Monette, John W. History of the Discovery and Settlement of the Valley of the Mississippi, by the Three Great European Powers, Spain, France and Great Britain, and the Subsequent Occupation, Settlement, and Extension of Civil Government by the United States, Until the Year 1846, in two volumes, Volume II . New York: Harper and Brothers, Publishers, 1846. [format: book], [genre: history]. Permission: Schingoethe Center for Native American Cultures, Aurora University
Persistent link to this document: http://lincoln.lib.niu.edu/file.php?file=monette2.html

Note from page 3: 1. See Doddridge's Notes on Western Virginia, p. 115. This is a valuable little work in one volume 12mo, treating of the early settlements near the Ohio River, the manners and customs of the people, and the Indian wars in that region, by Rev. Joseph Doddridge, ed. 1825, Wellsburg, Virginia.

Note from page 5: 2. See Doddridge's Notes, p. 114.

Note from page 6: 3. See Kendall's Life of Jackson, p. 74, 75.

Note from page 7: 4. Doddridge, p. 108, 109.

Note from page 8: 5. Doddridge, p. 109.

Note from page 9: 6. See Doddridge, p. 102-105.

Note from page 12: 7. Doddridge's Notes, p. 124.

Note from page 13: 8. Doddridge's Notes, p. 126, 127.

Note from page 14: 9. See M'Donald's Life of Kenton, p. 72.

Note from page 15: 10. See Doddridge's Notes, p. 122.

Note from page 15: 11. Idem, p. 110-112.

Note from page 17: 12. See Hall's Sketches of the West, vol. ii., p. 88-92.

Note from page 22: 13. Flint's Geography, p. 140-145.

Note from page 25: 14. Flint's Geography, p. 145, 146.

Note from page 25: 15. Idem.

Note from page 26: 16. Flint's Geography, p. 147.

Note from page 27: 17. Bangs's History of Methodism, vol. ii., p. 109.

Note from page 28: 18. Bangs's History of Methodism, vol. ii., p. 110.

Note from page 29: 19. The feelings and mental exercises on these occasions are contagious, and often spread like an epidemic through the congregation. I have myself witnessed them with mingled sensations of admiration and surprise; but it is no feigned condition, for many are involuntarily smitten down.

The most common affection is an ecstasy, or mental revery, attended with a sudden deprivation of muscular power and consciousness of external relations and objects, similar to a protracted catalepsy. Yet the mind appears wholly abstracted and absorbed in delightful contemplations, which often light up the countenance with a heavenly radiance scarcely less than angelic. This condition continues for several hours, and often for one or two days, during which time all the animal and voluntary functions appear to be entirely suspended.

One of the most singular and alarming affections which sometimes occurs in times of great excitements and revivals, is a spasmodic affection attended with the most violent and alarming convulsions. These affections are common to both sexes, but most frequent in vigorous, athletic men. The contortions of body, and the violent, rapid, and irregular flexion and extension of the limbs, trunk, spine, and neck, are such as apparently to threaten instant and universal dislocation of the joints. The muscular contractions are supernatural and violent, requiring the strength of several men to control them and to prevent serious bodily injury. The flexions and vibratory motion in the neck and spine have been seen so strong and violent as to cause the disheveled hair of ladies to lash and crack like a whip, perfectly audible at the distance of twenty feet.

Whether these things can be accounted for on the principles of Mesmerism, we pretend not to decide; but there appears to be a similar disturbance in the equal and natural distribution of the nervous influence and power.

Note from page 29: 20. See Bangs's History of Methodism, vol. ii., p. 110-112.

Note from page 31: 21. Kendall's Life of Jackson, p. 80.

Note from page 33: 22. See Narrative of the White Woman, and quoted by Mr. Buckingham, the English traveler, as unquestionable historical truth. — Travels in America, vol. ii., p. 179-183.

Note from page 34: 23. See Buckingham's Travels in the United States, vol. ii., p. 170-183.

Note from page 39: 24. Instances of this kind were not uncommon during the Indian wars of the Revolution, when British Tories and Indians fought side by side against the Americans.

As a specimen of the inhumanity of a "British Tory," compared to that of the savage himself, we cite the following as one out of many others. "It occurred in the attack of the British Rangers, under Colonel Butler, and is given in Salmon's Narrative, and corroborated by several other authorities."

"A party of Indians in the British employ had entered a house, and killed and scalped a mother and a large family of children. This was at a spot on the west side of the Genesee River, where a small town called Leicester now stands. The Indians had just completed their work of death, when some Royalists belonging to their party came up and discovered an infant still alive in the cradle. An Indian warrior noted for his barbarity approached the cradle with his uplifted hatchet: the babe looked up in his face and smiled; the feelings of nature triumphed over the ferocity of the savage; the hatchet fell from his hand, and he was in the act of stooping down to take the infant in his arms, when a Royalist, cursing the Indian for his humanity, took up the child on the point of his bayonet, and as he held it up, struggling in the agonies of death, he exclaimed, ‘This, too, is a rebel.’" — See Buckingham's Travels in America, vol. ii., p. 180; quoted from Narrative of "White Woman."

Another instance of extraordinary barbarity in a "British Tory," or renegade Pennsylvanian, was in the person of Simon Girty, who retired from Fort Pitt to the Muskingum, and thence to the Sandusky River, identifying himself with the Indians in their most atrocious cruelties, and conducting some of the most desolating incursions of the savages against the frontier people; and who distinguished himself among the western tribes for his enterprise and daring against the settlements, and for the zeal with which he inflicted his vengeance upon his countrymen in many bloody fields.

Note from page 42: 25. See Kendall's Life of Jackson, p. 78-81.

Note from page 43: 26. Bancroft, vol. iii., p. 281, 282.

Note from page 45: 27. See Flint's Life of Daniel Boone, p. 98, 99. Also, Kendall's Life of Jackson p. 80.

Note from page 46: 28. See book iii., chap. i., of this work.

Note from page 48: 29. See American Pioneer, vol. ii., p. 109.

Note from page 50: 30. See Flint's Life of Boone, p. 140,141.

Note from page 51: 31. See Flint's Life of Boone, p. 176. Also, M'Donald's Life of Simon Kenton.

Note from page 52: 32. See American Pioneer, vol. ii., p. 109.

Note from page 53: 33. See Flint's Life of Boone, passim.

Note from page 54: 34. See Hall's Sketches of the West, vol. i., p. 241-244; also, 279, 280.

Note from page 55: 35. Flint's Life of Daniel Boone, p. 48-72.

Note from page 57: 36. The design of removing the bones of Daniel Boone and his wife, to he finally deposited in Kentucky, originated with the "Cemetery Society of Frankfort." The association appointed Thomas L. Crittenden, Esq., and Colonel William Boone, a committee for the removal of the remains of Colonel Daniel Boone and his wife from their resting-place on the lands of Harvey Griswold, in Warren county, Missouri, to Frankfort Kentucky, for the purpose of enabling said society to render appropriate honors to said remains. Thirty years since, Daniel Boone selected this spot in Missouri for the internment of his wife, with the request that this own body might be deposited by her side, which was done accordingly five years afterward. In this place they remained until July 17th, 1845, when, in the presence of the committee, and the assenting relatives of Daniel Boone, and the assembled citizens of Marthasville, the graves were opened, and the sacred relics removed. The body of Colonel Boone had been interred about twenty-five years, and that of his wife thirty years. The larger bones were entire, the smaller were moldered into dust; the coffins, except the bottom plank, were entirely decayed. The ceremonies of exhumation were honored by an eloquent and appropriate address, delivered by Mr. Crittenden, with a response and eulogy to his character, by Joseph B. Wells, Esq. — See Frankfort Commonwealth; St. Louis New Era; and Southwestern Christian Advocate.

Note from page 59: 37. See M'Bonald's Sketches, p. 201, 202. This is a small work which we have noted before. It is a duodecimo volume of two hundred and sixty-six pages, by John M'Donald, of "Poplar Ridge," near Chillicothe, Ohio, published at Cincinnati in 1838. Mr. M'Donald was a cotemporary with Simon Kenton, and has compiled his biographical sketches from oral information given by Kenton in person. We shall have occasion to refer to this little work as we progress with the history of the early settlement of the Northwestern Territory, and his authority is unquestionable. Having been cotemporary with most of those of whom he speaks, and intimately acquainted with several of them, Mr. M'Donald is to be relied on fully.

Note from page 60: 38. MDonald's Sketches, p. 203.

Note from page 61: 39. M'Donald's Sketches, p. 204.

Note from page 62: 40. M'Donald's Sketches, p. 207.

Note from page 62: 41. Idem, p. 210-212.

Note from page 64: 42. M'Donald's Sketches, p. 266.

Note from page 64: 43. Idem, p. 215.

Note from page 65: 44. M'Donald's Sketches, p. 216, 217.

Note from page 67: 45. M'Donald's Sketches, p. 220.

Note from page 67: 46. Idem.

Note from page 68: 47. M'Donald, p. 283.

Note from page 71: 48. M'Donald's Sketches, p. 220-285.

Note from page 71: 49. Idem, p. 237, 838.

Note from page 74: 50. M'Donald, p. 204, 265.

Note from page 74: 51. American Pioneer, vol. ii., p. 343.

Note from page 75: 52. American Pioneer, vol. ii., p. 344.

Note from page 76: 53. American Pioneer, vol. ii., p. 346.

Note from page 76: 54. See North American Review, No. 105, October, 1839, p. 295.

Note from page 77: 55. Sketches of the West, vol. ii., p. 118-121.

Note from page 77: 56. History of Kentucky.

Note from page 81: 57. See book iii. of this work, viz.: Advance of the Anglo-American Population, &c., chapters ii and iii.

Note from page 83: 58. Butler's Kentucky, p. 40.

Note from page 83: 59. American Pioneer, vol. ii., p. 344.

Note from page 83: 60. Butler's Kentucky, p. 42.

Note from page 85: 61. Marshall's Kentucky, vol. i., p. 46.

Note from page 85: 62. The "Court" was constituted as follows: David Shepherd, presiding justice; Silas Hodges, William Scott, James Caldwell, Zachariah Spriggs, Thomas Weller, and Daniel M'Clain, associate justices; James M'Mechan, clerk; John M'Cullock, sheriff. — See American Pioneer.

Note from page 86: 63. American Pioneer, vol. ii., p. 303-306; also, 377.

Note from page 86: 64. The poll-tax levied for the state at this time was twenty four shillings for all males over sixteen years, provided they adhered to the government of the "Commonwealth;" but from those who refused to take the prescribed oath of allegiance, the sheriff was required to collect double that amount, or forty-eight shillings. — Pioneer, ibidem.

Note from page 87: 65. American Pioneer, vol. i., p. 336.

Note from page 88: 66. See American State Papers, Indian Affairs, vol. i., p. 431, 432, folio edition.

Note from page 89: 67. Butler's Kentucky, p. 42. Also, Marshall.

Note from page 89: 68. Marshall, vol. i., p. 49.

Note from page 90: 69. The following were some of the company officers, viz.: Captains: Samuel Mason, John Mitchell, Joseph Ogle, Samuel Teter, and Jacob Leffler. Lieutenants: Samuel Tomlinson, John Biggs, Derrick Hoagler, and Thomas Gilleland. Ensign, William Sparks. — See Pioneer, vol. ii., p. 303-306, and 317.

Note from page 92: 70. See Marshall's Kentucky, vol. i., p. 54.

Note from page 92: 71. Ibidem, p. 47.

Note from page 93: 72. See book iii., chap. iii., of this work.

Note from page 93: 73. Marshal, vol. i., p.14, 15.

Note from page 93: 74. American Pioneer, vol. i., p. 95.

Note from page 94: 75. Drake's Book of Indians, book v., p. 29.

Note from page 96: 76. American Pioneer, vol. ii., p. 305.

Note from page 96: 77. Idem, p. 314.

Note from page 97: 78. See American Pioneer, vol. ii., p. 307-310.

Note from page 99: 79. American Pioneer, vol. ii., p. 312, 313.

Note from page 99: 80. Idem, p. 310.

Note from page 100: 81. Butler's Kentucky, p. 47.

Note from page 101: 82. Butler's Kentucky, p. 66.

Note from page 101: 83. Idem, p. 65.

Note from page 101: 84. Idem, p. 80, 81

Note from page 102: 85. Jefferson's Correspondence, Randolph's edition, p. 164-169.

Note from page 102: 86. Idem, p. 163.

Note from page 102: 87. The last remnant of British power south of the western lakes was "Fort Miami," just below the Rapids of the Maumee, and about fifty miles south of Detroit. These forts were surrendered or evacuated in 1796, in conformity with the treaty of London, 1794. They had been held ten years in violation of the treaty of 1783.

Note from page 103: 88. American Pioneer, vol. ii., p. 377.

Note from page 103: 89. Idem.

Note from page 104: 90. Marshall's Kentucky, vol. i., p. 56, 57. Also, Butler, p. 95.

Note from page 105: 91. Marshall's Kentucky, vol. i., p. 58. Also, Butler, p. 96.

Note from page 105: 92. Marshall, vol. i., p. 60.

Note from page 106: 93. Marshall's Kentucky, vol. i., p. 62.

Note from page 106: 94. Idem.

Note from page 106: 95. See Doddridge, p. 243, 244.

Note from page 107: 96. See Doddridge's Indian Wars, p. 246.

Note from page 108: 97. Doddridge's Notes, p. 246.

Note from page 108: 98. The Court of Land Commissioners in Kentucky, in 1779, was constituted of William Flamming, Edmund Lync, James Barbour, and Stephen Trigg, commissioners; and John Williams, Jr., clerk. Their first session was held at St. Asaph's. — See Butler, p. 100, 101. Also, Marshall, vol. i., p. 101.

Note from page 108: 99. Marshall, p. 101, 102. Also, Butler, p.101.

Note from page 110: 100. See Butler, p. 102-104.

Note from page 110: 101. See book iii., chap. iv., of this work.

Note from page 111: 102. Butler's Kentucky, p. 99.

