USA > Louisiana > The history of Louisiana : from the earliest period, Volume II > Part 18
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Claiborne had been desirous of making an imme- diate attack on Herrera's camp; but the force he could command was insufficient, and the officer who com- manded the garrison, had orders to avoid a resort to offensive measures till the arrival of the general. The two chiefs met at Alexandria; Claiborne returned to New-Orleans, in order to take measures for hold- ing the militia of the territory in readiness, and Wil- · kinson proceeded to Natchitoches.
On the twenty-fourth, he despatched Cushing to Nacogdoches with a communication to Cordero, couched in the style recommended by the secretary of war, and demanded the immediate removal of the Spanish troops to the west of the Sabine. Cordero replied he would transmit the communication to the captain general, without whose orders, he could not act. On this Wilkinson informed him, the troops of the United States would march to the Sabine -- that
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the sole object of this movement was to settle the boundary, claimed by his government, and that it was without any hostile intention against the troops of Spain, or her territory; this march being rendered essential by some of Herrera's late movements, and the position newly taken by some of the troops, im- mediately under Cordero's orders, close on the wes- tern bank of the Sabine, within sixty miles from Natchitoches.
In the meanwhile, the president of the United States had received information, that designs were in agitation in the western states, unlawful and un- friendly to the peace of the union; and that the prime mover of them was Burr, the late vice president of the United States, 'The grounds of that information being inconclusive, the object uncertain, and the fidelity of the western states known to be firm, no immediate step was taken. A rumor was gaining ground, that a numerous and powerful association, extending from New-York, through the western states, to the gulf of Mexico had been formed -- that eight or ten thousand men were to rendezvous in New-Orleans, at no dis- tant period, and from thence, with the co-operation of a naval force, follow Burr to Vera Cruz-that agents from Mexico had come to Philadelphia, during the summer, and had given assurances that the landing of the expedition would be followed by such an imme- diate and general insurrection, as would ensure the subversion of the existing government, and silence all opposition within a very few weeks-that a part of the association would descend the Alleghany river, and the first general rendezvous would be at the rapids of the Ohio towards the twentieth of October, and from thence the aggregate force was to proceed, in light boats, with the utmost velocity, to New-Orleans, un-
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der an expectation of being joined on the route by men raised in the state of Tennessee and other quar- ters.
It was said that the maritime co-operation relied on, was from a British squadron in the West Indies; that active and influential characters had been engaged in making preparations for six or eight months past, which were in such a state of readiness, that it was expected the van would reach New-Orleans in De- cember, when it was expected the necessary organiza- tion and equipment would be completed with such promptitude, that the expedition would leave the Mis- sissippi towards the first of February ; it was also ad- ded, that the revolt of the slaves, along the river, was depended upon as an auxiliary measure, and that the seizure of the money in the vaults of the banks in New- Orleans, was relied on to supply the funds necessary to carry on the enterprise.
Giving full credit to these reports, Wilkinson deter- termined on making the best arrangement he could with the Spaniards, in order that he might descend to New-Orleans, with the greatest part of his force. Accordingly on the twenty-ninth of October, being on his march to the Sabine, he sent Burling, one of his aids-de-camp, to Cordero, with a written message, proposing that, without yielding a pretension, ceding a right, or interfering with discussions which belonged to their superiors, the state of things, at the delivery and possession of the province to the United States, should be restored by the withdrawal of the troops of both governments, from the advanced posts they occupied, to those of Nacogdoches and Natchitoches. respectively. He proposed that Cordero's accession to this proposal should be conclusive, and promised to begin his retrogade march on the day the Spanish
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camp, on the right bank of the Sabine, should be broken up, under a stipulation that the troops of the United States should not cross Arrojo Hondo, as long as those of Spain should not the Sabine, or until further orders were given by their respective governments.
