USA > Mississippi > Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II > Part 72
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Whatever prejudice had been excited against the government under the ordinance of 1787, by Hutchins' campaign to prevent the appointment of Ellicott as governor, was bound to operate against Winthrop Sargent. As secretary of the Northwest territory, and acting governor, as early as 1790, at Vincennes, he had taken part in some law making acts that were, technically, beyond the pro- visions of the ordinance. They may have been better adapted to the needs of the people, but they were not copied from the laws of
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the old States, and consequently Sargent was accused of usurpation. Such rumors of this as might have come down the river would not recommend him to the Natchez people, in the peculiar state of mind that prevailed. These difficulties were not all. War with France seemed inevitable, and that, according to the alliances then existing, probably meant war with Spain also. In any case, Mis- sissippi territory would be the theatre of military operations, if war should be declared, as almost came about in the following year. It is a reasonable inference that Sargent, an old and gallant soldier of the Continental army, was impelled to accept the call to Natchez, though he had been desperately ill and was yearning for the sea- shore, by a sense of duty to his country in time of danger.
Sargent started out from Cincinnati in boats furnished by Gen. Wilkinson, who was preparing to follow. He wrote from the foot of the rapids, July 2d, to John Steele, engaged on an Indian treaty at Knoxville, urging him that it was "specially important at this crisis, that every officer of the government should be at his post." During the voyage he was very sick, and for a considerable time after his arrival at Natchez his life was despaired of. He was cared for at Concord, the old home of Gayoso, then in charge of Peter Walker. As soon as the governor was able to ride out he caused the acts for the government of the territory to be formally published, probably by reading and posting written copies, as there was no printing press in the district. Immediately afterward, on August 10, he addressed a meeting of the inhabitants at Natchez. In this address he called attention to the blessings of civil govern- ment assured, and the promise of admission to the Union as a sovereign and independent State as soon as population warranted; that congress had in special indulgence to the people of this ter- ritory so accommodated the ordinance "that property in slaves shall be continued to the present owners, with permission of im- portation from any country not out of the dominions of the United States; that a concise and clear code of laws, void of partiality to sect or class and breathing the genuine spirit of divine clemency, which is so honorable in legislation," would be no longer delayed than the arrival of one of the non-resident judges; that he hoped if mistakes were made in the laws they could be remedied within the territory, but in any event they had recourse to the national law making body ; that in the execution of the laws clemency could not be admitted without extreme hazard to the territory, firmness must be exercised, and faithful performance of duty would be expected from all appointees to office. On the exciting topic of appointment to office he said: "All appointments within the territory, not specially provided for by the ordinance of the honorable congress, rest with the governor, and merit only can entitle a man to office. Strong and evident marks of attachment to the United States and good government, a disposition to preserve the peace and order of society and harmonize contending sentiments (if such have un- fortunately existed) will be held by government in any honorable estimation and duly noticed by the executive-for this, and the
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unremitted endeavors of the governor to promote your and the national interests and dignity, I am most fully authorized to pledge myself." He asked the cooperation of a community which enjoyed an established reputation for good sense and cultivated minds capa- ble of appreciating that the elegancies and refined pleasures of social life could be continued only under a government that respec- ted individual as well as national rights. "Imperious circumstan- ces" demanded that he should "lose no time to array the militia power of the State," and he would "postpone the same only for due information of characters suitable to commission, and your prob- able strength ;" for the first he would trust to further acquaintance, and he asked information as to the probable enrollment and the former militia regulations, and the condition of arms and accoutre- ments. "I shall as soon as possible divide the territory into dis- tricts and make the appointments of magistrates and other officers necessary to the execution of process civil and criminal. I am aware, however, that in the meantime insidious attempts of nefarious men might for a moment disturb your repose. Indeed the anxieties of some amongst you, thereupon, have been suggested to me; but fear not, our stability is proportioned to the occasion, and the arm of the United States is mighty. As good citizens void of jealousy of each other and emulous of public good, you will keep your eye on the men of no country whose pursuits here (under the most favorable construction thereof) are quite problematical, and whose smallest interference with your police must be considered as vile usurpation. Any kind of disrespect upon their part to the general or territorial government will naturally lead you to sus- pect them as foes to our peace and quiet, and the most prompt and energetic measures should follow the first notice of their char- acter."