Note from page 111: 103. Marshall's Kentucky, vol. i., p. 103.

Note from page 112: 104. The prices of other articles were in proportion to corn; but as this was an article of prime demand, it is given as a criterion for estimating; the value of other things. In June following, when corn had fallen to thirty dollars per bushel, the tavern rates in Ohio county, Virginia., were established by the county court, in Continental paper money, as follows:

1. Breakfast or supper	$4 00
2. Half a pint of whisky	6 00
3. Dinner	6 00
4. Lodging, with clean sheets	3 00
5. Horse to hay over night	3 00
6. One gallon of corn	5 00
7. One gallon of oats	4 00
8. Half pint of whisky, with sugar	8 00
9. One quart of strong beer	4 00

The currency, Continental money, continued to diminish in value until 1781, when the charge for dinner was fixed by court at twenty dollars; breakfast and supper at fifteen dollars. — See American Pioneer, vol. ii., p. 378.

Note from page 113: 105. See Marshall's Kentucky, vol. i., p. 91, 92; also, p. 102, 103.

Note from page 115: 106. Doddridge, p. 291, 292.

Note from page 115: 107. Idem, p. 292.

Note from page 116: 108. Doddridge, p. 293.

Note from page 116: 109. Idem, p. 245.

Note from page 116: 110. American Pioneer, vol. ii., p. 377, 378.

Note from page 117: 111. Marshall, vol. i., p. 110.

Note from page 117: 112. Butler's Kentucky, p. 114-119.

Note from page 117: 113. See Flint's History and Geography, vol. ii., p. 461, first edition.

Note from page 118: 114. Butler, p. 115, 116.

Note from page 119: 115. Marshall, vol. i., p. 113.

Note from page 120: 116. Butler, p. 118.

Note from page 121: 117. Marshall, vol. i., p. 118.

Note from page 121: 118. Idem.

Note from page 122: 119. Marshall's Kentucky, vol. i., p. 118.

Note from page 123: 120. Butler, p. 119.

Note from page 123: 121. Marshall's Kentucky, vol. i., p. 112.

Note from page 124: 122. See biographical sketch and obituary notice, in the "Western Christian Advocate," February 7, 1845. In Flint's Life of Boone, the name of "Ashton" is erroneously used instead of Estill. The biographical sketch, in the Western Christian Advocate, from the pen of W. G. Montgomery, assumes the 22d of March, 1782, as the precise date of Estill's defeat. Marshall and Butler give it in May.

Note from page 125: 123. See Marshall, vol. i., p. 128-130. Also, Butler, p. 122-124. 5 Marshall's Reports.

Note from page 126: 124. Marshall, vol. i., p. 130.

Note from page 126: 125. Life of Boone, p. 193.

Note from page 126: 126. Marshall, vol. i., p. 130-132.

Note from page 128: 127. Butler's Kentucky, p. 128-130.

Note from page 130: 128. See Doddridge's Indian Wars, &c., p. 248-265.

Note from page 130: 129. Doddridge's Notes.

Note from page 131: 130. The Moravians on the Muskingum were originally from the Susquehanna River, and were comprised in several towns, or villages, under the superintendence of the Moravian missionaries. They had occupied their villages on the Susquehanna some years, when the Indian war of Pontiac broke out, in 1763. In consequence of the extensive outrages and massacres by the hostile Indians on the frontier settlements of Pennsylvania, a portion of these peaceable Indians were massacred, as we have before observed, by the lawless Paxton Boys. The remainder of them, having been preserved with great difficulty from the infuriate vengeance of those zealots, and the same hostility, on the part of those who had composed this lawless band, continuing after the close of the war, without much prospect of change, it was at length "deemed high time they should retire to some Indian country beyond the Ohio." They accordingly left the Susquehanna for the Muskingum in the year 1773. — See Gordon's Pennsylvania, p. 473, &c.

Note from page 134: 131. See Doddridge, p. 260-264.

Note from page 134: 132. This town, in 1766, was the only Indian village on the Ohio River, at which time it contained sixty Indian families. — Old Navigator, p. 25.

Note from page 136: 133. Doddridge, p. 872.

Note from page 136: 134. Idem, p. 275.

Note from page 137: 135. No injustice should be done Girty, degraded as he stands before the tribunal of posterity. His conduct at the execution may have been assumed as a consideration of personal security from the suspicion which any interference or evidence of disapprobation might excite in the minds of the Indian chiefs. It is affirmed that Simon Girty, on the day previous to the burning of Crawford, proposed to purchase the prisoner from Captain Pipe, the Delaware chief, for a ransom of three hundred and fifty dollars, with a design of preserving his life; but Captain Pipe indignantly refused the offer, and severely menaced him for his interference. It has also been ascertained that Girty, on the night previous to the fatal defeat, had an interview with Colonel Crawford, and privately apprised him of the contemplated movements of the Indians, and advised him to escape that night. A suspicion of treachery or partiality for the white man might have brought destruction upon his own head. — See American Pioneer, vol. ii., 284, 285.

Note from page 137: 136. Doddridge, p. 276.

Note from page 139: 137. Doddridge, p. 279, 280.

Note from page 139: 138. Idem, p. 281.

Note from page 139: 139. Sparks's Writings of Washington, vol. ii., p. 346.

Note from page 142: 140. Marshall's History of Kentucky, vol. i., p. 146, 147.

Note from page 142: 141. Daring the term of service for this expedition, so much had public attention been absorbed in locating, settling, and securing lands, that, in compliance with the wishes of a large portion of the people, and in order to prevent any undue advantage over those who were engaged in the expedition, General Clark declared martial law in force, so far as to order the land-office to be closed until the return of the expedition, or until the first of November. Colonel Thomas Marshall was surveyor of Fayette county, and George May of Jefferson. — See Marshall's Kentucky, vol. i., p. 150-154.

Note from page 143: 142. American Pioneer, vol. i., p. 101.

Note from page 143: 143. Marshall's Kentucky, vol. i., p. 179.

Note from page 144: 144. The court consisted of John Floyd and Samuel M'Dowell, judges; John May, clerk; and Walker Daniel, district attorney. — See Butler's Kentucky, p. 141, 142.

Note from page 145: 145. See American Pioneer, vol. i., p. 60.

Note from page 146: 146. M'Donald's Sketches, p. 250, 251.

Note from page 147: 147. See chap. ix. of this book, "Indian Relations," &c.

Note from page 147: 148. Butler's Kentucky, p. 140.

Note from page 148: 149. Mr. Wetmore says, "there is a small difference between the moral sense of the savage and the white man." "The red man is esteemed honorable in proportion to the number of grand larcenies he may have perpetrated; and this engaging quality of horse-stealing is esteemed a virtue next to that of taking scalps. An Indian, therefore, has a table on his war-club with two columns, in which he enters in hieroglyphics the number of transactions of each class, which are to render him illustrious." — See Wetmore's Gazetteer of Missouri, p. 299.

Note from page 151: 150. M'Donald's Sketches, p. 250, 251.

Note from page 152: 151. M'Donald's Sketches, p. 251.

Note from page 153: 152. See Butler's Kentucky, p. 151, 152.

Note from page 153: 153. Idem.

Note from page 154: 154. To the honor of Virginia, although she failed suitably to reward him for his many services, or to shield him against the claims of public creditors, she did not desert him in the darkest hour, when poverty and old age had borne him down. She had repeatedly testified her exalted estimate of his services; but his necessities required something more than empty honors. In September, 1779, the Governor of Virginia, authorized by the Legislature, presented Colonel Clark an elegant sword in token of gratitude for his extraordinary services and gallantry. Several years afterward, harassed for claims created for the public service, and stripped of his property for public debts, smarting under the anguish of the injustice of his state, and the ingratitude of his country, in a fit of despair he indignantly broke this sword in pieces and threw it from him, disdaining to possess the empty mockery of his wrongs. Subsequently, in the year 1812, the Legislature of Virginia, sympathizing with him in his misfortunes, in token of their esteem and gratitude, voted him another sword, with proper emblems and devices, to be presented by the governor. — See Butler's Kentucky, Appendix, p. 480, and 437-439. General Clark lived several years afterward, in poverty and obscurity, his only dependence being his pension from the State of Virginia as a half-pay officer, amounting to four hundred dollars per annum.

Note from page 155: 155. The renewal of active hostilities by the Indians at this time was the result of instigation and intrigue on the part of the British authorities of Canada. In 1786, President Washington dispatched Baron Steuben as commissioner to Sir Frederic Haldiman, Governor of Canada at Quebec, fully authorized to receive possession of the northwestern posts, agreeably to the provisions of the treaty of 1783. But the governor informed the baron that the posts would not be surrendered; he also refused to furnish him with passports for the prosecution of his journey to Detroit. The same winter a grand council of the northwestern tribes was assembled at Detroit, which was attended by delegates from the Six Nations, the Hurons, Ottawus, Miamis, Shawanese, Chippewas, Delawares, Potawatamies, and Cherokees. At the council convened in December were the British agents M'Key, Elliott, Simon Girty, and Sir Alexander M'Kenzie, "dressed and painted in the Indian style." At this council the Indians were urged to unite their efforts to resist the advance of the American settlements beyond the Ohio; and Sir Alexander, just from his exploring tour through remote northern tribes, assured them that their red brethren north of the Lakes were ready to join them in resisting the American claims. They also had assurance of the aid and countenance of his Britannic majesty. To give them more efficient aid, a new British fort was soon afterward erected upon the Maumee, just below "the Rapids." — See Lanman's History of Michigan.

Note from page 156: 156. M'Donald's Sketches, p. 252.

Note from page 156: 157. Idem, p. 253.

Note from page 157: 158. M'Donald's Sketches, p. 253.

Note from page 159: 159. See American State Papers, Indian Affairs, vol. i., p. 84, folio edition.

Note from page 159: 160. Idem, p. 86.

Note from page 160: 161. American State Papers, Indian Affairs, vol. i., p. 86, 87.

Note from page 161: 162. American State Papers, Indian Affairs, vol i., p. 88.

Note from page 161: 163. Idem, p. 86.

Note from page 161: 164. Idem, p. 68.

Note from page 162: 165. American State Papers, Indian Affairs, p. 90, 91.

Note from page 162: 166. Idem, p. 91. Also, Butler's Kentucky, p. 190.

Note from page 163: 167. See chap, xi., "Indian Wars and Military Operations of the United States," &c.

Note from page 164: 168. The Indians have a bell attached to each horse, to facilitate their search for them when at large in the woods. If a deer hear the sound of a horse-bell in the forest, instead of flying, he will stand with wonder, and gaze steadily at the horse to which it is attached, while the hunter is enabled to take deliberate aim. — Kenton. See M'Donald's Sketches, &c.

Note from page 165: 169. M'Donald's Sketches, p. 254, 255.

Note from page 165: 170. Idem, p. 256.

Note from page 165: 171. Idem, p. 257.

Note from page 166: 172. M'Donald's Sketches, p. 258, 259.

Note from page 167: 173. M'Donald's Sketches, p. 260.

Note from page 170: 174. Butler's Kentucky, p. 117.

Note from page 171: 175. On this subject, Mr. Butler's account of the proceedings of the convention is so exceedingly confused and obscure, that it defies human acumen to unravel or to explain his narrative — See Butler's Kentucky, p. 148-151; 164-167; and 174-181. Also, Marshall's Kentucky, vol. i., p. 194,195.

Note from page 174: 176. See Wilkinson's Memoirs, passim.

Note from page 175: 177. Butler's Kentucky, p. 148.

Note from page 175: 178. Idem, p. 149.

Note from page 175: 179. Idem, p. 150.

Note from page 176: 180. Butler, p. 150, 151.

Note from page 176: 181. Idem, p. 164.

Note from page 177: 182. Marshall's Kentucky, vol. i., p. 441. The tide of emigration to Kentucky had been remarkably strong for two years previous to 1790. By a register kept at Fort Harmar, at the mouth of Muskingum, it appeared that in twelve months, comprising portions of the years 1788 and 1789, twenty thousand persons of all descriptions had descended the Ohio in eight hundred and fifty boats of all kinds, containing, also, six hundred wagons, seven thousand horses, three thousand cows, and nine hundred head of sheep. The greatest portion of this immense emigration was moving for Kentucky. — See Holmes's Annals, vol. ii., p. 370.

Note from page 178: 183. Marshall, vol. i., p. 395-419.

Note from page 179: 184. Until the administration of Thomas Jefferson, the intercourse between the President of the United States and Congress, as well as between the state governors and their respective Legislatures, was by a formal address, delivered in person, followed by a formal response and reply. This mode of intercourse, a relic of the monarchical usages of the royal governors, although calculated for the colonies of a splendid monarchy, was very inconvenient for the business intercourse of a simple form of Republican government, and not unfrequently gave rise to a premature agitation of public measures, or the committal of the legislative bodies to the approbation of measures before they had been fairly understood or properly investigated. Hence Mr. Jefferson first introduced the present mode of intercourse by written message, which has been adopted by the state governors. — See Butler's Kentucky, p. 212.

Note from page 180: 185. Butler's Kentucky, p. 173.

Note from page 180: 186. Idem, p. 180.

Note from page 180: 187. Robert Todd, John Edwards, John Allen, Henry Lee, and Thomas Kennedy were commissioners for locating the state capital. A "Court of Appeals" was organized, consisting of one chief-justice and two associate judges. The first Court of Appeals consisted of George Muter, chief justice, and Benjamin Sebastian and Caleb Wallace, associate judges. — See Butler, p. 212, 213.

Note from page 181: 188. Imlay's America, p. 180.

Note from page 182: 189. Martin's Louisiana, vol. ii., p. 106.

Note from page 183: 190. Butler, p. 184. Marshall, vol. i., p. 346.

Note from page 183: 191. Butler, p. 183, 184.

Note from page 184: 192. Butler's Kentucky, p. 161; also, p. 164-190. Marshall, vol. i., p. 320-360.

Note from page 184: 193. See book iv., chap. iii., "Spain in the Valley of the Mississippi."