Cordero assured Burling that Wilkinson's propo- sition entirely met his views; but he added, his hands were tied by the captain generals' orders, whom he was bound to consult. Burling had been furnished with a copy of the message to Cordero, which he had 'on his way left with Herrera, who on his return, in- formed him, that the officer next in command would, on the next day, visit Wilkinson, and every thing should be arranged. It appears that Herrera was less punctilious than Cordero; for on the following day, the officer brought to Wilkinson, Herrera's as- sent to his proposition.
On the fifth of November, Wilkinson, having re- ceived information, that the Spanish camp, on the Sabine, would be broken up on that day, began his march towards Natchitoches. Immediately on his arrival there, he directed Porter to proceed to New- Orleans, with the utmost expedition, and to repair, mount and equip for service every piece of ordnance in the city, to employ all hands in preparing shells, grape, canister and musket cartridges with buck shot, to have every field piece ready, with hose, harness and drag ropes, and to mount six or eight battering can- nons on fort St. Charles and fort St. Louis, below and above the city, and along its front, flanks and rear.
In the meanwhile, the president of the United States began to perceive the object of the conspiracy; but his information was so blended and involved in mystery, that nothing certain could be sought out for
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pursuit. In this state of uncertainty he thought it best to order to the field of action, a person in whose integrity, reliance and confidence could be placed, with instructions to investigate the plot going on, to enter into conferences (for which he was furnished with sufficient credentials) with the civil and military officers of the western states, and with their aid to call on the spot, whatever should become necessary to discover the designs of the conspirators, arrest their means, bring their persons to punishment, and call out the force of the country to suppress any enterprise in which they were found to be engaged. His choice fell on Graham, the secretary of the territory of Or- leans.
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It being known, at this time, that many boats were in preparation, stores and provisions collected, and an unusual number of suspicious characters in mo- tion on the Ohio and its tributary streams, orders were given to the governors of the Mississippi and Orleans territories, and to the commander of the land and naval forces there, to be on their guard against surprise, and in constant readiness to resist any enterprise that might be attempted ; and on the eighth of November, instructions had been sent to Wilkinson to hasten an accommodation with the Spanish commander on the Sabine, and fall back with his principal force on the hither bank of the Mississippi; a measure, which we have seen, he had already anticipated.
The report was, that Burr had in contemplation three distinct objects, which might be carried on jointly or separately, and either first, as circumstances might require. One of these was the separation from the union of the portion of country west of the Alleghany mountains-another an attack on Mexico-the last was provided as merely ostensible: it was the settle- VOL. II. 35
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ment of a vast tract of land, heretofore granted to the Baron de Bastrop, on the banks of the Washita river. This was to serve as the pretext of all the preparations of Burr, an allurement for such as really wished for a settlement on that stream, and a cover under which to retreat on the event of a final discomfiture.
Such was the state of information at Washington City, in the latter part of November, when specific measures were openly adopted by government. On the twenty-seventh, the president of the United States issued a proclamation, announcing the existence of a conspiracy, and warning such citizens as might have been led, without due knowledge or consideration, to participate therein, to withdraw and desist therefrom, and calling on all officers, civil and military, to be vigilant and active in suppressing it.
Orders were sent to every important point on the Ohio and Mississippi, from Pittsburgh to the Balize, for the employment of such part of the civil authority, as might enable them to seize all boats and stores, provided for the enterprise and arrest all persons con- cerned. A short time before these orders were re- ceived in the state of Ohio, Graham, the president's confidential agent, had been diligently employed in tracing the conspiracy and had acquired sufficient in- formation to apply for the immediate exertion of the authority of that state to crush the combination. Go- vernor Tiffin and the legislature, with zeal and energy, effected the seizure of all the boats, provisions and other things provided, within their reach.
Thus, was the first blow given, materially disabling the enterprise in the onset.
