Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II, Part 71

Author: Rowland, Dunbar, 1864-1937, ed
Publication date: 1907
Publisher: Atlanta, Southern Historical Publishing Association
Number of Pages: 1032

USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II > Part 71

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in touch with the true interests of the people. Such an estimate seems to be partisan on its face, and is not borne out by a careful perusal of the record. His journal impresses one that he had a deep love for his country and its interests, that he was sincerely ambitious to serve, faithfully, the people to whom he had been sent, and that he surmounted unusual difficulties in the establish- ment of law and order in a frontier settlement. In his adminis- tration of the affairs of government he was industrious, capable and just. He was, possibly, wanting in political tact, and perhaps his military training caused him to expect too much obedience and reverence for law in a frontier people.

During his trip to the Atlantic States, Governor Sargent visited his old home in Massachusetts, after which he returned to Mis- sissippi Territory, and quietly took up the life of a planter. He called his home Gloucester, evidently in honor of his birthplace. He was a successful planter, and was one of the committee ap- pointed by the legislature in 1809 to receive subscriptions to stock of the Bank of Mississippi, the first banking house establishment in the Mississippi Territory. Governor Sargent died in New Or- leans June 3, 1820, and is buried at Gloucester, his home, near Natchez.

For authorities on the life of Governor Sargent consult Missis- sippi Archives, Heitman's Register Continental Army, Annals of Congress 1799-1801, Papers in relation to the official conduct of Governor Sargent, Claiborne's Mississippi, Wilkinson's Memoirs.

Sargent's Administration, 1798-1801. On May 7, 1798, the senate confirmed the appointment by President Adams, of officers of the Mississippi territory, south of the Yazoo line, as follows: Win- throp Sargent, of the Northwest territory, governor and Indian agent ; John Steele, of Virginia, secretary; Peter Bryan Bruin, of Mississippi, and Daniel Tilton, of New Hampshire, judges, the third judge, William McGuire, of Virginia, being appointed June 28. When notified that he would be appointed, Col. Sargent had lately returned to Cincinnati from ardous duty in quieting an uprising in the Illinois country under the French flag, and was suffering from a dangerous malady almost as fatal as the yellow fever then raging at Philadelphia. He began a correspondence with the sec- retary of state regarding his duties. He asked that the judges ap- pointed be instructed to accompany him. "First impressions are strong," he wrote, "it will therefore, I apprehend, be unfortunate for our government should the Executive be constrained to visit the Mississippi territory without the Judges-the people have been anticipating that which it is not in the government's power to bestow." He asked that statutes of the various States be furnished him so that he could select laws, as required by the Ordinance; which request was not complied with. He asked that the powers of the governor and Mr. Hawkins, the United States Indian agent, be defined. He received information that his confirmation had been opposed in the senate, but felt less mortified through the assurance that opposition was because he had been an "Eastern man." He

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accepted advice of the secretary in good part, and answered: "The footing upon which Governor Gayoso lived with the inhabitants of the Natchez, it may not be exactly in my power to observe, from the difference between American and Spanish appointments, and which must be as well, or better known to you than myself; I will however cheerfully make such pecuniary sacrifices, as my circum- stances may admit, for the interests of government, and it shall be my study to conciliate and attach all parties to the United States." June 16 he wrote: "From the best intelligence I have been able to procure, there prevails in the country of our destina- tion, a refractory and turbulent spirit, with parties headed by men of perverseness and cunning. They have run wild in the recess of government and every moment's delay in adoption of rules and regulations after the ordinance, etc., shall be promulgated amongst them, must be productive of growing evils and discontent."

Capt. Guion, at Natchez, worried by the appeals of the two factions to him for recognition, had written May 9, in a private letter :

"This is a hot country and people in a very chequered manner- a great number of the most turbulent characters-who have fled from the different states, for fear of having justice done on them. They are the most clamorous for government (having nothing to protect) and afraid of it." Writing a month later to the secretary of war, he reduced his indictment to "a few turbulent and busy spirits," and declared that the majority of the people, "when left to the unbiased exercise of their own judgment" were "above the ordinary capacity of like numbers in most of the states," which is also the impression received from Ellicott's observations. As Wailes has commented, the rivalries for "power and influence were but the common instincts of ambitious men wherever they may be placed." The district had for many years been subject to the intrigues of Spanish, French, and English, not to mention the dis- cordant policies of the United States and Georgia-an intricate maze difficult to thread intelligently now with many secrets dis- closed. The people had had little opportunity for the unbiased exercise of their own judgment. The recent rivalry between Col. Hutchins and Commissioner Ellicott had tended to bias the judg- ment of the inhabitants regarding the Ordinance of 1787, particu- larly the mode of territorial government it prescribed. It was not difficult to see why Hutchins should have asked that the people should have the right to select their own governor, when it is re- membered that the report came down that Ellicott was to be chosen, but his assertions that life under that ordinance would be no bet- ter than slavery undoubtedly had much effect. In fact, a consider- able party in Ohio said the same thing, protesting against a govern- ment in which the people had no voice. The lawmaking power, until there should be a white population of something like 25,000, was to be exercised by three men, the governor and two of three judges, appointed by the president of the United States, and answerable only to him and the senate. When the territory should

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have 5,000 free males of lawful age, a house of representatives would be permitted, but yet the president would have the ap- pointment of the upper house or council, and the governor would have an absolute veto. Such, however, was the form of govern- ment devised for western territory eleven years before his time, and applied to all the country from Lake Superior to the Gulf. (See Ordinance of 1787.)

The party headed by Anthony Hutchins and the Committee of Safety had represented to congress in 1797 that the Natchez, a region of five thousand white inhabitants and half as many negroes, might admit of different regulations from a wilderness to be set- tled, and that some acquaintance with the country was necessary to adjust its laws; the people should have the right to recommend the governor to be appointed, and the people by a majority of votes should take the lead under congress. (M. H. S. III, 294.) He might have added that twenty years before, the British government of West Florida had given Natchez district elective representation.

The other party, headed by the Permanent committee under the advice of Commissioner Ellicott, expressed themselves satisfied that the provisions of the ordinance of 1787 would effect as great a change from despotism toward representative government as could be wisely made, at once.

Another very important change in conditions was the prohibi- tion of the importation of slaves from any port outside the limits of the United States. For many years negroes had been bought in Jamaica of the English slave-traders, or at New Orleans. The prohibition may be viewed as putting under the ban of the law a commerce previously considered legitimate, or it may be looked at in the same light as previous edicts of Spain, control of the traffic for the benefit of the nation asserting domain. Thereafter, the foreign slave trade in this region was done by smugglers, and this trade was quite important as long as Florida remained in the hands of the Spanish. Many urged that the prohibition was un- constitutional. It is also to be remembered that during the con- sideration of the territorial act of 1798 there had been a proposition in congress to prohibit slavery entirely, as was first proposed by Thomas Jefferson. This precipitated a heated debate and revealed a settled determination on the part of the political leaders in Geor- gia and the Carolinas to maintain the slave-labor system at any cost. Gov. Sargent must necessarily, coming from a territory where slavery was prohibited, have been under suspicion by those inter- ested in the protection of slavery.

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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Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II, Part 71

Author: Rowland, Dunbar, 1864-1937, ed Publication date: 1907 Publisher: Atlanta, Southern Historical Publishing Association Number of Pages: 1032

Author: Rowland, Dunbar, 1864-1937, ed
Publication date: 1907
Publisher: Atlanta, Southern Historical Publishing Association
Number of Pages: 1032