Note from page 186: 194. American State Papers, Boston edition, vol. iv., p. 33.

Note from page 187: 195. American State Papers, Boston edition, vol. ii., p. 37.

Note from page 187: 196. Idem, p. 39.

Note from page 187: 197. Butler, p. 225.

Note from page 187: 198. Idem, p. 224. Also, Marshall, p. 100.

Note from page 188: 199. American State Papers, Boston edition, vol. ii., p. 49.

Note from page 188: 200. Idem, p. 50.

Note from page 188: 201. Idem, p. 47.

Note from page 188: 202. Idem, p. 49.

Note from page 188: 203. Idem, p. 54.

Note from page 189: 204. Butler's Kentucky, p. 226, 227.

Note from page 189: 205. Mr. Jay, in his negotiations with the Spanish minister, had entertained the proposition of surrendering the navigation of the Mississippi for twenty or thirty years, while the western settlements were comparatively small, in consideration of a free and unrestricted navigation of the river after the expiration of that period.

Note from page 189: 206. Butler, p. 235.

Note from page 189: 207. Idem, p. 228.

Note from page 190: 208. See Flint's History and Geography of the Mississippi Valley, vol. ii., p. 289-299, first edition. Also, chapter xi., of this book.

Note from page 190: 209. See Flint's History and Geography of the Mississippi Valley, vol. ii., p. 273, first edition.

Note from page 191: 210. The governors of Kentucky are as follows:

1. Isaac Shelby, from 1792 to 1796, September.	9. Joseph Desha, from 1824 to 1828, September.
2. James Garrard, from 1796 to 1804, September.	10. Thomas Metcalfe, from 1828 to 1832, September.
3. Christopher Greenup, from 1804 to 1808, September.	11. John Breathitt, from 1832 to 1835, September.
4. Charles Scott, from 1808 to 1812, September.	12. James T. Morehead, from 1835 to 1836, acting governor.
5. Isaac Shelby, from 1812 to 1816, September.	13. James Clark, from 1836 to 1839: died September 27, 1839.
6. George Madison, from 1816.	14. Charles A. Wickliffe, from 1839 to 1840, acting governor.
7. Gabriel Slaughter, from 1816 to 1820, acting governor.	15. Robert P. Letcher, from 1840 to 1844, September.
8 John Adair, from 1820 to 1824, September.	16. William Ousley, from 1844 to 1848 September.

— Bradford's Illustrated Atlas, p. 124 and American Almanac for 1845.

Note from page 192: 211. See Guthrie's Geography, vol. ii., p. 451. Smith's Gazetteer of the United States, p. 320.

Note from page 194: 212. Pittsburgh Navigator for 1814. Also, American Pioneer, vol. i., p. 302-308.

Note from page 194: 213. Pioneer, vol. ii., p. 62.

Note from page 194: 214. p. 305.

Note from page 195: 215. See American Pioneer, vol. ii., p. 62, 63.

Note from page 196: 216. American Pioneer, vol. i., p. 305.

Note from page 196: 217. Idem, p. 306.

Note from page 199: 218. See American Pioneer, vol. ii., p. 64.

Note from page 199: 219. Idem, p. 59-62.

Note from page 200: 220. See American Pioneer, vol. i., p. 40-43.

Note from page 207: 221. American Pioneer, vol. ii., p. 206-210.

Note from page 208: 222. See American Pioneer, vol. ii., p. 210, 211.

Note from page 209: 223. See American Pioneer, vol. ii., p. 212.

Note from page 209: 224. Idem, p. 212, 213.

Note from page 210: 225. Writings of Washington, vol. xii., p. 52.

Note from page 210: 226. Pioneer, vol. i., p. 306.

Note from page 211: 227. Pioneer, vol. ii., p. 368-370.

Note from page 211: 228. Ibidem.

Note from page 214: 229. The Miami was a British post, situated on the north side of the Maumee River, about two miles below the Rapids. This fort fell under the league of Pontiac, in 1763, and its garrison was massacred. It was reoccupied during the war of the Revolution, and was discontinued at the peace of 1783; but in November of 1793, when General Wayne was advancing into the Indian country, the British troops under Colonel Hamilton reoccupied it, under orders from the commandant at Detroit. It was strongly fortified, and maintained until 1796, as a support to the Indian tribes in alliance with Great Britain. — See Marshall's Washington, vol. v., p. 509.

Note from page 216: 230. Butler's Kentucky, p. 50, 51, Introduction.

Note from page 216: 231. American State Papers, Indian Affairs, vol. i., p. 15, folio edition.

Note from page 217: 232. American State Papers, Indian Affairs, vol. i., p. 10.

Note from page 218: 233. Mr. Gist, in his explorations in 1752, visited this French fort, a mere trading-post with a stockade. By him the stream was called "Mad Creek;" and now it is known as Mad River. — See Imlay's America, p. 120.

Note from page 218: 234. American State Papers, Indian Affairs, vol. i., p. 7, folio edition.

Note from page 218: 235. American Pioneer, vol. i., p. 25, 26.

Note from page 219: 236. American State Papers, Indian Affairs, vol. i., p. 11, 12.

Note from page 220: 237. American State Papers, Indian Affairs, vol. i., p. 40-44.

Note from page 220: 238. Idem, p. 432.

Note from page 221: 239. See American State Papers, Indian Affairs, vol. i., p. 48; also, p. 432, &c.

Note from page 222: 240. Description of Fort Harmar. — Fort Harmar was erected, under the superintendence of Major John Doughty, in the autumn of 1785. It was situated upon a second bottom, six or eight feet above the first bottom, extending across from the Ohio to the Muskingum. The outline was that of a regular pentagon, including about three fourths of an acre of ground. The curtains, or main walls, were constructed of large timbers horizontally raised to the height of twelve or fourteen feet, and were each one hundred and twenty feet long. Bastions, also pentagonal, and fourteen feet high, were made of large timbers set upright in the ground, and tied by cross timbers, tree-nailed, to each upright piece. The fifth, or inner side, was occupied by dwellings, or quarters, for the officers; and the main sides, or curtains, by the barracks, or quarters, for the soldiers. The roofs inclined inward, and each house was divided into four rooms. The quarters for the officers was a large two story house, built of hewed logs. Upon the roof of the barracks, facing the Ohio, was a cupola, or square tower, surmounted by a flag-staff and occupied by a sentinel. An arsenal of large logs, covered with earth, formed a place of security as a magazine. At a short distance were highly-cultivated gardens. See plate. — American Pioneer, vol. i., p. 25, 26.

Note from page 225: 241. American State Papers, Indian Affairs, vol. i., p. 5.

Note from page 225: 242. See Cincinnati in 1841, p. 367. Also, Burnett's Letters, p. 100, &c.

Note from page 226: 243. American State Papers, Indian Affairs, General Wayne's Dispatches.

Note from page 226: 244. See Burnett's letters, p. 49, 50.

Note from page 228: 245. See Marshall's Life of Washington, vol. v., p. 274, 275. Alexander M'Gillivray was a half-breed Creek, son of a Scotch trader, born in the Creek nation, a man of intellect and good acquirements, having received his education in Charleston, South Carolina. Being a principal chief, he exerted a strong influence over his nation.

Note from page 228: 246. See Drake's Book of Indians, book iv., p. 39, 40.

Note from page 229: 247. See Martin's Louisiana, vol. ii., p. 106, 107. Also, Marshall's Life of Washington, vol. v., p. 274, 275, first edition.

Note from page 229: 248. Martin, vol. ii., p. 113, 114.

Note from page 230: 249. See chap. x. of this book, "Early Settlement and Indian Hostilities in Southwestern Territory."

Note from page 230: 250. Sparks's Writings of Washington, vol. xii., p. 88.

Note from page 230: 251. American State Papers, Indian Affairs, vol. i., p. 83.

Note from page 231: 252. American State Papers, Indian Affairs, vol. i., p. 124.

Note from page 231: 253. A portion of the western Cherokees were more unfriendly than the eastern portion of the nation. The Chickamaugas, on the extreme west of the Cherokee country, had been peculiarly hostile, and had been instrumental in fomenting a feeling of enmity between the Indians and the whites of Tennessee. President Washington, in his message to Congress November 6th, 1792, observes: "Apart of the Cherokee nation, known by the name of the Chickamaugas, inhabiting five towns on the Tennessee River, have long been in the practice of committing depredations on the neighboring settlements." — See Sparks's Writings of Washington, vol. xii.

Note from page 234: 254. American State Papers, Indian Affairs, vol. i., p. 543.

Note from page 235: 255. American State Papers, Indian Affairs, vol. i., p. 562.

Note from page 237: 256. The relinquishment by the Legislatures of the several states was in the following order: that of New York, March 1st, 1780; that of Virginia, April 23d, 1784; that of Massachusetts, April 19th, 1785; that of Connecticut, September 13th, 1786.

Note from page 240: 257. The "Ohio Company" was formed by a number of officers and soldiers of the Revolutionary army, who resolved to emigrate to the West to retrieve their exhausted fortunes in a new country. Many of them had lost their property and estates during the troubles and disasters of the Revolution, and were now advanced in life and involved in debts which their means were insufficient to discharge. Their interest in the increasing value of their lands promised them the means of discharging their liabilities and securing a competence for their families. Many of them held large claims against the government, which they could obtain no other way.

Note from page 241: 258. See American Pioneer, vol. i., p. 90, 91.

Note from page 242: 259. See American Pioneer, vol. i., p. 64.

Note from page 242: 260. Idem, vol. i., p. 86-88.

Note from page 244: 261. See American Pioneer, vol. i., p. 83, 84.

Note from page 244: 262. It might be interesting to some readers to have the names of the individuals who constituted the first civil and military organization in the Northwestern Territory. They are as follows:

1. MILITIA. Captains. — Nathaniel Gushing, Nathan Goodale, Charles Knowles. Lieutenants — George Ingersol, Wanton Casey, Samuel Stebbins. Ensigns. — James Backus, Joseph Lincoln, Arnold Colt.

2. CIVIL AUTHORITIES. Justices of Peace. — Rufus Putnam, Benjamin Tupper, Winthrop Sargent. Probate Court — Rufus Putnam, judge; Return J. Meigs, clerk. Quarter Sessions. — Archibald Casey, Isaac Pierce, Thomas Lord, Esqrs., justices; Return J. Meigs, clerk. Sheriff — Ebenezer Sproat. The Supreme Court, composed of the Territorial Judges — Samuel Holden Parsons, James Mitchell Varnum, and John Cleves Symmes; and William Callis, clerk. — See Atwater's History of Ohio, p. 130.

Note from page 247: 263. See American Pioneer, vol. i., p. 84. Also, Atwater's Ohio, p. 131.

Note from page 248: 264. See American Pioneer, vol. i., p. 98, 99. Also, Burnett's Letters, p. 135-145

Note from page 249: 265. Cincinnati in 1841, p. 15. Burnett's Letters, p. 18. Also, Atwater, p. 132.

Note from page 250: 266. Cincinnati in 1841, p. 15-17.

Note from page 250: 267. See Burnett's Letters, p. 11.

Note from page 251: 268. Burnett's Letters, p. 16-18.

Note from page 251: 269. Cincinnati in 1841, p. 18.

Note from page 252: 270. Cincinnati in 1841, p. 19.

Note from page 252: 271. Previous to the arrival of Governor St. Clair at Fort Washington, no civil government existed in this portion of the country, and no judicial tribunal was open. The inhabitants were compelled to take some steps for their own protection against the vicious and unprincipled. To this effect, notice was given throughout the settlement that there would be a public meeting of the people next day to consult what was necessary for the common safety. The meeting convened, agreeably to notice, under a large spreading tree, and was organized by appointing William M'Millan chairman, and a secretary. A code of by-laws was formed, and the punishment for certain offenses was decreed. Before adjournment, every person present pledged himself to aid in carrying these provisions into execution as the laws of the settlement. William M'Millan was appointed judge, and John Ludlow sheriff. The first culprit was Patrick Grimes, for a petit larceny. A jury, summoned for his trial, the testimony and defense being heard, found him guilty, and the judge awarded to him thirty-nine lashes on his bare back, which was inflicted the same evening. Some weeks afterward another writ was issued for a culprit, but he escaped to the garrison and claimed the protection of the commandant, who next day sent to Judge M'Millan an abusive note; to which a spirited reply was returned by the judge, setting the commandant at defiance. The military pride of the subaltern was touched, and next day he dispatched a sergeant and three men to arrest the judge. The judge was a large, vigorous man, possessed of great activity. Sitting in his cabin, his first notice was the appearance of the sergeant's guard at the door. M'Millan refused to be taken alive, and forbade them entering his cabin. In the attempt to secure him, a furious contest ensued, and was continued for fifteen or twenty minutes. The sergeant and one of the guards were disabled, and the other two, more or less injured and exhausted in the struggle, withdrew, leaving the judge badly wounded, but master of his own domicile. Such was the first conflict between the civil and military authority in the Northwestern Territory, and in which the supremacy of the civil authority was fully maintained by the intrepid judge. Governor St. Clair soon afterward arrived, and, in organizing the regular government, William M'Millan was not forgotten. Although laboring under his wound, he was appointed one of the justices of the quorum. — Burnett's Letters, p. 20, 21.

Note from page 253: 272. It may be satisfactory to the reader to have the names of the persons who exercised the first civil and military authority in Hamilton county, and the second in the State of Ohio. They are as follows:

1. MILITIA. Captains. — Israel Ludlow, James Flinn, John S. Gano, and Gresham Guard. Lieutenants. — Francis Kennedy, John Ferris, Luke Foster, and Brier Virgin. Ensigns. — Scott Traverse, Ephraim Kibby, Elijah Stites, and John Dunlap.
2. Justices of the Peace. — Jacob Topping, Benjamin Stites, and John S. Gano.
3. COURT OF QUARTER SESSIONS. Associate Justices. — William Goforth, William Wells, and William M'Millan. Clerk. — Israel Ludlow. Sheriff. — John Brown. — See Atwater's Ohio, p. 130.