In Kentucky, a premature attempt to bring Burr to justice, without sufficient evidence to convict him, had procured a momentary impression in his favor ; which
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gave him the opportunity of hastening his equipments. The arrival of the president's proclamation and orders and the application of Graham, at last awakened the authorities of the state to the truth, and produced the energy and promptitude of which the neighboring state had given the example. Under an order of the legislature, the militia was instantly ordered to differ- ent important points, and measures were taken for effecting whatever could be done; but a small number of men, in a few boats, had, in the meanwhile, passed the falls of the Ohio, to rendezvous at the mouth of Cumberland river, with others coming down that stream.
Porter had left Natchitoches for New-Orleans, with all the artifi, ers and a company of one hundred men. and had been followed by Cushing with the rest of the forces, leaving only one company behind. Wil- kinson, on his way to New-Orleans, stopped at Natchez and made application to the executive of the Mississippi territory, for a detachment of five hundred men of its militia, to proceed to New-Or- leaus, but declining to communicate his motives in making this requisition, was refused. From this place, on the fifteenth of November, he despatched Burling, one of his aids, to Mexico, for the ostensible purpose of apprisiug the Viceroy of the danger, with which his sovereign's dominions were menaced; but, as the general ment ous in his memoirs, "on grounds of public duty and professional enterprise to attempt to penetrate the veil which concealed the topographical route to the city of Mexico, and the military defences which intervened, f. cling that the equivocal relation of the two countries justified the ruse."
Wilkinson reached New Orleans, towards the end of November, and in his first communication to the
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president of the United States. after his arrival, men- tioned, that among his countrymen, he had discov- ered characters, who had hitherto been distinguished for integrity and patriotism, men of talents, honored by the confidence of government and distinguished by marks of its regard, who, if not connected with the flagitious plan by active co-operation, approved it, and withheld timely and important information
Accounts of the requsi ion made for a detachment of the neighboring territory and of the refusal of its executive, were soon received in New-Orleans, and excited much surprise. The inhabitants wondered that, after the amicable adjustment of all difficulties with the Spaniards, the territory of Orleans, with a reasonable force of regular troops and an efficient militia well armed and disciplined. should r quire any aid from the Mississippi territory As yet, Burr's plans were but partially spoken of and dis- believed; the people had heard of an apprehen- ded insurrection in some of the western states; but the merchants, who had frequent accounts from above, understood that things were perfectly tranquil there. Surprise was further excited at the appearance of an uncommon number of men, at work on the old fortifi- cations, and on the hearing of acontract for a sufficient number of pickets to enclose the whole city. This and other contracts, entered into since the arrival of Wilkinson, instead of being offered, as was usual, to any who would engage in them on the lowest terms, were entered into secretly and as if intended to be kept from the public eye.
On the seventh of December, Wilkinson despatch- ed lieutenant Swann of the army, to Jamaica, with a letter to the officer commanding the naval force on that station, informing him of Burr's plans, and that
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a report was afloat that the aid of a British naval armament had been either promised or applied for, and warning him and all British military and naval officers, that their interference or any co-operation on their part, would be considered as highly injurious to the United States, and affecting the present amica- ble relations between the two nations. The commu- nication concluded with the expression of a hope, that the British government would refrain from any interference or co-operation, and prevent any indi- vidual from affording aid; and the assurance that the writer would, with all the force under his com- mand, resist any effort of a foreign power to favor Burr's projects.
On the ninth of December, a meeting of the mer- chants and some of the principal inhabitants was called at the government house, where Claiborne and Wilkinson attended to apprize them of the danger to which the country was exposed. The first said that the object of the prepartions of the latter was to defend New-Orleans, againt a numerous and powerful party. headed by one of the first characters in the union. Wilkinson spoke of the co-operation of the British navy with Burr and the ultimate des. tination of the expedition for Mexico, after they had plundered the banks, seized on the shipping, and helped themselves with every thing, which an army of seven thousand men might want.