The governor's address was received in good spirit, and he wrote on the 20th that he hoped for a formal response, which would be transmitted to government. His reference to dangers within the community had reference to French and Spanish agents and some of the characters whom he had occasion to antagonize in the Illi- nois country, perhaps, also, to Zachariah Coxe and other represen- tatives of the Georgia land companies. "Mr. Coxe was at large within the territory," he wrote the secretary of state, "and an armed party at his command, before my arrival. His coming was talked of amongst some few disaffected persons here and that he was to assume the government for the State of Georgia. He is now in close confinement, but with every indulgence that a state prisoner should expect, for I am not disposed to torture even a criminal. I wish ardently for the president's instructions in this business, as early as possible, for until I may receive it, Mr. Cox will be con- tinued a prisoner." He had ordered the arrest of Coxe by the mil- itary, on the 18th, and September 5 advised Judge Bruin that Coxe's confinement was for such misdemeanors as have indicated the most treasonable intentions toward the United States. Bruin
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was instructed to investigate the case of a supposed captain of Coxe's who had addressed a protest to the governor.
In the same communication the governor lamented the absence of the judges, and begged that some man learned in the law be sent to act as attorney for the government. The secretary also was ab- sent, but he was used in Ohio to acting as governor and secretary both. He had already decided on two counties, and their names, Adams and Pickering, and asked for appropriate seals, also for a small printing press. At the same time he asked permission to visit the Atlantic States in the next summer, by way of New Orleans, for his health and family concerns. September 8 he issued an order organizing the militia of the territory (q. v.). This subject was of great interest on account of the impending war with France, and rumors of a French fleet off the Balize.
There was also then much anxiety about the Choctaw Indians. Vidal, announcing himself as Spanish consul, told the governor that Spain was informed that the Choctaws would not permit the sur- vey of the boundary, and professed that Spain would aid in sub- duing the Indians. Ellicott made the same report, and was ad- vised to quit if he met with any serious resistance. The Indians were not openly hostile, but they were now, more than ever, fre- quenting the settlements, and the inhabitants were bound to feed them and give them what they liked, for fear of hostility, which enforced hospitality was threatening many of the planters with utter ruin.
"The sufferings of the inhabitants from the Indians, under Span- ish and American government," Sargent wrote afterward, was "then complained of by almost every man of my knowledge, and was late presented as a grievance by the grand inquest." At this time he wrote the government: "We live here only upon suffer- ance and their good will ; our settlements are scattered over a great extent of country, and not to be defended. Our whole militia, free male inhabitants from sixteen to fifty years of age, may amount to eight hundred men; and I have taken measures to organize them without delay-nearly half the number will probably be mounted."
Also, finding the government thrown upon him alone, so that he was "the veriest slave in the world," every day and hour multi- plying complaints, "some of them amounting to felonies and very high misdemeanors," he was compelled to make several civil ap- pointments, in the absence of a quorum of the legislating body. September 9, 1798. he announced the temporary appointment of Daniel Clark, William Dunbar, Isaac Gaillard, John Ellis, James McIntosh. Philander Smith, Thomas Wilkins, Joshua Howard and Joseph Calvit, as conservators of the peace, and Lewis Evans, sher- iff, for a district of the Mississippi territory from the southern or lower boundary thereof, to and including all the country between the same and a due east line from the mouth of Fairchild's creek to the river Chattahoochee.