Note from page 253: 273. Burnett's Letters, p. 31.

Note from page 254: 274. Burnett's Letters, p. 48.

Note from page 254: 275. Idem, p. 48. Also, Winterbotham's America, vol. ii., p. 486.

Note from page 254: 276. See Atwater's Ohio, p. 157. Also, Winterbotham's America, vol. ii., p. 487.

Note from page 256: 277. For the account of General Harmar's campaign, see chap, xi., Indian Hostilities and Military Operations of the United States. — Burnett's Letters, p. 30.

Note from page 256: 278. Pioneer, vol. ii., p. 109.

Note from page 257: 279. Atwater's Ohio, p. 153.

Note from page 257: 280. Cincinnati in 1841, p. 21.

Note from page 258: 281. American Pioneer, vol. i., p. 71. Also, M'Donald's Sketches, p. 12-40.

Note from page 259: 282. American Pioneer, vol. i., p. 94, 95.

Note from page 259: 283. The "Scioto Company" was an association of several New England men, for the purchase of a large body of lands adjacent to the Ohio Company's purchase, which had not yet been defined on the west. They had been negotiating with the government to effect their purchase; but after their sale to the French emigrants, the company failed to comply with its obligations, and never became entitled to the lands in question. The easy Frenchmen were left without remedy. Many of them left the country, after suffering much from sickness, privation, and Indian troubles. Others subsequently petitioned Congress for relief; and that body generously made them a grant of a large body of lands near the Scioto, known as the "French Grant." Many, however, had migrated to the Wabash, to join their countrymen at Vincennes; some had returned to Philadelphia, and some to France. The "French Grant" by Congress for the remainder comprised twenty-four thousand acres; besides which, Congress gave them permission to purchase any other lands at a reduced price. — See Pioneer, vol. ii., p. 182, 183. Also Atwater's Ohio, p. 159.

Note from page 259: 284. See American Pioneer, vol. ii., p. 25-27.

Note from page 260: 285. See chap. xi., "Military Operations of the U. States."

Note from page 260: 286. Pioneer, vol. ii., p.149.

Note from page 260: 287. Atwater's Ohio, p. 143.

Note from page 261: 288. Cincinnati in 1841, p. 25.

Note from page 262: 289. See Mint's History and Geography, vol. ii., p. 379, first edition.

Note from page 262: 290. Atwater's Ohio, p. 151, 152.

Note from page 263: 291. Atwater's Ohio, p. 320, 321.

Note from page 264: 292. See chap. x., "Military Operations of the United States."

Note from page 264: 293. See chap. ix., "Indian Relations and Treaties."

Note from page 265: 294. See book iii., chap. iii., "Advance of Anglo-American Population," &c.

Note from page 265: 295. Winterbotham's America, vol. ii., p. 26.

Note from page 266: 296. Martin's Louisiana, vol. ii., p. 41.

Note from page 266: 297. Flint's History and Geography, vol. ii., p. 21, edition of 1828.

Note from page 267: 298. Flint's History and Geography, vol. ii., p. 21.

Note from page 267: 299. Martin's Louisiana, vol. ii., p. 41.

Note from page 267: 300. Imlay's America, p. 14, 15. Also, Guthrie's Geography, vol. ii., p. 472.

Note from page 268: 301. See Winterbotham's America, vol. ii., p. 37.

Note from page 270: 302. Imlay's America, p. 46-48.

Note from page 270: 303. Flint's History and Geog., vol. ii., p. 36, edition of 1828.

Note from page 273: 304. Flint's History of Georgia, vol. ii., p. 30-36, edition of 1828. Also, Martin's Louisiana, vol. ii., p. 89.

Note from page 273: 305. Martin's Louisiana, vol. ii., p. 102, 103.

Note from page 273: 306. See M'Donald's Sketches, Life of Massie.

Note from page 274: 307. See chap. ix. of this book, "Extension of the First White Settlements," &c.

Note from page 275: 308. The following is a catalogue of the hostilities of the war parties during the year 1791, viz.:

Early in January the Cherokees commenced their incursions against the Cumberland settlements. The first man killed was Richard Witha, shot on the 16th of January, near Papon's Creek. In February, one man was killed and another wounded near Bledsoe's Lick. In March, several murders were committed by Indians. On the first of April, Charlos Hickman was killed by them on Duck River. On the 25th of May, George Wilson was killed on the great road near Station Creek. Two days afterward, John Nicherson was killed near Smith's Fork. During the month of June, four men were killed by Creeks not far from Nashville. In July, three men were killed by Cherokees; one of these was killed within eight miles of Sumner Court-house, and one on the "new trace" across Cumberland Mountain. One man was killed in August, one in November, and one in December.

Note from page 276: 309. The following catalogue comprises the principal murders and depredations committed in Miro District during the year 1792, viz.:

On the 7th of January, a Cherokee chief and party advanced into the settlements and captured two boats descending the Cumberland River, killing John Curtis, and three young men named Seviers. On the 14th, they killed a man near Clarksville. On the 17th of February, four persons were killed on the Chickasâ trace. On the 25th, a party of Creeks penetrated within seven miles of Nashville, killed Mr. Thompson and two of his sons, and carried his wife and two other sons away captive. On the 5th of March, a party of twenty-five Indians attacked "Brown's Station," and killed four boys, only six miles from Nashville. The next day they burned all the out-buildings at "Denham's Station." During the next eighteen days, five persons were killed and three taken prisoners by the Cherokees not far from Nashville. On the 24th of March, General James Robertson and two other men were wounded by Indians. On the 8th of April, the family of Benjamin Williams, consisting of eight persons, were killed by them. One man was killed on the 8th, and another on the 23d of June. On the 26th, a party of Creeks, Shawanese, and Cherokees, attacked and captured "Zeigler's Station" where five persons were killed, four wounded, and twelve taken prisoners. From this time until the last of July, six men were killed and several more wounded in different portions of the Cumberland settlements. During this time, about two hundred horses had been stolen from both districts by Indians. During the same period, from January to December, sixteen persons, including men, women, and children, had been killed in the District of Washington, about Clinch Mountain and in the vicinity of the present town of Rogersville. The whole number of persons killed, wounded, and missing in both districts of East and West Tennessee, was about one hundred and twenty, nearly all of whom were scalped and otherwise mangled.

Note from page 277: 310. See American State Papers, Indian Affairs, vol. i., p. 230-276, folio edition.

Note from page 278: 311. The following catalogue will indicate the extent of the hostile operations of the savages in the Southwestern Territory during the year 1793, viz.:

In Miro District, Colonel Hugh Tinnan was badly wounded by Indians on the 16th of January, near Clarksburg, on the north side of Cumberland River. On the 18th, Major Shelby, James Harris, and a negro were killed near the mouth of Red River, not far from Clarksville. Several horses were stolen in the same vicinity. On the 19th, two boys in a canoe, near Clarksville, were fired upon by Indians. On the 22d, two men were killed on the trace leading from Cumberland River to Kentucky, and several horses were stolen. On the 24th, a party of Indians attacked a salt-boat in Cumberland River, killing four men and wounding two. About the some time, they attacked a pirogue manned by Frenchmen, and killed three of them. On the 26th, two men were shot by Indians on the north side of Cumberland River, near Nashville.

In the month of February these hostile operations continued. On the 17th, two negroes and a son of Colonel Bledsoe were killed, and one negro taken prisoner by the Indians. On the 22d, two boys, sons of Colonel Sanders, were killed and scalped. On the 24th, Captain Samuel Hays was killed near a neighbor's house. Several horses were stolen in the vicinity of Nashville.

In March murders were less frequent in this district. On the 9th, two brothers, named Nelson, were killed by the Cherokees. On the 18th, two young men, named Clements, were killed and scalped in the settlements east of the Cumberland Mountains.

In April, Miro District suffered severely. On the 9th day, Colonel Bledsoe was killed in his own field by a party of twenty Indians, and his premises plundered. On the 11th, two men were killed near Simcoe Creek. On the 14th, two others were killed near General Rutherford's. On the 18th, Captain Benton and two other men were killed on Cumberland, near Clarksville; and soon after, two others were killed and one wounded by Indians. On the 27th, a large party of Indians attacked Greenfield Station, but were repulsed.

The next Indian murder was that of John Hacker, on the 30th of May, near Drake's Creek.

On the 2d of June, James Steele and his daughter were killed. On the 4th, three men were killed and two wounded on the Kentucky road to Big Bone. On the 29th, Joseph Heaton was killed near Heaton's Lick.

On the first of July, three men, named Castleman, were killed, and one was wounded, at "Haye's Station." On the 15th, a man was killed near Nashville, and another on the 19th, at Johnston's Lick.

Murders were frequent in August. On the first, Samuel Miller was killed at "Joslin's Station," near Cumberland River. On the 21st, the Widow Baker and a large family of children were killed, only two escaping. On the 22d, Mrs. Wells and a family of children were killed. — See American State Papers, Indian Affairs, vol. i., p. 450-465.

Note from page 278: 312. Idem, p. 433.

Note from page 279: 313. Flint's Hist. and Geog., vol. ii., p. 40.

Note from page 279: 314. Amer. State Papers, vol. i., p. 466.

Note from page 280: 315. See Laws of the United States, vol. ii., p. 567.

Note from page 281: 316. Mitchell's Worlds, p. 216.

Note from page 282: 317. See Mississippi State Gazette, June 20th, 1820.

Note from page 283: 318. The following have been the governors of Tennessee, with their terms of service annexed, viz.:

I. Southwestern Territory.	5. Joseph M'Minn, from 1815 to 1821.
1. William Blount, from 1790 to 1796.	6. William Carroll, from 1821 to 1827.
II. State of Tennessee.	7. Samuel Houston, from 1827 to 1830.
1. John Sevier, from 1796 to 1801.	8. William Carroll, from 1830 to 1835.
2. Archibald Roane, from 1801 to 1803.	9. Newton Cannon, from 1835 to 1838.
3. John Sevier, from 1803 to 1809.	10. James K. Polk, from 1838 to 1841.
4. Willie Blount, from 1809 to 1815.	11. James G. Jones, from 1841 to 1844.

Note from page 285: 319. See chapters v. and x. of this book.

Note from page 285: 320. See American State Papers, Indian Affairs, vol. i., p. 105, 106, General Order.

Note from page 286: 321. American State Papers, Indian Affairs, vol. i., p. 105, 106.

Note from page 288: 322. Butler's Kentucky, p. 194. Marshall's Kentucky, vol. i., p. 364, 365. Atwater's Ohio, p. 135.

Note from page 289: 323. See American State Papers, Indian Affairs, vol. i., p. 121.

Note from page 290: 324. American State Papers, Indian Affairs, vol. i., p. 136, 137.

Note from page 291: 325. American State Papers, Indian Affairs, vol. i., p. 136, 137.

Note from page 292: 326. American State Papers, Indian Affairs, vol. i., p. 137.

Note from page 292: 327. See Butler's Kentucky, p. 205. Thatcher's Indian Biography, vol. ii., p. 249.

Note from page 293: 328. See American State Papers, Indian Affairs, vol. i., p. 243-489.

Note from page 293: 329. Atwater's Ohio, p. 142.

Note from page 295: 330. American State Papers, Indian Affairs, vol. i., p. 243.

Note from page 295: 331. Ibidem, p. 238.

Note from page 296: 332. American State Papers, Indian Affair, vol. i., p. 238-243.

Note from page 297: 333. American State Papers, Indian Affairs, vol. i., p. 361, General Wayne's Dispatches, Official Report.

Note from page 298: 334. Batter's Kentucky, p. 222.

Note from page 298: 335. M'Donald's Sketches, p. 262.

Note from page 298: 336. Butler's Kentucky, p. 236. Also, American State Papers, vol. ii., p. 58-61, and 72, 73, Boston edition of 1817.

Note from page 299: 337. Batter's Kentucky, p. 217, 218.

Note from page 299: 338. In the daily march, suitable ground could not always be found for this plan in full, and the plan was adhered to as far as the ground would permit. In regular marches the army generally halted about the middle of the afternoon. The quartermasters of the several sub-legions, with the quartermaster-general, surveyor, and engineer, went in advance with a front guard and selected the ground, laid off the encampment, and marked the bounds of each sub-legion, so that when the army arrived the troops proceeded to pitch their tents. This done, each company proceeded to fortify twenty feet in front of its position. This was effected by cutting down trees, trimming off the limbs, and putting them up from two to four logs high, according to the timber. Generally after the commencement of a breast-work, the whole was completed around the encampment before dark. — See American Pioneer, vol. ii., p. 392.

Note from page 300: 339. American Pioneer, vol. ii., p. 294.

Note from page 304: 340. American Pioneer, vol. ii., p. 203.

Note from page 305: 341. Butler's Kentucky, p. 237.

Note from page 305: 342. American State Papers, Indian Affairs, vol. i., p. 491. Also, Butler's Kentucky, p. 237, 238.

Note from page 306: 343. See General Wayne's Official Report, Indian Affairs, p. 491.

Note from page 307: 344. Diagram and sketch furnished by John W. Vancleve, of Dayton, June 1st, 1843. — See Pioneer, vol. ii., p. 387.

Note from page 313: 345. Ohio Gazetteer of 1841, p. 157.

Note from page 314: 346. Cincinnati in 1841, p. 28.

Note from page 314: 347. Burnett's Letters, p. 11, l2.

Note from page 314: 348. M'Donald's Sketches, p. 30, 31.

Note from page 315: 349. M'Donald's Sketches, p. 56-58.

Note from page 315: 350. Idem, p. 60, 61.

Note from page 315: 351. Idem, p. 62, 63.

Note from page 316: 352. M'Donald's Sketches, p. 64, 65.

Note from page 316: 353. Atwater's Ohio, p. 160. Also, American Pioneer, vol. i., p. 204.

Note from page 316: 354. Ohio Gazetteer, 1841, p. 489.

Note from page 317: 355. Atwater's Ohio, p. 160.

Note from page 317: 356. American Pioneer, vol. ii., p. 24.

