the high command with which rumor had honored him in Kelltucky, where in fact he had oat been for a great length of time. He took lodgings in a public boarding house, and appeared to be 1n weak h~alth. Adair's _arri~al, which happenc~ on the ].1.tb of Janu Kero's arrest occasIoned some surprise. This gentleman Ilad �.It is r:~narbble tbat all the military arreSI9 at New.Orleans, I(lok
?lac:c Ul the altcrnoon,lIbout dinner time. ' Vhether tbejol!l go:! was at'cl..S a~
Iy to au] of thescou:ngc6 is unknown_ b:een for Eeveral yean fn the habits of intim~tl! friendship ".:ith .Go~-. ernor Claiborne, and ,vas generally-believed to ha\�e been lllgh m hi:'! confidence, and ..-ery serviceable to his government-He was then a colonel in the militia; and it '.vas scarcely a w~ek before, that the important duty of arming the regular mUilia of the city was entrust� ed to him, and for that purpose nearly a thousan,l staml of arms were delivered to hiro from the public stores. It is wdl kuown ,ho_wevcr, that his opinions were unfa\ourablc ttl the measures of W,lkmson ; <1nd that he had strenuously urged the Go\'ernor to oppose th~m .It was even said he made a propo:.ition to the Cuvern~r~ .to aut home bim to place himself at lhe head of a p~r_tr of the m'.htI3~ and arrest Gener,ll \Vilkinson, on h~J own r�JptJlIstbt!ltJ" and slur hIm for the City of '�a~hil\gton. As this dispo!iitioll. il~ Kerr could. ~ot ha\-c been altogethcr unk.nown at head quarterst It IS only sUrPTlsll1g~bat he should have so long remained u1llllolested. A f.::\v. days before. t he Governor int~rlllcd him that some :>ecrct represellta~tOns hHd been made, injurious to his reputalion as a citizelt aml a soldier; cllld Ken' having every reason to bdic\�c .t.h~t the charges cam~ from the c.ene4 ral, demanded his arrest as a mlhtl.aofficer, ~hat he mIght be conflOnt�cd with his accusers, and meet their accuaatt?n.s _open ly before l.l COllrt
martial. He afterwards demanded an exlHbltlOn of these charges s but they nevel-made their appearance, at least in. that shape, and the arrest was taken off without trial. To Kerr's arrest by Wilkinson, it is certain that the Governor h:td not assented; as immediately on he;ll-ing of it, he interced~~ for his release; claiming him as his own prisoner alr~~~y under nnlit,uy arresl by him 3:J commander in chief of the Illlhtla. And on the GenerlI.'s lies;tatiou to comply, the Governor rem?nstrate~ with much spirit against his condu,ct. It ~\'ould have been Illconveme~t to Vlilkinson to break openly wuh the Governor. He therefore Yield�ed to him in this instance. And Col. err and Judge Workman were next morning taken before Judg~ Hall, ~n a writ of habeas cor4 pus, whieh but f?r the ,Governor':! HltcrpOSltton would probably have heen but of httle av,ul.
But all the lords of the forest, when forced to relinquish theit prey, generally indulge their savage temper in at least one OlO~C vengeful gripe before they quit their hold, s? the G~nc:al on t~JS occasion surrend~red his prisoner~, but not wtthout bringing for tne f1rst time inlo the light, what he conceived had jllstill~d their arrest, namely. two secret affidavita which he had for some tIme before. e:\4 torted from the young officers, calculated, as he b~ped, to con~'1!lcl! the public that Kerr and Workman werc engaged. 111 the CO~8pln\cy of Burr_ In his returns to the wrilS abo. he mentioned, as IllY reason for arresting the3e persons, an appr~hel\si~n that they would I.tave at� tempted the reseue of General Adair; wit hout howen-r offenllg any Gth~r proof of that intt'ution, than his own b:ne suspicions.