For the district north of that, and much less in population, the appointments were Cato West, Samuel Gibson and Tobias Bra-
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shears, conservators, and William Ferguson, sheriff. The duties of these officers were to "keep and preserve the peace; to suppress all riots and affrays, and to take notice of all treasonable and sedi- tious language, and commit the authors unless they shall give se- curity for future good conduct and to answer for their crimes," at the first session of the court to be established. The new officers were also authorized up to October 30 next, to administer to all male inhabitants considered as permanent residents an oath of al- legiance to the United States. Citizens were advised to keep their certificates of naturalization, as Congress had provided that aliens may be banished the country. Two months later, to make some provision for the care of the estates of decedents, as a matter of exigency, William Dunbar was instructed to grant letters of ad- ministration, when they should be required, according to his best judgment and the laws of the Northwest territory, the governor announcing his intention to appoint him probate judge as soon as his powers and duties could be defined by law. (See Claiborne's Miss., p. 208.)
As soon as the nonresident judges (McGuire and Tilton) should arrive, the governor proposed to establish two counties, the Villa Gayoso, twenty miles above Natchez, with buildings and 200 acres of land, supposed to have been Spanish property, but claimed by Thomas Green, to be used as the county seat. For the seat of the lower county he proposed to use a building erected by the Spanish government as auxiliary to the church, and used by Capt. Guion as his quarters. But Gen. Wilkinson refused to permit this, say- ing the property surrendered by the Spanish was "national prop- erty." Some months later the general permitted the use of Villa Gayoso, but the Natchez buildings were not given up until after longer delay.
Coxe escaped on the night of September 26, "under circum- stances so base as extremely to aggravate his guilt to men of honor." The governor demanded extradition of Gayoso at New Orleans, but Coxe was arrested in Tennessee early in the next year. Several of Coxe's adherents were taken and imprisoned immedi- ately after his departure on a warrant from Judge Bruin. George Matthews, ex-governor of Georgia, who was there in the inter- ests of one of the land companies, was informed that the governor was ignorant of any company rights in the territory, and a proc- lamation was issued warning people who were making surveys and establishing themselves on land that they were doing so without authority and contrary to law. Thus vigorously the governor was compelled to act, soon after his arrival, in the midst of intricate complications, on the frontier of a country expected soon to be hos- tile, far from his government, with no post road but a trail in- fested by robbers.
Judge Bruin was "indefatigable and meritorious, but for the want of another judge we are wretched. The people. smarting from our delinquency, will become restless, and I tremble for the consequences," the governor wrote September 29. "Hutchins and
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some others, it is hinted to me, are again busy. Some memorial to congress is possible. My own reputation is already at stake, and every moment increases my hazard. I have been constrained by imperious necessity to attempt something like regulation," in the militia and conservator orders. The discontented, he wrote a little later, were more than a few. "The worst construction is in- siduously given by them to every act of the general government, and my character and conduct not infrequently most grossly mis- represented. Prompt and energetic measures will be taken as soon as they are fully known. But they manage with great art and address." He suspected Dr. White to be of this number, though he had hoped the best from him, because of his standing in life. "He is, however, it is said, establishing himself below," i. e., in the Spanish territory.
October 10 the governor ordered that persons not citizens of the United States must report themselves to the conservators of the peace within two hours after their arrival at any settlement. Sheriff Evans was ordered November 7 to arrest James White, John Callahan and William West, for "high crimes and misde- meanors against the United States." White, and presumably the others, were arrested for examination on suspicion of circulating a manuscript at Natchez, "for very wicked purposes." At the same time $300 reward was offered for the recapture of Coxe, sup- posed to be in the Indian country.