Note from page 318: 357. Burnett's Letters, p. 48, 49.

Note from page 318: 358. American State Papers, Foreign Relation; vol. i., p. 520, edition of 1832.

Note from page 318: 359. Burnett's Letters, p. 49, 50.

Note from page 319: 360. Burnett's Letters, p. 63-66, note.

Note from page 319: 361. Ibidem.

Note from page 320: 362. Burnett's Letters, p. 63, 64, note.

Note from page 321: 363. American Pioneer, vol. i., p. 55.

Note from page 322: 364. Ohio Gazetteer, p. 51, 52.

Note from page 322: 365. American Pioneer, vol. ii., p. 98, &c.

Note from page 322: 366. American Pioneer, vol. i., p. 158.

Note from page 324: 367. See American Pioneer, vol. i., p. 174, 175; also, p. 55, 56.

Note from page 324: 368. Idem, p. 92, &c.

Note from page 325: 369. Pittsburgh Navigator of 1814, p. 81. Also, American Pioneer, vol. i., p. 157.

Note from page 325: 370. Burnett's Letters, p. 99.

Note from page 326: 371. Burnett's Letters, 101-103.

Note from page 326: 372. Idem, p. 70, 71.

Note from page 326: 373. The first territorial Legislature of the Northwestern Territory was constituted as follows:

1. Legislative Council. — Jacob Burnett, of Cincinnati; Henry Vanderburg, of Vincennes; David Vance, of Vanceville, in Jefferson county; and Robert Oliver, of Marietta. Henry Vanderburg, president; William C. Schenck, secretary; George Howard, door-keeper; and Abram Carey, sergeant-at-arms.

2. House of Representatives. From Hamilton county. — William Goforth, William M'Millan, John Smith, John Ludlow, Robert Benham, Aaron Cadwell, and Isaac Martin. From Ross county. — Thomas Worthington, Samuel Finley, Elias Langham, and Edward Tiffin. From Wayne county. — Solomon Sibley, Charles F, Chobert de Joncaire, and Jacob Visger. From Adams county. — Joseph Darlington and Nathaniel Massie. From Knox county. — Shadrach Bond. From Jefferson county. — James Pritchard. From Washington county. — Return J. Meigs and Paul Fearing. Speaker. — Edward Tiffin. Cleric. — JohnReily. Door-keeper. — Joshua Rowland. Sergeant-at-arms. — Abram Carey. Joseph Carpenter was appointed public printer on the 30th day of September.

Note from page 328: 374. American Pioneer, vol. ii., p. 368-371.

Note from page 328: 375. Atwater's Ohio.

Note from page 328: 376. See Atwater's Ohio, p. 158.

Note from page 328: 377. See Burnett's Letters, p. 77.

Note from page 329: 378. Atwater's Ohio, p. 160, 161.

Note from page 329: 379. Burnett's Letters, p. 108.

Note from page 330: 380. Laws of Ohio, vol. i., p. 37-39. Also, Land Laws of the United States, vol. iii., p. 497.

Note from page 331: 381. Burnett's Letters, p. 111.

Note from page 331: 382. Idem, p. 110.

Note from page 332: 383. Burnett's Letters, p. 108. Also, Laws of Ohio, vol. i., p. 42-67, edition of 1805.

Note from page 332: 384. Idem, p. 110.

Note from page 332: 385. The Convention organized by electing Edward Tiffin president, and Thomas Scott secretary. The delegates from the several counties represented in the Convention were,

1. Hamilton county. — Francis Dunlavy, John Paul, Jeremiah Morrow, John Wilson, Charles Willing Bird, William Goforth, John Smith, John Reily, John W. Brown, and John Kitchell.
2. Adams county. — Joseph Darlington, Thomas Kircher, and Israel Donaldson.
3. Ross county. — Edward Tiffin, Nathaniel Massie, Thomas Worthington, Michael Baldwin, and James Grubb.
4. Jefferson county. — Randolph Blair, John Milligan, George Humphrey, Bazaleel Wells, and Nathan Updegraff.
5. Trumbull county. — Samuel Huntington and David Abbott.
6. Belmont county. — James Caldwell and Elijah Woods.
7. Fairfield county. — Emanuel Carpenter and Henry Abrahams.
8. Washington county. — Ephraim Cutler, Rufus Putnam, John M'Intire, and Benjamin Ives Gilman.
9. Clermont county. — Philip Gatch and James Sargent.

Note from page 333: 386. Atwater's Ohio, p. 171-173.

Note from page 333: 387. Burnett's Letters, p. 129.

Note from page 334: 388. Michael Baldwin was elected Speaker of the House of Representatives, and Nathaniel Massie President of the Senate.

The appointments by the Legislature for conducting the state government were as follows:

Secretary of State. — William Creighton, Jr., of Chillicothe, who continued to serve until 1808.

Auditor of State. — Colonel Thomas Gibson.

Treasurer of State. — William M'Farland.

Judges of the Supreme Court. — Return J. Meigs, Jr., Samuel Huntington, and William Sprigg.

Presiding Judges of Districts. — First District, Francis Dunlavy; Second District, Wyllys Silliman; Third District, Calvin Pease.

United States Senators. — Thomas Worthington, John Smith.

The elections subsequently held by the people resulted in the election of Edward Tiffin as first Governor of the State; also, first Representative to Congress, Jeremiah Morrow.

First Adjutant-general. — Samuel Finley. — See Atwater's Ohio, p. 176; also, p. 357, &c.

Note from page 336: 389. Burnett's Letters, p. 79.

Note from page 336: 390.

GOVERNORS OF THE STATE OF OHIO.

Territorial:	5. Ethan A. Brown, from 1818 to 1822.
1. Arthur St. Clair, governor of Northwestern Territory.	6. Jeremiah Morrow, from 1822 to 1826.
	7. Allen Trimble, from 1826 to 1830.
State:	8. Duncan M'Arthur, from 1830 to 1832.
1. Edward Tiffin, from 1803 to 1808.	9. Robert Lucas, from 1832 to 1836.
2. Samuel Huntington, from 1808 to 1810.	10. Joseph Vance, from 1836 to 1840.
3. Return J. Meigs, from 1810 to 1814.	11. Wilson Shannon, from 1840 to 1844.
4. Thomas Worthineton, from 1814 to 1818.	12. Thomas W. Bartley, from 1844 to 1846.

Note from page 336: 391. Ohio Gazetteer, p. 95, edition of 1841.

Note from page 336: 392. See chapter xvi. of this book, note, Indian Treaties in "Northwestern Territory."

Note from page 337: 393. Ohio Gazetteer for 1841, p. 109.

Note from page 337: 394. Census of 1840.

Note from page 337: 395. Ohio Gazetteer for 1841, p. 561-567; also, 577.

Note from page 340: 396. See Toulmin's Digest of the Statutes, &c., of the Mississippi Territory, p. 467-477, edition of 1807, where the ordinance may be seen at length. This was the first regular digest of the laws of the Mississippi Territory, compiled by Judge Hairy Touhnin, of Washington county, and published in 1807. Timothy Terrell, territorial printer.

Note from page 340: 397. See Poindexter's Code. Also, Toulmin's Code, p. 456-459. Also, Walker's Reports of the Supreme Court of Mississippi, p. 56, 57.

Note from page 341: 398. Martin's Louisiana, vol. ii., p. 256.

Note from page 341: 399. The County Court was a Court of Common Pleas holding quarterly sessions. The first Court of Common Pleas in Adams county consisted of three associate justices, of whom Daniel Clark, Sen., was presiding justice until 1800, when he was succeeded by Bernard Lintot. In 1801, John Ellis succeeded as presiding justice; after him William Kenner. In 1810, the County Court consisted of five associate justices, and the presiding justice of the quorum was, ex officio, judge of probate. The County Court had jurisdiction in all civil cases where the amount in litigation did not exceed one thousand dollars; also, in all criminal cases wherein slaves were the offenders; also, in all matters of county police. Alexander Covington succeeded as presiding justice of the quorum in 1810. — See Circuit Court Records of Adams county.

Note from page 341: 400. Toulmin's Digest, p. 3, 4.

Note from page 343: 401. The style of this proclamation was in this form, viz.: "Know all men," &c. "In virtue of the authority vested in me by the sovereign authority of the United States, and for the purpose of extending the administration of equal justice to the inhabitants upon the Tombigby and other eastern settlements, I have thought proper, therefore, to erect a new county; and by these letters made patent, do ordain and order that all and singular the lands lying and being within the following limits, to wit," &c., "shall constitute the same; to be named, and to be hereafter called, the ‘County of Washingthon;’ and unto the said county of Washington is hereby granted all and singular the jurisdictions, rights, liberties, privileges, and immunities to a county belonging and appertaining, and which any other county that is or may hereafter be erected or laid off shall or ought to enjoy, conformably to the laws and ordinances of the United States and of this territory." — See Toulmin's Digest, p. iv.

Note from page 344: 402. The Superior Court in 1802 consisted of three judges, viz.: Daniel Tilton, Peter B. Bruin, and Seth Lewis. In 1 803 David Kerr succeeded Seth Lewis. In 1804 Thomas Rodney was reappointed; the judges in 1810 were Thomas Rodney, Walter Leake, and O. Fitz.

Note from page 344: 403. Martin's Louisiana, vol. ii., p. 179, 180.

Note from page 345: 404. Martin's Louisiana, vol. ii., p. 179-180.

Note from page 345: 405. William Charles Cole Claiborne was a native of Virginia, from an ancient family. In 1793, when quite a youth, he removed to Sullivan county, East Tennessee, where he was subsequently elected a delegate to form the state Constitution, where he began his public career. After the adoption of the state Constitution he was appointed Judge of the Supreme Court of Law and Equity by Governor Sevier. About two years afterward he was elected a member of Congress from Tennessee, in the 25th year of his age. To this post of honor and trust he was re-elected for a second term. From this station he was selected by Mr. Jefferson to serve as governor of the Mississippi Territory in 1801. See "Notes on the War in the South," &c. by Nathaniel H. Claiborne, p. 91-102.

Note from page 346: 406. See Toulmin's Digest, p. 5.

Note from page 346: 407. Idem.

Note from page 347: 408. A copy of the "Articles of Agreement and Cession" may be seen in Toulmin's Digest, p. 462-467; also, in Poindexter's Code, p. 502-505. This compact was signed on the part of the United States by James Madison, Albert Gallatin, and Levi Lincoln; and on the part of Georgia by James Jackson, Abraham Baldwin, and John Milledge, commissioners.

Note from page 348: 409. The first section of the act of March 3d, 1803, provides that all persons, heads of families, actually residing in the territory, and having claims, by grants or orders of survey, from the English, Spanish, or Georgia government, for lands, to which the Indian title had been extinguished prior to October 27th, 1793, shall be confirmed in their titles. The second section provides that every person, twenty-one years of age, who actually inhabited and cultivated any land on the 30th day of March, 1797, the day on which the Spanish troops finally evacuated the territory, and not claimed under the first section, or by any British or Georgia grant, shall have said land granted to him or her, to any amount not exceeding six hundred and forty acres. The third section provides that every such person, over twenty-one years, who at the passage of the act inhabited and cultivated any land, not secured as above, shall be entitled to a pre-emption right to their said lands. The time allowed for the presentation of claims was limited to the 31st of March, 1804, but was subsequently extended by Congress.

Note from page 348: 410. The claim of Georgia to the Western Territory, as far as the Mississippi and north of latitude 31°, has been deemed by the Supreme Court of the United States to have been valid; and that Spain exercised an unlawful jurisdiction over the same, while Georgia was the rightful proprietor of the domain. — See 12 Wheaton, 523-530.

It was further decreed, that the grants of Spain to portions of the soil "have, in themselves, no intrinsic validity, because at the very time Georgia possessed the right of soil and sovereignty." Spain had the actual occupancy; but "that occupancy was wrongful," and was never acquiesced in by Georgia or by the United States. From the treaty of 1783 until October 27th, 1795, Georgia passed many laws claiming the right of soil and jurisdiction over the country; and the United States, during the same time, by many official acts, sustained the claim of Georgia both here and at the court of Spain, until finally, on the 27th of October, 1795, Spain, by treaty with the United States, acknowledged their right "to said territory," not as a cession by Spain, but as a preexisting right. On this point the Supreme Court of the Union thus concludes the reasoning, viz.: "It follows that Spanish grants made after the treaty of 1783 can have no intrinsic validity, and the holders must depend for their titles upon the laws of the United States." — 12 Wheaton, 535. "Georgia, by the cession of 1802 to the United States, stipulated for the confirmation of certain Spanish, British, and Georgia titles, but never sanctioned the introduction of the Spanish laws." "Now, during the Spanish occupancy, Georgia had extended her laws over this country; not over detached portions of it, but over the whole territory; and her legislation was general and exclusive. The power to regulate the transfer of all the lands within the territory was vested in Georgia; and, in the language of the Supreme Court of the Union, ‘The existence of this power must negative the existence of any right which may conflict or control it.’"

"The commencement of the occupation of this country by the Spanish forces was as our ally during the war of the Revolution. Surely this could give to Spain no right of, sovereignty over the territory of her ally: nor could the subsequent occupancy by the Spanish troops, under the pretense that it was a part of Florida, introduce here the laws of Spain." "When there is a wrongful and a rightful sovereign, both legislating at the same time over the same territory, the laws of the latter must prevail." "Neither Georgia nor the United States ever acquiesced in this wrongful Spanish occupancy." The legislation asserting the title of Georgia to this territory is chiefly comprised in the following acts:

1. Statute of Georgia, February 17, 1783, extending her laws and jurisdiction over it.
2. Statute of Georgia, February 7, 1785, creating a county of "Bourbon," and the land laws of the state.
3. Statute of South Carolina, 1787, relinquishing to Georgia all her claim.
4. Act of Georgia Legislature, selling a portion of the lands; sustained by the Supreme Court of the United States. — 6 Cranch, 87.
5. Act of Georgia Legislature, February 13, 1796, relative to this territory.
6. Resolutions of Congress, October 20, 1787, consenting to South Carolina's relinquishment.
7. Report of Mr. Jefferson, Secretary of State, recognizing Georgia claim.
8. Report of commissioners to Spain in 1793, asserting same.
9. Mr. Pinckney's report to Spanish court. August, 1795, asserting same.
10. Spanish treaty, 1795, October 27, recognizing boundary of 1783.
11. Spanish evacuation of the Natchez District, March 30th, 1798.
12. Recognition of the claim by United States in act of April 7th, 1798, organizing government for the Mississippi Territory, saving "the right of the State of Georgia." — N.B. The Spanish posts on the Mobile were evacuated finally on the 5th of February, 1799.
13. Recognition by Congress, May 10,1801.
14. Cession to United States, by compact, April 24, 1802. — See Walker's Reports of Supreme Court of Mississippi, p. 52, 53, &c.