Thes~ retnrn5 pond affidavits produced at the J lIdge's chambers a ~er.ernl in�;estigation of the politic;t} vicw" of I hese gentlemen for s(>v. eral years bat.:k_ And it now appe~ued that they had b~en members of one of the t:';int~ a~lI~c.iatjo.Jls \'I'hicft were [armed luring the fll'st
l', �
3-1
Sp,U!isli aggressions, and which had for its obj~ct more than the lIlere dcfcll~e of the country; in fact, that this association had contem�plated, should their views be approved-and supported as they expect�
ed, to separate several of the Spanish provinces from that crown.
But it further appeared that this association had been for a vcry con_
siderable time dissolvcd; they having e\'cn previolls to the hte ag_
wessions. abandoned ir. disgust their projeet altogrthcr. And it wall
jn particulat' shewn, to the satisfaction of aU present, whatever the
plans of Colonel Burr l,TI:ght have peen, that this associrltion could
\lot have had ilny matter of concern in them, or connection \\ith their
Ii
from the nppercoulltry, the part.izans of '�i1kinsoll insisted on giv-
IIIg him the credit of having sagaciously discovered a terrible plot;
ilnd it was urg~d, even though these gentlemen were ullconnectcd
with Colonel Bun' or his late treasons, that they had, sometime be-
fort.', committed a distinct. ancl heinous offence I in " setting on foot"
an unallthOl;zed expedition of tucirown.in the course ofa former year,
against the Spimish possessions. And thus what a few months back
would have bt'cll universally respected as a patriotic cnterplize, high_
ly hon?rable to all cOI1t:erned in it, was now not only denieu any kind
of men~, b~t actually sunk in~o a crime., A proseclItion according�
ly was lI1stltuted,; but ended In the acqmttal of the accused. It is
unnecessary to give any dl.!tail of the trial, as it has been already rc~
ported and published.
This trial gave OCCalUOll to a discu:ision on which many took. opposite Gides. and doubtless with e'pml sincerity. Private associa I tlOns, such as that of which K~rr and 'Vorkman were members, were cOllside,rcd by some from a m~'~. odious ~y*~", of colonial bondage, eonce"iV"cd in tyrllntly, and l1t~r~cd !n fear, 19l!or~nce ilf!d ,,:,eakncs~. The project may have been vIsIOnary. or be consld('fcd as unpractlcable. But it does credit a.~ least to the .hearts that ~varmed in the: canse j and only required, liKe the AmerICan revQlutlon, the sanctton.of !!uccess, to reflect im. mortal honor on all engaged in .it. Go;!'n. Wilkinson therefore utter. , Iy failed. ill hi;; malicious attempt to confound this project with the wretched plans of plunder and trCZ$on, with which he had terrified the too credulous inhabitants of New-Orleans; and the accused were both acquitted, much to the satisfaction of their fcHow citizens gen.
=~ .
About this time, or mthcr earlier, Gen. \Vilkinson wishing to try
how far even the laws themselves might be made an additional instru.
ment of l,;rror in hi.. ,llands, and by no means discO\Jnlgcd by tliis
first essay lit the supel'lOr Court, though somewhat embarrassed there
?y tht' necesai~y ?f specific affidavits, he applied to the United States
Judge of thl' dl:o:tl!Ct, to hoM a special court, and summon a jury, ,HI he
lw.d some important accu~atioll ~o lay before tllcm He expected.
probably, t llat closeted wllh a Jury, who were not lawyers, and I!O
longer under t he eye, or immediate contr!=lUl of the court, he could
perfor~n his :volutions with less restraint, and more easily impose on
credulsty wlth testimony of an illegal or equivocalnaturc. But he
'~as (llmble to convince the judge that the meaSUre was at lhat time elthel' neceosary or proper.