Early in November the governor had an interview with Col. Hutchins. Soon after his arrival Sargent visited Ellicott on the line, a circumstance which, it appears, was very offensive to Hutchins, by whom, and his friends, it was charged that the gov- ernor was influenced by Ellicott in his appointments. Indeed, the governor afterward admitted that he was influenced against Hutchins, by the representation that he was then on half-pay as a British officer, and for that reason refused to honor him with appointment. At this interview (Sargent wrote to Wilkinson) Col. Hutchins solemnly protested that all he had said about the general was "on authority of
On various assigned reasons, Doctor White refused a commis- sion as lieutenant-colonel commanding for the south district, with Sutton Bankes as major and Adam Bingaman as captain, and Narsworthy Hunter and Thomas Green, as major and captain in the upper district, where Cato West was appointed lieutenant-col- onel, and served for sometime in the work of organizing. In Jan- uary, 1799, the governor wrote, "Considerable opposition has been made to my endeavors at military arrangements, and the militia are not yet completely enrolled. Though but only released from Spanish servile bondage they would immediately assume all gov- ernment, and the appointment of their officers, civil and military, is a measure advocated by some wicked and designing men among them." It was believed that Ellicott had made out the list of com- missions, which Daniel Clark himself was disposed to credit. The plea that companies should have the right to elect their own offi-
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cers was the ostensible cause of remonstrance. Judging from the words used by Sargent, he gave little opportunity for mutual ex- planation and conciliation.
The timber for a jail at Natchez arrived by the river, in Novem- ber, 1798, and on the 24th Sargent directed Peter Walker and Lewis Evans to select a site for the building, advising them to take counsel with Judge Bruin. This was the first public building of the territory, except as the government put in use the buildings left by the Spaniards.
At the same time, Col. West having remonstrated against the location of the prison for the upper district at Uniontown, where the inhabitants had offered to donate the land and build the jail, West was requested to give information of some other suitable place.
Upon Wilkinson's departure, in the spring of 1799, Sargent took possession of the Spanish building he had desired, establishing the secretary there, and using a small residence attached as an office and legislative hall. He afterward sought to obtain the building used as a hospital for the Adams county courthouse, but Sheriff Lewis was rudely repulsed by Maj. Cushing, then in command, though its use was loaned for a sitting of the supreme court pre- vious to October, 1799. Cushing professed to care nothing for the opinions of the secretary of state; he took orders from the secre- tary of war.
As the year 1798 drew to a close Sargent entreated the govern- ment to hasten to make some provision for settling the land dis- putes and uncertainties. He was yet without judges, except Bruin. Every delay made the work of making laws more arduous. At first the people would have welcomed almost any laws under the United States, "but being almost in a state of nature since their emanci- pation, the very mildest statutes, I am apprehensive, may be con- sidered as oppressive." He begged for legislation for their relief. "I pray it for the sake of the people, for the fair reputation and dignity of the United States, and for my own honour, peace and quiet. I am here, sir, a mere cipher, and tortured by ten thousand evils, which I cannot remedy or redress. My situation is dis- tressing, and but for the continuance of hope would be truly wretched."
In January, 1799, he issued a proclamation forbidding foreigners to enter the territory without a passport, hoping to keep out the Louisiana fugitives from justice, and as Wilkinson was complain- ing of losing men by desertion there was some negotiation author- ized between that officer and Gayoso, which resulted in a conven- tion the terms of which Sargent disapproved, denying the military power of arrest. Out of this and other conflicts grew a relation between governor and general that was dangerous to the former, for the facile Wilkinson was to be a greater figure than ever under the next administration, and Sargent was quite unadaptable to change.
Judge Tilton arrived January 10, 1799, bringing the seal and
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commissions, but nothing else that Sargent had asked for. Sar- gent, Bruin and Tilton then set about the necessary legislation, "though with much regret on my part," he wrote the secretary of State, "at the want of the laws of the several States, as we must be compelled to form our code from the volumes of the Northwest- ern territory, which I by no means can be induced to believe a very good basis." He was diffident of his own law knowledge, and anxious for the aid of Judge McGuire. A printing press was then in operation, and the laws were printed by Lieut. Andrew Mar- schalk, of Fort Sargent, as fast as compiled. These laws provided for a system of courts (see Judiciary) and by proclamation, April 2, 1799, the counties of Pickering and Adams were established, with the county seats at Villa Gayoso and Natchez. The judicial system and county organization provided for a large number of appointments, in Adams county over thirty, in addition to the mili- tia appointments, and in Pickering a smaller number. There was not much opportunity for appointments in the general government. Bernard Lintot was made treasurer-general and William Williams keeper of the seal for the Territory.