Note from page 354: 411. See Mississippi Herald, December 5, 1803.

Note from page 354: 412. See book iv., chap. v. Also, Martin's Louisiana, vol. ii., p. 183.

Note from page 355: 413. Mississippi Herald, March 25, 1804.

Note from page 356: 414. Mississippi Herald, May 2, 1804.

Note from page 358: 415. See Toulmin's Digest, p. 480-482.

Note from page 359: 416. See Toulmin's Digest, p. 19-27.

Note from page 359: 417. The first delegate, elected in May, 1805, was Dr. William Lattimore, of Wilkinson county; he was succeeded by George Poindexter, of Jefferson, elected in February, 1807. — See Mississippi Messenger, February 4th, 1807.

The third delegate was Thomas M. Green, of Greenville, who served until 1811, when he was succeeded by Dr. William Lattimoro.

Note from page 359: 418. At this public dinner by the citizens of Washington, the Hon. Thomas Rodney acted as president, and Thomas H. Williams as vice-president. — See Mississippi Herald and Natchez Gazette, June 7th, 1805.

Note from page 359: 419. The following persons constituted the governor's military staff, viz.:

William Scott, aid-de-camp, with the rank of colonel.

William B. Shields, William Wooldridge, and John F. Carmichael, aids-de-camp, with the rank of major. Thomas H. Williams served as secretary until the arrival of Cowles Mead, May 31st, 1806.

Note from page 361: 420. American State Papers, vol. v., p. 94-96. Also, vol. iii., p. 344, 345, Boston edition.

Note from page 362: 421. See Toulmin's Digest, p. 422-426.

Note from page 362: 422. Lieutenant Glasscock and his party were Anglo-Americans, and subjects of the Spanish crown, who had been English subjects of West Florida, and still retained all their hostility to the authority of the United States, and some of them had retired with the Spanish authorities from the Mississippi Territory. Among them were Benjamin Lanear, Abram Jones, — Kennedy, Jun., Obiel Brewer, — Connor, and others. — See American State Papers, vol. v., p. 111, 112, Boston edition.

Note from page 363: 423. This circumstance by Martin is erroneously given as transpiring on the 23d of September. The whole circumstances are fully detailed in the several affidavits taken on the trial at Washington. — See American State Papers, vol. v., p. 104-123, Boston edition.

The disguised white men, who, in company with the negroes, abducted the Kempers for the Spanish officer, were subsequently ascertained to have been Lewis Ritchie, Minor Butler, Abraham Horton, James Horton, Doctor Bomar, Henry Flowers, Jun., and M'Dermot, citizens of the Mississippi Territory, but accessaries and accomplices in the outrage. The guard under Captain Barker, in charge of the prisoners, was composed of Charles Stuart, John Morris, Adam Bingaman, John Ratcliff, and George Rowe, a portion of them being citizens of the Mississippi Territory. — See American State Papers, vol. v., p. 123.

Note from page 363: 424. American State Papers, vol. v., p. 98-104. Also, Martin's Louisiana, vol. ii., p. 245. For a full and detailed account of these transactions, and the entire correspondence between Governor Williams and Governor Grandpre, see Mississippi Messenger, February 4th, 1806.

Note from page 363: 425. The governor's order was directed to Colonel John Ellis, of Wilkinson county, commanding him to detail two companies of eighty men each, with officers and musicians complete, with twelve rounds of cartridge, and instructions that, "if any hostile intention were evinced by any party, to repel force by force." — See Mississippi Messenger, September 13th, 1805.

Note from page 364: 426. Martin's Louisiana, vol. ii., p. 258.

Note from page 364: 427. Martin's Louisiana, vol. ii., p. 258. Also, Land Laws of the United States, Indian Treaties.

Note from page 365: 428. See Mississippi Messenger, December 24th, 1805.

Note from page 365: 429. The old Nashville Trace extended from the settlements on Duck River, in West Tennessee, to the Grindstone Ford of Bayon Pierre. The distance, as then traveled, was as follows: From Duck River to Tennessee River, at Colbert's Ferry, one hundred miles; thence to the Chickasâ towns, ninety miles; thence to Grindstone Ford, one hundred and eighty miles. George Colbert was a half-breed Chickasâ, and resided nearly thirty miles below the Muscle Shoals; he had four or five brothers. The principal Chickasa town contained two hundred cabins, or houses. — See Bowman's Description of Country south of Tennessee.

Note from page 366: 430. Messenger, June 17th, 1806.

Note from page 366: 431. See book v., chap, xv., of this work, "Territory of Orleans," &c.

Note from page 367: 432. Major Claiborne was a brother of Governor Claiborne, formerly of the Mississippi Territory. He had been an officer in the regular army under General Wayne in 1794, and descended the river with General Wilkinson in 1798: having retired from the army in 1803, he entered the militia service.

Note from page 367: 433. The "Mississippi Blues" were organized into a company in the town of Washington early in March, 1806, in anticipation of hostilities with the Spaniards.

Note from page 367: 434. See Mississippi Messenger, December 9th, 1816. "Motion in the Federal Court of the Kentucky District against Aaron Burr, Esquire, late Vice-president of the United States, for Crimes of high Misdemeanors.

"On Wednesday, about noon, on the fifth instant, J. H. Daviess, Esquire, attorney of the United States for the above district, rose, and addressing the court, said that he had a motion to make of the utmost magnitude and extraordinary nature, and which regarded the welfare of the Union at large. That the unhappy state of his health alone had prevented him from making it on the first day of the term. That he should ground his motion on an affidavit which he would present to the court. He then made oath to the following affidavit:

"UNITED STATES OF AMERICA, KENTUCKY DISTRICT, sct. — J. H. Daviess, attorney for the United States in and for said district, upon his corporeal oath, doth depose and say, that the deponent is informed, and doth verily believe, that a certain Aaron Burr, Esquire, late Vice-president of the United States, for several mouths past hath been, and is now, engaged in preparing and setting on foot, and in providing and preparing the means, for a military expedition and enterprise within this district, for the purpose of descending the Ohio and Mississippi therewith, and making war upon the subjects of the King of Spain, who are in a state of peace with the people of these United States — to wit, on the provinces of Mexico, on the westwardly side of Louisiana, which appertain and belong to the King of Spain, a European prince with whom these United States are at peace.

"And said deponent further saith, that he is informed, and fully believes, that the above charge can be, and will be, fully substantiated by evidence, provided this honorable court will grant compulsory process to bring in witness to testify thereto.

"And the deponent further saith, that he is informed, and verily believes, that the agents and emissaries of the said Burr have purchased up, and are continuing to purchase, large stores of provisions, as if for an army; which the said Burr seems to conceal in great mystery from the people at large, his purposes and projects; while the minds of the good people of this district seem agitated with the current rumor that a military expedition against some neighboring power is preparing by said Burr.

"Wherefore said attorney, on behalf of said United States, prays, that due process issue to compel the personal appearance of the said Aaron Bun in this court, and also of such witnesses as may be necessary on behalf of the said United States, and that this honorable court will duly recognize the said Aaron Burr, to answer such charges as may be preferred against him in the premises; and, in the mean time, that he desist and refrain from all further preparation and proceeding in the said armament within the said United States, or the territories or dependences thereof.

"J. H. DAVIESS, A. U. S.

"Having read this affidavit, the attorney proceeded in the following words:

"The present subject has much engaged my mind. The case made out is only as to the expedition against Mexico; but I have information on which I can rely, that all the western territories are the next object of the scheme; and, finally, all the region of the Ohio is calculated as falling into the vortex of the new proposed revolution. What the practicability of this scheme is I will not say; but, certainly, any progress in it might cost our country much blood and treasure to undo; and, at the least, great public agitation must be expected.

"I am determined to use every effort in my power, as an officer and as a man, to prevent and defeat it.

"Having made the affidavit myself, I shall make no comments on its sufficiency.

"In cases of felony, the affidavit must be positive as to a felony actually committed, but in a misdemeanor of this nature, where the sole object of the law is prevention, such an oath can not be required; the thing must rest on belief as to the main point of guilt.

"I could easily prove positively the purchase of supplies of various kinds, but this is no offense. Mr. Burr may purchase supplies; he may import arms; he may engage men, which I am told is actually begun; yet all these things being proved make no offense; neither can proof of the declarations of his known confidants, of which abundance might be had, attach guilt to him: it is the design, the intent with which he makes these preparations that constitute his misdemeanor.

"There must be a great exertion of supposition to imagine a case in which positive proof of the illegal design can be had; it must rest in information and belief.

"The court ought, therefore, to issue a warrant or capias for the accused, and examine witnesses, when the court will be able to decide whether Mr. Burr should be bound to good behavior on the premises, or recognized to appear here and answer an indictment." — Western World, Nov. 8th, 1806.

On the second day of court, Colonel Daviess, well aware of the popular feeling and the strong efforts contemplated, and already in operation, to defeat his attempt to procure a true bill from the grand jury, made a formal motion for the discharge of the grand jury, stating that the absence of a material witness would prevent him from proceeding to establish the facts intended by him. Upon this motion, the gratification of the crowd was evinced in sneers and laughter at the abortive attempt to arraign Colonel Burr. — See Mississippi Messenger, Dec. 6th, 1806.

Note from page 369: 435. "At Marietta, Ohio, also, Colonel Burr had in a forward state no less than ten forty-feet batteaux, which were to be finished in a few weeks, besides stores, provisions," &c. These were all captured and confiscated by order of the Governor of Ohio. — See letter from Marietta, Oct. 20th, 1806, in Mississippi Messenger, Dec. 2d, 1806.

Note from page 369: 436. See chap, xv., "Territory of Orleans," &c., Dr. Carmichael's affidavit.

Note from page 369: 437. The Deposition of William Eaton, Esquire, January 26th, 1807. — "Early last winter, Colonel Aaron Burr, late Vice-president of the United States, signified to me, at this place, that, under the authority of the general government, he was organizing a secret expedition against the Spanish provinces on our southwestern borders, which expedition he was to lead, and in which he was authorized to invite me to take the command of a division. I had never before been made personally acquainted with Colonel Burr, and having for many years been employed in foreign service, I knew but little about the estimation this gentleman now held in the opinion of his countrymen and his government; the rank and confidence by which he had so lately been distinguished left me no right to suspect his patriotism. I knew him a soldier. In case of a war with the Spanish nation, which, from the tenor of the president's message to both Houses of Congress, seemed probable, I should have thought it my duty to obey so honorable a call of my country, and under that impression I did engage to embark in the expedition. I had frequent interviews with Colonel Burr in this city, and for a considerable time, his object seemed to be to instruct me, by maps and other information, in the feasibility of penetrating to Mexico, always carrying forward the idea that the measure was authorized by government. At length, some time in February, began by degrees to unveil himself. He reproached the government with want of character, want of gratitude, and want of justice. He seemed desirous of irritating resentment in my breast by dilating on certain injuries he felt I had suffered from reflections made on the floor of the House of Representatives concerning my operations in Barbary, and from the delays of government in adjusting my claims for disbursements on that coast during my consular agency at Tunis; and he said he would point me to an honorable mode of indemnity. I now began to entertain a suspicion that Mr. Burr was preparing an unauthorized military expedition, which to me was enveloped in mystery; and, desirous to draw an explanation from him, I suffered him to suppose me resigned to his counsel. He now laid open his project of revolutionizing the western country, separating it from the Union, establishing a monarchy there, of which he was to be the sovereign, New Orleans to be his capital; organizing a force on the waters of the Mississippi, and extending conquest to Mexico. I suggested a number of impediments to his scheme, such as the Republican habits of the citizens of that country, and their affection toward our present administration of government; the want of funds; the resistance he would meet from the regular army of the United States on those frontiers; and the opposition of Miranda in case he should succeed to Republicanize the Mexicans.

"Mr. Burr found no difficulty in removing these obstacles. He said he had, the preceding season, made a tour through that country, and had secured the attachment of the principal citizens of Kentucky, Tennessee, and Louisiana to his person and his measures; declared he had inexhaustible resources as to funds; assured me the regular army would act with him, and would be re-enforced by ten or twelve thousand men from the above-mentioned states and territory, and from other parts of the Union; said he had powerful agents in the Spanish territory.

"Mr. Burr talked of the establishment of an independent government west of the Alleghany as a matter of inherent constitutional right of the people; a change which would eventually take place, and for the operation of which the present crisis was peculiarly favorable. There was, said he, no energy in the government to be dreaded, and the divisions of political opinions throughout the Union was a circumstance of which we should profit. There were very many enterprising men among us who aspired to something beyond the dull pursuits of civil life, and who would volunteer in this enterprise; and the vast territory belonging to the United States which offered to adventurers, and the mines of Mexico, would bring strength to his standard from all quarters. I listened to the exposition of Colonel Burr's views with seeming acquiescence. Every interview convinced me more and more that he had organized a deep-laid plot of treason in the West, in the accomplishment of which he felt fully confident; till at length I discovered that his ambition was not bounded by the waters of the Mississippi and Mexico, but that he meditated overthrowing the present government of our country. He said if he could gain over the marine corps, and secure the naval commanders, Truxton, Preble, Decatur, and others, he would turn Congress neck and heels out of doors; assassinate the president; seize on the treasury and the navy, and declare himself the protector of an energetic government. The honorable trust of corrupting the marine corps, and of sounding Commodore Preble and Captain Decatur, Colonel Burr proposed confiding to me. Shocked at this proposition, I dropped the mask, and exclaimed against his views. He talked of the degraded situation of our country, and the necessity of a blow by which its energy and its dignity should be restored; said if that blow could be struck here at this time, he was confident of the support of the best blood of America. I told Colonel Burr he deceived himself in presuming that he, or any other man, could excite a party in this country who would countenance him in such a plot of desperation, murder, and treason. He replied that he, perhaps, knew better the dispositions of the influential citizens of this country than I did. I told him one solitary word would destroy him. He asked, what word? I answered, Usurper! He smiled at my hesitation, and quoted some great examples in his favor.