He then ?pplied to the sup,erior court of the territory, to summon:
an extra~rd!!H!..ry.gra~djurf for the same purpose; though froUl the
want ofYlTIsdict,o).n III thl~ cou:t over offellces against the United
States, 1t was obvIOUS that 111 thIS step he had some other view th,m
that ofll'gally convicting any of the dt>linquents whom he had to ac� cuse 1'h7 judg:e~ of thiG court proved more obl igiTlg than the Un i�
ted States Judge. And a grand jury being summoned and impal1l1cl_
lcd, th~yw('re charged by the court to inqnire of all offc-nccs against
the Ulllted States, as well as those against the t~rritory. It was ac_
knowledged that the COUrt had no ult imat(, jurisdiction 0\'('1' the for_
mer ; bllt .it was suggested that possibly the grand jury had; an~
tha~.after bll1s orprCRentments of that na~Ul-e ha~ been fou nd, it wou ld
be tunc enough for the Court to determme what ollght to be dOIle" wi~h them. . The grand jury having retired, the Gen~ral , Oil a day fixed for the purpose, prescntil.lg himself to them with a speech as usual, his dccyphcrcd letter winch he before n;ad to the COlllt, his intercepted cOl're8~ol1dence, ~ome of it in cypher still undccyphered, his file of affidavits ;l.n d other documcnts. The particulars of what passed in the grnnd jUl'Y room must of COllrse he unknown elsewhere. The re~ I suIt h()we~'er .w3S, that Of] l~c.24th o~ January, the grand jury pre_ sented BngaG.lel' General 'Vllbnson, hiS adherents arid ad\'isers iilthe
followin;.; words:
". III otddition t? thc~bills of jndictment now preferred by tl.e
grand JUtr, for the cl~y ,lIle county of OrIe"n,> they feel tbemsd\;Qf. 37
1mperiously called UpOD to present .as a mo~t.dangerous a.nd al.ar~ing evil, the late unprecedented e:r.:erClse of mIlitary power In dm City. ~hey have seen with no less astonishment than grief the laws and ~Le civil authority prostrated before ;l military force. They have !een the citizens of the United Stiltes and of lhis terri lOry seized up� on and imprisonetl by that force, and deprived of the benefit of that great bulwark. of civil liberty, the writ of habeas corpus. Nay moreJ they ha\'c ~t:cn the gClIeral commanding the American army, come before this honorable court, and openly avow such illegal acts, and declare he would perseverl! in them. And to this grand jury the same general has ackllOwlt'dged the commission of such acts, and sought to justify thcm, by allcdb'ing that they were previously .advis~ cd or approved. by the Guvemor and two of the Judg:s of tillS tel'_ !itol'Y. Whoever his advisers were, we hold such adVIce, onder e~.. isting ci!'cnmstal!CeS, as a total de-riliction of allrcgard to the consti_ t ut ion itnd laws orthe United .st , uli'lJt; the fi~t instance of forbearance in this respect ever known un. der the administration of Gov. Claiborne; whose love of trite dis~ plays of political elocution is exceeded only by his inordinate appetite for the aromatic offerings of panegyric, to Wllich, he only conceives, ,uch pillliotism, and sllch talents so eminently entitlo;:-him in return. Against the officers of government and their measures.ho\\�c\'er, were thelegislaturewere by no Illeansprepared to take any decided stf'ps. There were ce.tainly some men of indepcudence perlwps in both hOlls~ �'8 ; but there also were some few who had not got over their prcpos~ :oe51Sions respecting the threatened insurrection, nnd were root perfectly assured that the danger was yet over; tho!le in fact who had front the fir~t credited ' �i1kinson, without consulting their undel�standings, :md still per(;i~ted to believe in him rat he.� ;IS a matter of faith than of reason. Many also were deterred from avowed opposition to \Vilki n-:' sou, by an appl�ehen5ion justified by experience, that howcvcr pure their motives. they might be subjected to a sllspicion of being friendly to the dCSiiglls attributed to Burr. And these catlses co~operaling with the influrncc which the ext:cuti.e Ilccessarily derived frolll its patron:lge," a dct;ided opposition to the government coulJ not be
, expected. In pursuance of the rl!golution of the lower hous(:, a me. morial to congn'ss was prepared br a select committee, rcspening the ::Iituation of the country; but witJl 60 much boldnesl of design alld