Dissensions soon arose, which resulted in the appointment of a committee, which sent addresses to the governor and judges, and appointed Narsworthy Hunter as its agent to congress (see Com- mittee of 1799). In November the governor was agitated by ad- vices that the Marquis de Casa Calvo, at New Orleans, was making negotiations with the Choctaw Indians, and he and Agent John McKee busied themselves to meet whatever foreign complication might be at hand. The proceedings of the Committee regarding the government inspired unauthorized meetings for the election of militia officers, which the governor forbade in a solemn proclama- tion to the commanders, January 1, 1800. He declared that "de- termined systematic opposition to sovereign will, as expressed in the ordinance for the government of the Mississippi territory and the laws which have been adopted by the constituted authorities, is a crime of so very alarming a tendency that I pray God this people may never commit it. The constitution requiring I should appoint all officers, I shall not directly or indirectly vio- late the trust."
Early in 1800 the Territory had a newspaper, the Mississippi Gazette, and a post route was established from Natchez to Knox- ville.
The territorial judges and governor convened again in a legis- lative capacity in May, 1800, when the governor advised that the inadvertent provisions of forfeiture of property as a punishment for treason and arson should be repealed. He had received the laws of New Hampshire, North Carolina and Kentucky, which it was hoped would be found useful.
It seems to be admitted on both sides, on occasion, that there was much lawlessness among the floating element during this period, though Messrs. West and Hunter contended it was not so before. Gov. Sargent frequently made caustic references to the
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subject. In a letter to Justice Daniel Clark, in June, 1800, he al- ludes to a case in which a Mr. Fero seems to have suffered. Gen. Wilkinson was interested in securing justice, and Sargent con- fessed horror at the atrociousness of the offense. "I would to God for the honor of our government there remained equal hope of the due investigation for the manifold outrages upon decorum and the municipal laws. . I believe in your sympathy and ex- treme mortification at that apathy which has so strangely marked our character during the administration of the government of the United States-repeated murders (or I am misinformed) have passed unnoticed, though attended by circumstances of high ag- gravation." He also called attention to the "abominable" custom of duelling. One may infer from the laws, that the frontier cus- toms of "gouging" and other forms of mutilation were not un- known. The negroes had a good deal of freedom to make Saturday nights and Sundays hideous at Natchez, and the Indians, presuming upon the tardiness of the government in making treaties with them, imposed seriously upon the good nature of the settlements. Writing to William Dunbar, upon his resignation after the election in 1800, the governor said: "The murders, robberies and other enormous crimes committed within this terri- tory, and which have far exceeded any thing within my observa- tion in much more populous countries, imperiously command the collected wisdom and energy of the government to 'suppress.'"
The agitation before Congress by Hunter as the representative of the Committee resulted in a supplementary act establishing a general assembly in the Territory, and providing for an amicable satisfaction and extinction of the Georgia claims of domain. The settlers on the Tensas and Tombigbee rivers, in the ancient district of Mobile, formed the only settlement in the vast territory, outside of the Natchez district, and they were to be given one representa- tive among the nine in the house of representatives, and the two counties having four apiece. The governor hastened therefore to- establish the county of Washington June 4, embracing all the terri- tory east of Pearl river, with the county seat at McIntosh's bluff. June 24 he called an election of representatives in the three coun- ties, to be held at the county seats on the fourth Monday of July, under the supervision of the sheriffs. Notice was also given that under the ordinance of 1787 a candidate for representative must have been a citizen of the United States for three years and be the owner of 200 acres of land, while a voter must have been a resident for two years and owner of fifty acres. These restrictions disqualified many from voting and more from election, as the oath of allegiance was generally administered in 1798. The representa- tives met September 22, at the government house in Natchez, and the session was stormy, as the opponents of the governor had carried the elections. (See General Assembly.)
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