It was then proposed to the meeting. that the ship- ping in the river should be detained ad the cr. ws discharged. that they might be employed on board of the vessels of the United States. This was imme- diately agreed to, and a subscription was opened for
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extra bounty and clothing for such sailors, as would enter the public service, and within a short space of time. a considerable sum was raised.
In a letter to the president of the United States, Wilkinson stated he had offered to Hall. the district judge of the United States and Mathews. one of the territorial judges, on the twelfth and thirteenth, all the testimony he possessed against Burr and boll- man, to the end that the former might be proclaimed for apprehension throughout the United States, and the latter committed to close confinement to secure his testimony, and prevent his correspondence and mach- inations in aid of Burr's plans. The first proposi- tion was rejected as "it would be too late, as Burr might be on his way," the second was rejected as Bollman's offence was bailable and a writ of habeas corpus would set him at large; that after some reflec- tions judge Hall said "I believe it will be best for the general to exercise his di-cretior;" Mathews did not say any thing, and as they left Wilkinson, he told them he hoped they would not hang him for what he would do, and they both answered in the negative.
On Sunday, the fourteenth, Dr. Erick Bollman, was arrested by order of Wilkinson and hurried to a secret place of confinement, and on the eve ing of the following day application was made on his behalf, for a writ of habeas corpus, to Sprigg, one of the territorial judges, who declined acting, till he could consult Mathews, who could not then be found. On the sixteenth, the wiit was obtained from the supe- rior court; but Bo !! man was in the meanwhile, put on board of a vessel and sent down the river. On the same day, application was made to Workman, the
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judge of the county of Orleans, for a writ of habeas corpus, in favor of Ogden and Swartwout. who had been arrested a few days before, by order of Wilkin- son, at Fort Adams, and were on board of a bomb ketch of the United States lying before the city. Workman immediately granted the writ and called on Claiborne to inquire whether he had assented to Wilkinson's proceedings: Claiborne replied he had consented to the arrest of Bollmon, and his mind was not made up as to the propriety of that of Odgen and Swartwout. Workman then expatiated on the ille- gality and evil tendency of such measures. be-cech- ing Claiborne not to permit them, but to use his own authority. as the constitutional guardian of his fel- low-citizens, to protect them; but he was answered that the executive had no authority to liberate those persons, and it was for the judiciary to do it, if they thought fit. Workman added, that he had heard that Wilkinson intended to ship off his prisoners, and if this was permitted, writs of habeas corpus would prove nugatory.
From the alarm and terror prevalent in the city, the deputy sheriff' could procure no boat to take him on board of the ketch, on the day the writ issued. This circumstance was made known early, on the - next morning to Workman, who, thereupon, directed the deputy sheriff to procure a boat by the offer of a considerable sum of money, for the payment of which he undertook the county would be responsible. The writ was served soon afterwards, and returned at five in the evening by commodore Shaw and the commanding officer of the ketch, lieutenant Jones: Swartwout had been taken from the ketch before the service of the writ. Ogden was produced and dis-
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charged, as his detention was justified on the order of Wilkinson only.
On the eighteenth of December, Wilkinson returned the writ of habeas corpus into the superior court, stating that, as commander in chief of the army of the United States, he took on himself all responsi- bility for the ar. est of Erick Hollman, charged with misprison of treason against the government of the United States, and he had adopted mesures for his safe delivery to the government of the United States: that it was, after several conversations with the governor and one of the judges of the territory, that he had haza ded this step for the national safety, menaced to its basis by a lawless band of traitors, associated under Aaron Burr, whose accomplices were extended from New-York to New-Orleans : that no man held in higher reverence the civil au- thorities of his country, and it was to maintain and perpetuate the holy attributes of the constitution, against the uplified arm of violence, that he had interposed the force of arms in a moment of the utmost peril, to seize upon Bollman. as he should upon all others, without regard to standing or station, against whom any proof might arise of a participation in the lawless combination.
This return was, afterwards. amended, by an averment that, at the time of the service of the writ, Bollman was not in the possession or power of the person to whom it was addressed.