"Satisfied that Mr. Burr was resolute in pushing his project of rebellion in the west of the Alleghany, and apprehensive that it was too well and too extensively organized to be easily suppressed, though I dreaded the weight of his character when laid in the balance against my solitary assertion, I brought myself to the resolution to endeavor to defeat it by getting him removed from among us, or to expose myself to all consequences by a disclosure of his intentions. Accordingly, I waited on the President of the United States; and after some desultory conversation, in which I aimed to draw his view to the westward, I used the freedom to say to the president I thought Mr. Burr should be sent out of this country, and gave for reason that I believed him dangerous in it. The president asked where he should be sent. I mentioned London and Cadiz. The president thought the trust too important, and seemed to entertain a doubt of Mr. Burr's integrity. I intimated that no one, perhaps, had stronger grounds to mistrust Mr. Burr's moral integrity than myself, yet I believed ambition so much predominated over him, that, when placed on an eminence and put on his honor, respect to himself would insure his fidelity. His talents were unquestionable. I perceived the subject was disagreeable to the president, and, to give it the shortest course to the point, declared my concern that if Mr. Burr were not in some way disposed of, we should, within eight months, have an insurrection, if not a revolution, on the waters of the Mississippi. The president answered, that he had too much confidence in the information, the integrity, and the attachment to the Union of the citizens of that country to admit an apprehension of that kind."

Note from page 372: 438. The following is a copy of the president's proclamation, viz.:

Whereas information has been received that sundry persons, citizens of the United States, or residents within the same, are conspiring and confederating together to begin and set on foot, provide and prepare the means for a military expedition or enterprise against the dominions of Spain; that for this purpose they are fitting out and arming vessels in the western waters of the United States, collecting provisions, arms, military stores, and other means; are deceiving and seducing honest and well-meaning citizens, under various pretenses, to engage in their criminal enterprises; are organizing, officering, and arming themselves, contrary to the laws in such case made and provided: I have therefore thought fit to issue this my proclamation, warning and enjoining all faithful citizens who have been led, without knowledge or consideration, to participate in the said unlawful enterprises, to withdraw from the same without delay; and commanding all persons whatsoever, engaged or concerned in the same, to cease all further proceedings therein, as they will answer the contrary at their peril, and incur prosecution with all the rigors of the law. And I hereby enjoin and require all officers, civil and military, of the United States, or of any of the states or territories, and especially all governors and other executive authorities, all judges, justices, and other officers of the peace, all military officers of the army or navy of the United States, and officers of the militia, to be vigilant, each within his respective department, and according to his functions, in searching out and bringing to condign punishment all persons engaged or concerned in such enterprise, in seizing and detaining, subject to the dispositions of the law, all vessels, arms, military stores or other means provided or providing for the same, and in general in preventing the carrying on such expedition or enterprise by all lawful means within their power; and I require all good and faithful citizens, and others within the United States, to be aiding and assisting herein, and especially in the discovery, apprehension, and bringing to justice of all such offenders, in preventing the execution of their unlawful designs, and in giving information against them to the proper authorities.

In testimony whereof, I have caused the seal of the United States to be affixed to these presents, and have signed the same with my hand. Given at the city [L. S.] of Washington, on the 27th day of November, 1806, and in the year of the sovereignty and independence of the United States the thirty-first.

(Signed) Thomas Jefferson.

By the president, (Signed) James Madison, Secretary of State.

Note from page 374: 439. Mississippi Messenger, January 14th, 1807.

Note from page 375: 440. Mississippi Messenger, January 27th, 1807.

Note from page 375: 441. See chapter xv., "Territory of Orleans," &c. Also, the Mississippi Messenger, January 14th, 1807. Also, Idem, January 21st, 1807.

Note from page 376: 442. Mississippi Messenger, January 27th, 1807.

Note from page 376: 443. The "Natchez Herald" May 6th, 1807, in commenting upon Burr's trial at the town of Washington, asserts that "Burr and his men were caressed by a number of the wealthy merchants and planters of Adams county; several balls were given to them as marks of respect and confidence; none of his men were confined until after his trial before the Superior Court;" that "the proceedings against the accused were more like a ‘mock trial’ than a criminal prosecution; that, during the trial, Judge Bruin appeared more like his advocate than his impartial judge, as he ought to have been;" and that "both before and on the day of trial he advocated his cause as a laudable and just one."

Note from page 376: 444. The grand jury consisted of Philander Smith, foreman, Lewis Evans, Ebenezer Rees, James Spain, James Andrews, John Brooks, Looe Baker, George Overaker, H. Turner, John Rabb, Nathaniel Hoggatt, E. Newman, James Dunbar, and John Wood. — Mississippi Messenger, February 10th, 1807.

Note from page 377: 445. See Mississippi Messenger, February 10th, 1807. The substance of these presentments were equivalent to a censure upon the action of the governor and militia in arresting Burr; asserting that it was "their opinion that Aaron Burr has not been guilty of any crime or misdemeanor against the laws of the United States or of this territory."

Note from page 378: 446. Colonel Burr was arrested under the following circumstances, viz.: In company with Major Ashley, a man of bad character, he designed to reach the residence of Colonel Caller, who was known to be inimical to the Spaniards of Florida, and who had been anxious for their expulsion from Mobile. Not being able to reach Colonel Caller's, on account of high waters, be took the road down the Tombigby, toward Fort Stoddart. It was on his way that he was met by Major Perkins, with a file of men from Fort Stoddart, who had been apprised of his approach.

Note from page 379: 447. See Toulmin's Digest, p. 232-235.

Note from page 380: 448. See Toulmin's Digest, edition of 1807, printed by Samuel Terrell, territorial printer.

Note from page 380: 449. Toulmin's Digest, p. 397, 398.

Note from page 380: 450. Mississippi Messenger, Jan. and Feb., 1808.

Note from page 382: 451. Mississippi Messenger, November 5th, 1807.

Note from page 382: 452. Idem.

Note from page 383: 453. Mississippi Messenger, November 27th, 1807.

Note from page 384: 454. See Poindexter's Code, p. 467, section 7.

Note from page 384: 455. See Poindexter's Code, p. 468, 469. The branches were soon afterward established: one at Port Gibson, where books were opened by Israel Loring, Daniel Vertner, and Benjamin Smith; another at Woodville, where books were opened by Richard Butler, Edward Randolph, Charles Stewart, and Moses Liddell. A branch was also established at Pearlington, on Pearl River.

Note from page 384: 456. Darby's Louisiana, p. 289, and United States Census.

Note from page 385: 457. Martin's Louisiana, vol. ii., p. 299. Also, chapter xv. of this book, viz., "Territory of Orleans," &c.

Note from page 386: 458. Claiborne MS. Papers.

Note from page 387: 459. The general staff was composed of Andrew Jackson, major-general; William B. Lewis, assistant deputy quartermaster; William Carroll, brigade inspector; James Henderson, brigrade quartermaster; Colonel Thomas H. Benton, first aid; John Reid, second aid. A regiment of cavalry was commanded by Colonel John Coffee. See Kendall's Life of Jackson, p. 134-138.

Note from page 387: 460. Kendall's Life of Jackson, p. 138, 139.

Note from page 387: 461. Waldo's Life of Jackson, p. 55. Eaton, p. 19, 20.

Note from page 388: 462. Kendall, p. 144-146.

Note from page 388: 463. Eaton's Life, p. 23.

Note from page 388: 464. Waldo's Life of Jackson, p. 58. See, also, Kendall's Life of Jackson, p. 150-152.

Note from page 389: 465. See book i., chap., v., of this work.

Note from page 389: 466. Land Laws of the United States, p. 612, edition of 1827.

Note from page 394: 467. Among the evidences of Tecumseh's visit and agency in exciting the Creek war, and inducing the Creeks to take up the hatchet as allies of Great Britain, the following affidavit of Samuel Manac, a respectable and wealthy half-breed Creek, may be taken as one which is corroborated by undoubted testimony, viz.:

The Deposition of Samuel Manac, of lawful age, a Warrior of the Creek Nation.

MISSISSIPPI TERRITORY, WASHINGTON DISTRICT:
About the last of October, 1812, thirty northern Indians came down with Tecumseh, who said he had been sent by his brother, the Prophet. They attended our council at the Tuccabache, and had a talk for us. I was there for the space of three days; but every day, while I was there, Tecumseh refused to deliver his talk; and, on being requested to give it, said that the sun had gone too far that day. The next day I came away, and he delivered his talk. It was not until about Christmas that any of our people began to dance the war-dance. The Muskhogees have not been used to dance before war, but afterward. At that time about forty of our people began this "northern custom;" and my brother-in-law, Francis, who also pretends to be a "prophet," was at the head of them.

Their number has very much increased since, and there are probably now more than one half of the Creek nation who have joined them. Being afraid of the consequences of a murder having been committed on the mail-route, I left my house on the road, and had gone down to my plantation on the river, where I remained some time. I went to Pensacola with some steers; during which time my sister and brother, who have joined the war party, came and took off a number of my horses, and other stock, and thirty-six of my negroes. About twenty-two days ago I went up to my house on the road, and found some Indians encamped near it, and I tried to avoid them, but could not. An Indian came to me, who goes by the name of High-headed Jim, and who, I found, had been appointed to head a party sent from the Autossee town, on the Tallapoosa, on a trip to Pensacola. He shook hands with me, and immediately began to tremble and jerk in every part of his frame, and the very calves of his legs were convulsed, and he would get entirely out of breath with the agitation. This practice was introduced in May or June last by "the Prophet Francis," who says that he was so instructed by the Spirit. High-headed Jim asked me what I meant to do. I said that I would sell my property, and buy ammunition, and join them. He then told me that they were going down to Pensacola to get ammunition, and they had got a letter from a British general, which would enable them to receive ammunition from the governor; that it had been given to the Little Warrior, and was saved by his nephew when he was killed, and by him sent to Francis. High Head told me that, when they went back with their supply, another body of men would go down for another supply of ammunition ; and that ten men were to go out of each town, and they calculated on five horse-loads for every town. He said they were to make a general attack on the American settlements; that the Indians on the waters of the Coosa, Tallapoosa, and Black Warrior were to attack the settlements on the Tombigby and Alabama, particularly the Tensas and Fork settlements; that the Creek Indians bordering on the Cherokees were to attack the people of Tennessee, and that the Seminoles and Lower Creeks were to attack the Georgians; that the Choctâs also had joined them, and were to attack the Mississippi settlements; that the attack was to be made at the same time in all places, when they had become furnished with ammunition.

I found from my sister that they were treated very rigorously by the chiefs; and that many, especially the women, among them two daughters of the late General M'Gillivray, who had been induced to join them in order to save their property, were very desirous of leaving them, but could not.

I found from the talk of High Head that the war was to be against the whites, and not between the Indians themselves; that all they wanted was to kill those who had taken the talk of the whites, viz.: the Big Warrior, Alexander Curnels, Captain Isaac, William M'Intosh, the Mad Dragon's son, the Little Prince, Spoke Kange, and Tallassee Thicksico. They have destroyed a large quantity of my cattle, have burned my houses and my plantation, as well as those of James Curnels and Leonard M'Gee.

(Signed) SAMUEL (S. M. his mark) MANAC.

Sworn to and subscribed before me, one of the United States judges for the Mississippi Territory, this 2d day of August, 1813. HARRY TOULMIN
(A true copy.) GEORGE T. ROSS, Lieutenant-colonel of Volunteers

Note from page 396: 468. Before the mission of Tecumseh, it had been the custom of the Creeks and Choctâs to celebrate the war-dances after the war was finished, or after any signal victory, not before hostilities commenced.

Note from page 397: 469. The following is a copy of Mushulatubbe's letter to Captain Gaines:

"Choctâ Nation, July 15th, 1813.

"FRIEND AND BROTHER, —
"On the 15th of June I thought proper to call my friends and warriors together, to judge of the improper proceedings of the Muskhogees, and on that day wrote my sentiments, and sent four of my captains to their nation; but, I am sorry to inform you, my warriors, who returned four days since, could not deliver my letter, owing to the disturbance among the villanous Muskhogees. My captains, whom 1 can depend upon, inform me that part of sixteen towns have rebelled, and killed eight of the chiefs who were friendly to the United States. They also inform me that the Big Warrior and Captain Isaacs are secreted together, and protected by a few friends.

"Colonel Hawkins and Alexander Curnels have left the nation at the request of the Big Warrior, to solicit the assistance of the white people to quell those who have rebelled.

"They are making every arrangement to attack the frontier of Tombigby. They have also received letters from Canada, demanding of the English store in Pensacola arms and ammunition, to obtain which, my captains inform me, the party, with their pack-horses, must be in Pensacola about this time.

"I am sorry, also, that thirty of the Yannubbe town warriors have joined Talabola, whom the Muskhogees have made a chief, and are certainly on the Black Warrior at present, holding their dances, and making preparations to attack the frontiers.

"In two days I shall call the warriors belonging to my district, and make them acquainted, and obtain their opinions respecting the business.

"I assure you and the rest of my white brethren that you have my friendship; and should there be any depredations committed against the white people within my district, I certainly shall seek satisfaction. Yours, &c,
"(Signed) MUSHULATUBBE, his + mark.