I> The ~.tlotaey genel�al W:l~ :I memher of the lower hou,t:, not to mention s~vcl"al clc-rks of tlie caul t~, 9her;!1;. COIll1t!y jud~(5, &c. Tit!: 111;\Y01' of til e city aho, dottor Jolin \V>l.rkim. w;).! the r,pe;).ker of that house; but au warn ~ i I
Federal City Row to act,. now openly defended the measures of '�ilkinsoll, and even acknowledged a participation in them, as was be~ lieved, far beyond the truth. Though rather late in the season, he pow manifested a decided disposition, before the opportunity should be al. together lost, to surprise the world with an energy of character which he was not generally suspected of, by piaring the tyrant a little him .. self j his first effort was to prevail on the legislature. while in session, to flUspeRd by law the operation of the writ of habeas corpus j preparatory no doubt to some bold measurcs he was determined the public e)\igen~ cy should require j although, as has been since proved, the country could be saved without them. The communication to the I{'gislature on the subject was a curio$ity. It was received anJ re ,
That the government after having alre,:dy arresteJ. morc than a score of citizens at different times. wit hout any civil proct"s!l-; ancI lVithol1t ceremony transporlctl live of them to the United Stiltes. 6houJ,j become suddenly so squeamish "hollt the seizure of Oll'~ solitary ~otlspilOl~(lI" niore,cAhibited. a truly ludicl"ou~ picture oftheir ill>;illcerily ami wf:akn.ess; insincerity in nllcdging that snch alone WlS the objec~
-The Presideol's p(�odamation a.gniuit Burr had u ..cil(;dN.Oric:.n! :ttoout the 6th of Jalluary.but produced no C'tlrlordimu"y 5CIl!..'\linn there. So hr u Burl"'~ desi.5n~ were con.:ti\�cd againn ]\,lc:':lco, they c:!:..;iu:d no m;mner (If uneastnes<, 1t indeed surprised the gOllli pco1='Je ofLo\li~i:>nfl, nl,t d litlk fO find t,he gov� erllmCllt $i" e;trcme!y lloliciwllS ;'!lU\lt {he ttrriwri(s~(\f their lJ~:->l.b"u,~ ;1 l't\:< b:1\'ing ~'wwa '11 ' mll~1) i.ll� ~,r:nc!" 21 .'J :!,e p7Ne~ti(.'n 0: tbt:': ,)w/,
40
of the prdposal, nnd weakness in it'ldulging:l hope that allY one coulJ
be fo r a moment decei~'ed by it.
The truth is, that the p~.sons to be arrested were numerous and
well known in the city, as men marked for defOtructiou. But the gOY.
crnment had secured a majorit)" in both house;; in favor of the bill;
and it was expected to pass wit bout delay. Even the d"y when it
was to be f:nally approved of and become a law, was calculated with
confidence Orders wert! already issued to the troop of horse to as� semble on the c"ening of the day" after dusk" at the General's qtl:lr�
tel's; am} the rest of the mil-itia were ordered to be under arms carl V'
on the following morning. It is not ea~y [0 conjectuic the IIumbel:fj
which in the Coune of that night were dooI:l~cd with' one fell swoop'
~o be h urried iuto rlungcons.
All prospect of am~$ting the bill in its progress through the legislature seemed hopd es!!. The letter and spirit of the COrlSlitutiuQ
~l1d of the ordinallcc of the tCl'ri tory. were in vain urged against it�.
T hough there was no invasioll, no insurrection villible, or even ttlet'lsllres. Concci,�cd himself invited, tho' on what ground. is un.. Ir
Known, to join the Americans against tbe comlDon enemy, he .present..
ed hitn,clf at the mouth of the bayoll St. John, about five null'S from
the city of New.Orleans, with an .army of three h\J~dred rnell, and
lI10destly pmposed to march the~ Il1 to to~vn, on t~elr wa}: back to
Baton Rouge, through the American tcrntory. ~ he sentiments of
Wilklt1son on-this proposition are known. Clalbornc, however,
would not permit the Spanish troops to laud; and Folch proceeded
to Baton Rouge, by the way of the lakes." .
As the publication propose~ only a det~ll of events that occ~ra
red in the city of New-Orleans, little else of Importance now remams
to be related. The com pending outrages and follies that were at the
/}arne t in'ie e~hibited in other places, have for the same reason been for
,. About the l~ttcf end of February, Captain Walter 13urling, a respectable
pb.nter,who resided near Nalche5,arriv(.'d at ~e~ Orl,ean~ from La Vua Cruz.