On the following day Ogden was arrested a se- cond time by the commanding officer of a troop of cavalry of the militia of the territory, in the service of the United States, by whom Alexander was also taken in custody; on the application of Livingston, Workman issued writs of habeas corpus for both prisoners.
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Instead of a return, Wilkinson sent a written mes- sage to Workman, begging him to accept his return to the superior court, as applicable to the two traitors, who were the subjects of his writs. On this, Living- ston procured froin the court, a rule that Wilkinson make a further and more explicit return to the writs, or shew cause why an attachment should not issue against him.
Workman now called again on Claiborne, and re- peated his observations and recommended, that Wil- kinson should be opposed by force of arms. He stat- ed, that the violent measures of that officer had pro- duced great discontent, alarm and agitation in the public mind; and, unless such proceeding were effectually opposed, all confidence in government would be at an end. He urged Claiborne to revoke the order, by which he had placed the Orleans vol- unteers under Wilkinson's command, and to call out and arm the rest of the militia force, as soon as possi- ble. He stated it as his opinion, that the army would not oppose the civil power, when constitutionally brought forth, or that, if they did, the governor might soon have men enough to render the opposition inef- fectual. He added, that, from the · laudable conduct of commodore Shaw and lieutenant Jones, respecting Ogden, he not only did not apprehend any resistance to the civil authority from the navy, but thought they might be relied on. Similar representations were made to Claiborne by Hall and Mathews; but they were unavailing.
On the twenty-sixth, Wilkinson made a second return to the writ of habeas corpus, stating that the body of neither of the prisoners was in his pos- VOL. II. 36
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session or control. On this, Livingston moved for process of attachment.
Workman now made an official communication to Claiborne. He began by observing that the late ex- traordinary events, which had taken place within the territory, had led to a circumstance, which authorized the renewal, in a formal manner, of the request he had so frequently urged in conversation, that the executive would make use of the constitutional force placed under his command, to maintain the laws, and protect his fellow citizens against the unexampled tyranny, exercised over them.
He added, it was notorious that the commander in chief of the military forces had, by his own authority, arrested several citizens for civil offences, and had avowed on record, that he had adopted measures to send them out of the territory, openly declaring his determination to usurp the functions of the judiciary, by making himself the only judge of the guilt of the persons he suspected, and asserting in the same man- ner, and as yet without contradiction, that his mea- sures were taken, after several consultations with the governor.
He proceeded to state, that writs of habeas corpus had been issued from the court of the county of New Orleans : on one of them, Ogden had been brought up .and discharged, but he had been, however, again arrested, by order of the general. together with an officer of the court, who had aided professionally in procuring his release. The general had, in his re- turn to a subsequent writ, issued on his behalf, referred the court to a return made by him to a former writ of the superior court, and in the further return which he had been ordered to make, he had declared that neither of the prisoners was in his power, pos-
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session or custody; but he had not averred what was requisite, in order toexempt him from the penalty of a contempt of court, that these persons were not in his power, possession or custody, at the time when the writs were served, and, in consequence of the defic ency, the court had been moved for an attach. ment.
The judge remarked, that although a common case would not require the step he was taking, yet, he deemed it his duty, before any decisive measure was pursued against a man, who had all the regular force, and in pursuance of the governor's public or- ders. a great part of that of the territory, at his dispo- sal, to ask whether the executive had the ability to enforce the decrees of the court of the county, and if he had, whether he would deem it expedient to do it, in the present instance, or whether the allegation by which he supported these violent measures was well founded?
Not only the conduct and power of Wilkinson, said the judge, but various other circumstances, peculiar to our present situation, the alarm excited in the public mind, the description and character of a large part of the population of the country, might render it dangerous, in the highest degree, to adopt the measure usual in ord nary cases, of calling to the aid of the sheriff, the posse comitatus, unless it were done with the assurance of being supported by the governor in an efficient manner.
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