This gentleman had been one of GenC'r~1 v.~ l l~lnsol~ s I:
I
Ii , I
4~l
The conduct of Captain 1Calteison, withl)l)t doubt, hal its ad ...o. cates; for what political crime can he comlJlitted, ~\'hieh some in tht! United States, hav.: IJot ill some time or other endeavoured. to justify? That hOWC\�CI, which in Wilkinson was an ofrence, cannot becomc a virtue in his subaltern. Tbe offi.!;crs at t~e fort, appr\.!�hending some difficulties with the civil alllho.~ty, embarked Bollman . privately ..in the middle of the night, on board of a revenuc schooner, in which, on th~ Z2d of Janu:lry, he arrived at Annapolis, and was, 6n the same day, sent. to the Cit)'1,f VIashington, and there deli\�cl'~ ed into the custody or Colonel Whal�ton, and confmed in the marine barracks.
On the nest dar, if not sooner, the ex.eclltive appear to have lind knowledge of Bollman's confUlemcnt ; and that the confinement "'.1S a military and an iIleg~1 one. Thi~ is proved by a letter of that date from the Secretary at War to Colonel ' Vliarton, directing him to surrender his prisoller, when uemai,Acd. by the marahal of the dis_ trict ; anu thus obliquely instracting him to detain that prisoner witho'lt any legal authority, until it should please govemment to F.cud the marshal for him; and Bollman accordingly remained ill con_ finement until t he ~7dl, when he W 45
rC'Conduct~d by the aatlle officer tq Iii, prison. And from the !�l1P~ prison he on thp. next day entered into ... correspondence with the fresident at the President S OWII solicitation. � 'Ve should cease per_ l.iI: �plracy, as evidence of commiuion of certaig ~'I)ert {lcts of treasoo, by person! connected with the prisoneN in some political &cherne; in ~hort9 taking as jaels prowd what have since proved to be tbe "m..
haps to exclaim againn the enormities of 'Vilkinsoll, since even the r~l)reuntal;ons of these instruments,-the Court committed the prison..
~hresbold of supreme magistracy has been voluntarily polluted bY. tril for treason. They accordingly remained separately confined in
the un!lallowcd foo tstep pf lawles! military violcl~ce in approve~ c old, narrow, uncomfortable and unwholesome celis, until the 21&t of
POssclIs,all of all oppressed and unprotected citi7.en. F ebruary. when being brought before the Supreme Court of the U ni.
Swarty(out,who arrived iJ-t Annapolis <\1 the same tim~ with Boll.. t ed Stares. on a writ of habeas corpus, the evidence against them was
'!lan, and in like manner ~nt to "Vashington, and confined in the rna. held to be totally insufficient to charge them wit h any ,crime, and
rille barracks, af(cr having been landed at New-Orleans, from the they were dismissed without baiL
k~tch ~tnaJ he was sent rlO\vn to fort Philip. on the Missisippi, about� Mr. A.lexander has already given to the public, a spirited and well
sixty miles below the city. Previous to sc~tjng out, he demanded to writtell appeal to his country, a full account of his an�est and tJ'3ns"
know whith~r ~e \~' as to be ~arried; but the office r qf the guard re. fused to satisfy 1l1m, And Swartwout cpnceiving, that he had th~ portation to B altimore ; where, it is now sufficient to add, he also wa.'l rdeased by a habeas corpu;, and discharged without bail.
most to fear from a de6~inatioll thus mysteriO~lsl}' COllCt:~I I(>d from him, General Adair, who was arrested at N . O rleans, on the 14th of
pushed s,udd~.dy ~Y the ~llanl a!ld attempted to effect his escape. January, was kept a close prisoner in the b arrackR, until a little after
~he soldiers w{"rc unmeciTatcly prdered to fire after him, and f; evcr:1! midnight, when he was tlJk('n down to fort St. Philip, and there dc~
~)lCCC8 were accordingly levelled; but owiug to the dampness of the tained until the following night�about the slime hour, when he was
" 'Cathel', t,he g.ul1 ~ either missed I,re or flashed, ill t he pan. O ne only, again removed to an uninhat>ited place in the swamps, about twenty
ofreI' hangm g hre, went off, but fQrtun:ltcly WIthout doing-mischief.i� miles lower down, and there concealed in th e weeds. '\Vt' length appeared, on legal and dispassionate inquiry, that there did n~t exist ~ p'lrticle of testimony proving even the probability of ,l enme agalllst any olle of these five pen;ccuted individuals; who were accordingly discharged and suffered to proceed, each as he could. to t!u~jr re,p('cti~e homest withont any manner of indemnity for til('ir losses or slIffen'lgs, or nny prospect of such indemnity. except such as the law m3~ vainly :!.ward to them Ollt of the gold laced pockets of ~ b3n~�rupt tn for~llne as wi'll as reputation; nay, instead of the ~atll;fnctlOn of knowmg that the author of their perseclltion$ \\ould be brought to puniahment, they have had th<; mortification to lind r.ven the government it:.df in a great degree accessary to his guilt.
But to ret~rn t,o New.Orleans. The e~traordinary scelles there, wen~ flOW drawmg t tl{JnS for a dd~nslve S wdl as an offc nti\'c war. Sensible of the Inany heavy and jlcrilDus responsihilities to which he had subjected himself) and tl?e necessity h~ would he under of defendin~ positions hl'rt!tofore uOIv.:rsally cOllsldered as untenable, he determined to Atrengthc!l bimself as well as p06~ibb on e\'ery sice. III this 6itu~. lion of his affain a projer.t was suggested truiy worth), of the despe-�rate game ~l"hich he had beell playing ; one that would ha,e occllrred to few so cIrcumstanced, and in which the consummate effrontery and peculiar genius of this man alone perhaps could hope for sllccess. 'VI'cll aware of the infl\1ence of popular opinion with the present admil\ililn~_ ti,on, a,nd that it is admilled, not only as conclusive e ....idence of iodi. VIdual worth, but even as the test of abstract truth ; and that the voice of. the multitude not only Ilupcrsedes the authority of
48 who depended for subsistenc~ on lucrative offices which tl1ey hold un..
der the govern1!lent. 'if< These place-men are very numerous in Nl'\v~
Orleans. And as more than one had been lately removed from office
avowedly for the opposition which they gave to G eneral Wilkinson,
few that remained in place were willing to hazard ,ny measure at aU
calculated to excite a suspicion of their disaffecti9n. . If then to the
list be added, as is ever the case on such occasions, a multitude of
names lhtle known or scarcely before heard of, the signature of that
dass of men who ' sign almost ~ny thing under the influence of exam�
ple they know not and they care not why, and of the many in the
lower walks of life, who are proud of the opportunity o~ mingling
for once with their betters, it will cease to be a mattet of surprize
that among a population of fifteen tho~::;and SQuls,t consisVng p\,!r�
haps of the most 'heterogeno~s assemblage of various nations and
complexions ever known, the arts of General Wilkinson, and the in�
dustry of his partizans were able to procure one hundred and fifty
names to a paper which he conceived of such importance to his fu.
ture fate' in life. It i3 wonderful only that the number Was so
small. That several gentlemen of we.alth and character were among the / addressers cannot be denied. The best of meo are sometimes most
. easily im.posed on. And ro-o~t of that description on the list may�perhaps be truly said to be indebted for their respectab '1ity to quali. ties of more sterling value than mere brilliancy of intellect. ~nd it is a fact eminently beyond the possibility of question, that the men of propriety, independence. reputation and weight in society, who aid not nor would n~t dishonestly lend their names to tbis miserable trick, outnul!lbered the ac~ual signatures beyond aU calculation.
Thus having been, during six busy months, an object success�ively ofdistrust, terror, hatred and ridicule, the General,twith a strang
t The popuJati~n of the city of~e",-Orlea::l$,lluburbs and country immedi* :?oldy in the vicinity.
"
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Cable, George Washington. "Posson Jone'" and P�re Rapha�l: With a New Word Setting Forth How and Why the Two Tales Are One. Illus. Stanley M. Arthurs. New York: Charles Scribner's Sons, 1909. Google Books. Web. 27 Feb. 2012. <http://books. google.com/books?id=bzhLAAAAIAAJ>. Notes
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