"I do certify the within and above statement to be agreeably to the report made by the Indians now from the Creek nation.

"P.S. — The statement of the Indians is, that two thousand of them are in arms in the United States. JOHN PITCHLYNN"

Note from page 399: 470. The MS. papers of General Claiborne furnish incontestable evidence of these facts in great abundance.

Note from page 400: 471. The following is a copy of the opinion of Judge Toulmin, which fully illustrates the condition of affairs on the Mobile and Tombigby frontier at this time, viz.:

"Fort Stoddart, 31st July, 1813.

"DEAR SIR, —
"You have done me the honor to request my opinion relative to the hostile dispositions of the Creek Indians. My own apprehensions on this subject have grown out of transient circumstances as they have occurred, but are not founded on what would be deemed legal evidence.

"I may safely say that I am sufficiently satisfied; but as I would not express opinions which may influence, on so important an occasion, the conduct of others, without bringing into view the grounds and reasons of those opinions, I will endeavor to trace back the impressions which have been made upon my own mind, and will lay before you the result.

"1. I think it is about two months since Colonel Hawkins informed me that he anticipated a civil war among the Creeks, which was notoriously originating, in a great degree, in the vigorous measures taken by the heads of the nation to punish those of their tribe who had made war on the people of the United States.

"Where the cause of the white people was the primary source of domestic disturbances in the nation, it was reasonable to suppose that the interests and safety of white people would be materially involved in the progress and issue of those disturbances. Colonel Hawkins, accordingly, soon after sent his family from the nation, and has since removed himself.

"2. A few weeks after this, General Wilkinson was about to pass through the nation, but found the prospect of disturbances so alarming that he halted for a guard.

"As soon as he had an opportunity, he made himself acquainted with the spirit prevailing in the Indian nation, and, satisfied that hostilities were intended, he sent an express back to me, with a letter on the subject, a copy, or the substance of which, I immediately did myself the honor to transmit to you, to General Flournoy, to Governor Holmes, and to Colonel Bowyer. This letter evinced his conviction that we were on the eve of an Indian war, and that immediate measures of defense ought to be adopted.

"3. Mr. Samuel Manac, a half-breed, well known to all persons conversant with the Creek nation, whose veracity I never heard impeached, and who has certainly as much at stake as any man in the country, assured me that he had had a conversation with High Head, one of the chiefs, who has lately been at Pensacola (and who was then on his way), in which High Head acknowledged to him that their object was to make war on the American people; that they had no animosity against the half-breeds, but wished to have them as partners in the general scheme; and that as to going to war with their own people, they had no idea of the kind, but merely wished to put about eight chiefs out of the way, who had signalized themselves by their anxiety to preserve peace with the whites.

"4. The letter from the Choctâ chief Mushulatubbe to Mr. George Gaines fully corresponds with the account given by Mr. Manac. He had sent messengers into the Creek nation, who had clearly ascertained their hostile dispositions toward the people of the United States, and had seen them dancing the war-dance — a national ceremony preparatory to warlike operations. No suggestion existed that their hostilities were intended against any other Indians. They avowed that they were to be against us; and some few restless, misguided Choctâs had unhappily imbibed the spirit of the Muskhogees.

"5. It is a fact, concerning which, I believe, there is no doubt, that some of the Creeks have participated in the northern warfare from the time of its commencement. They have committed murders on our peaceable citizens in their passage to and from the north. Some of them, and particularly the Little Warrior, have been put to death since their return. Their friends, their confederates, and their relatives survive. These are the men who have organized the present confederacy, and overthrown the legitimate government of the Creek nation.

"They are well known to the British, and have been patronized by them. The Little Warrior was furnished with a letter from a British general to the Governor of Pensacola, containing, as they say, a requisition for arms and ammunition, and, as he says, merely an introduction and recommendation of them to his notice. On the strength of this, however, they applied for ammunition, and have obtained it. While in Pensacola, they avowed their intention of making war on the American people. They danced the war-dance: they told the governor that nineteen towns had joined them, and that in those towns there were 4800 men.

"6. A party of the Indians going to Pensacola attacked the post-rider and robbed him of his mail; they shot at him and killed his horse; they carried the mail to Pensacola, and said that they had killed the post-rider; they refused to give it up when the governor informed them that he would send it to Mobile.

"7. There is a general impression that hostilities are meditated against the United States.

"No one travels through the Creek nation. All intercourse between this country and Georgia has ceased. The carrying of the mail is completely suspended.

"8. The general commotion through the Creek nation is a matter of notoriety. Their plantations are in a great degree neglected and uncultivated, and the houses of all who resided near the road are abandoned. This state of things seems a prelude to war.

"I believe that all the circumstances which I have stated can be established on oath; and, under this belief, I submit it to you, sir, whether I am not warranted in the opinion that war exists between a part of the Creek nation and the people of the United States.

"I have the honor to be, dear sir, very respectfully, your most obedient and most humble servant,
(Copy.) "HARRY TOULMIN."

Note from page 404: 472. MS. Claiborne Papers.

Note from page 404: 473. Eaton's Life of Jackson, p. 30.

Note from page 406: 474. See Martin's Louisiana, vol. ii., p. 316. Compare, also, Breckenridge's History on the Late War, p. 181, 182.

Note from page 406: 475. Manuscript papers of General Claiborne. The official list of killed in the tragedy of Fort Mims was, of volunteers, as follows:

1. Of Captain Middleton's company. — Captain H. Middleton; Ensign Swan; Sergeant Edward Steers; Corporal Levi Holliday; musician, Zechariah Shaw; privates, H. Wade, Peter Tierney, William Hamilton.
2. Captain Painbaeuf's company. — Ensign Y. R. M'Donald; sergeants, John Lowe and Charles Lee; and six privates.
3. Captain Engil's company. — Five men.
4. Captain Jack's company. — Captain William Jack; Sergeant James H. Gowan; and twelve privates.
Besides militia and citizens who had taken refuge in the stockade.

Note from page 407: 476. This letter, dated August 30th, in the handwriting of Major Beasly, is among the papers of General Claiborne.

Note from page 408: 477. MS. Claiborne papers.

The following account of the principal hostilities in Washington District, after the massacre at Fort Mims, will give the reader some general idea of the state of the settlements:

On the 1st of September, two families, consisting of twelve persons, women and children, were killed near Sinkfields, in the Fork. On the next day, Sinkfields Fort was furiously assailed by a party of sixty or seventy Indians, by whom the attack was continued two hours, until they had lost ten or eleven of their number, killed by the fire from the fort, when they retired, carrying with them seven dragoon horses, which were tied outside. In the fort one man and one woman were killed, and one boy was wounded.

September 3d. After the Indians disappeared, the inmates of the fort abandoned it, and fled to Fort Madison, a place of greater safety. Other temporary stockades in the Forks were likewise abandoned by their occupants, who fled to Fort Madison. This fort, on the 6th of September, contained more than one thousand souls crowded together, including Colonel Carson's command of two hundred and twenty men.

September 6th. Two men were wounded by lurking Indians near Fort Madison; and on the 7th, Colonel Carson writes that sixty or seventy Indians were lurking in that neighborhood, doing considerable mischief, and probably waiting for re-enforcements preparatory to an attack.

At the same time, the town and Fort of St. Stephen was in continual apprehension of an attack. Lieutenant-colonel Joseph Skinner was endeavoring to organize a volunteer company to accompany General Claiborne into the Creek nation.

On the 9th of September, Colonel James Powell, of the eighth regiment of Mississippi militia, writes that he is "forted at a place commonly known as Gullet's Bluffs, on the east side of Tombigby. This stockade, called Fort Hawn, contains three hundred and ninety-one souls, including sixty men capable of bearing arms, all of whom will be sacrificed to Indian vengeance unless timely aid is afforded."

On the 11th, the people in their crowded forts were very sickly, but were fearful to leave their coverts and go down to Dauphin Island for health and safety.

Colonel Bowyer, from Mobile Point, regrets the state into which our stars have thrown us, preventing offensive movements, because "our force is insufficient," and "our powers do not permit us to take offensive measures." He "fears Governor Holmes will not be here in time to enable us to save any posts in this territory."

Note from page 410: 478. About this time the following letter from Lieutenant-colonel Bowyer, commanding at Mobile Point, was received by General Claiborne, viz.:

"Mobile Point, September 14th, 1813.

"SIR, — I have information from a source in which I place every confidence, that a British armed schooner from the Bahamas arrived at Pensacola on the 10th instant with a large supply of arms, ammunition, clothing, and blankets for the Creek Indians; also, that the old Seminole chief Perriman, and his son William, the latter lately appointed a brigadier-general in the British service, are at Pensacola. They drove into that place two hundred head of fine cattle, and sacrificed them at the heretofore unknown price of from one to eight dollars per head; fifty cows and calves sold for fifty dollars, so anxious were they to get supplies to join the hostile Indians. I am well acquainted with those chiefs, and know they have great influence with their people. It appears the arms, &c. were forwarded in consequence of an address sent to the Governor of Jamaica some time since by the Creek Indians. The schooner is the property of a well-known freebooter (a Captain Johnston, of the Bahamas), who has made his fortune by preying on the commerce of France, Spain, and the United States; I recollect his breaking out of the prison in New Orleans in the year 1809.

"I hope the arrival of these supplies will give you a short respite, and enable you to prepare for any force the whole confederation can possibly bring against your posts. I am, sir, respectfully, your obedient servant,
JOHN BOWYER,
"Lieutenant-colonel commanding."
"Brigadier-general Claiborne."

Note from page 411: 479. The Spaniards continued their seductive efforts with the Indians up to this time, as may be seen by the following copy of a letter from the Governor of Pensacola to the hostile Creeks, with whom he was in regular correspondence, viz.:

"Pensacola, September 29th, 1813.
"GENTLEMEN, — I received the letter which you wrote me in the month of August; by which, and with great satisfaction, I was informed of the advantage which your brave warriors obtained over your enemies. I represented, as I promised you, to the Captain-general of Havana, the request which, the last time I took you by the hand, you made of me for arms and munitions; but until now I can not yet have an answer; but I am in hopes that he will send me the effects which I requested, and, as soon as I receive them, I shall inform you.

"I am very thankful for your generous offers to procure me the provisions and warriors necessary, in order to retake the post of Mobile; and you ask me, at the same time, if we have given up the post of Mobile to the Americans? To which I answer, that, for the present, I can not profit by your generous offer, not being at war with the Americans, who did not take Mobile by force, since they purchased it from the miserable officer, destitute of honor, who commanded there, and delivered it without authority, by which means the sale and delivery of the place is totally null and void.* I hope that the Americans will return it again to us, because no one can dispose of a thing that is not his own property; in consequence of which, the Spaniards have not lost their right to it. I hope you will not put in execution the project of which you spoke to me, that of burning the town, since those houses and properties do not belong to Americans, but to true Spaniards.

"To the bearers of your letters I have ordered some small presents to be given, and I remain forever your good father and friend,
(Signed)
"MAXEO GONZALES MANXIQUE."

"We certify that the foregoing is a true copy from the original, transmitted to the war office by Brigadier-general Claiborne.

"BENJAMIN S. SMOOT,
"JOHN T. WIRT," Captain
"Assistant Deputy Quartermaster-generals.
"St. Stephen's, 9th January, 1814."

This letter was found in the house of Weatherford, after the capture of Eccanachaca, December 23d, 1813.

* See book i., chap. v., year 1813.

Note from page 413: 480. The immediate command of General Claiborne consisted, besides the third regiment of regular troops under Colonel Russell, who was to follow, of Colonel Carson's regiment of three hundred and seventy-five volunteers, eighty militiamen, the Mississippi dragoons under Major Hinds, and a large body of Choctâ warrriors under Pushmataha and Mushulatubbe.

Note from page 415: 481. See Waldo's Life of Jackson, p. 88-90. Drake's Book of the Indians, b. iv. p. 45 Also, Martin's Louisiana, vol. ii., p. 319-322.

Note from page 416: 482. Kendall's Life of Jackson, p. 185-188.

Note from page 417: 483. Eaton, p. 50. See, also, Martin's Louisiana, vol. ii., p. 317; and Kendall's Life of Jackson, p. 198, 199.

Note from page 418: 484. Eaton, p. 56. Also, Kendall's Life of Jackson, p. 203-205.

Note from page 418: 485. Waldo's Life of Jackson, p. 82, 83. Eaton, p. 57, 58. Kendall, p. 205.

Note from page 419: 486. Waldo's Life of Jackson, p. 105, 106. Also, Kendall's Life. Eaton, p. 125.

Note from page 420: 487. Eaton's. Life of Jackson, p. 126-129. Also, Kendall's Life of Jackson, p. 253, 254

Note from page 421: 488. After the army retired, as was subsequently ascertained, the savages, in their fury, dug up the slain who had been buried on the fields of Emuckfaw and Enotochopco, for the purpose of obtaining their scalps, and exhibiting their ferocity in mutilating the lifeless bodies of their enemies. Hence General Jackson, after the battle of Tohopeka, took the precaution of having his dead sunk in the river, to secure their remains from the indignity of savage ferocity. — See Kendall's Life of Jackson, p. 282.

Note from page 421: 489. See Waldo's Life of Jackson, p. 110-115. Eaton, p. 137.

Note from page 421: 490. See Waldo's Life of Jackson, p. 124. Eaton, p. 147. Kendall, p. 267. The first re-enforcement consisted of two thousand men from East Tennessee, commanded by General George Doherty, who arrived about the 3d of February. Soon afterward, Brigadier-general Thomas Johnston, with seventeen hundred men, arrived from West Tennessee. A part of General Coffee's volunteer cavalry again entered the field, organized into a regiment under Colonel Henry Dyer. Another mounted regiment from East Tennessee, under Colonel John Brown, also arrived.

Note from page 423: 491. General Jackson's official Report, Waldo's Life of Jackson, p. 125. Eaton, p. 150, 151, and 154.

Note from page 423: 492. General Jackson's official Report, p. 126, 127.

Note from page 423: 493. General Jackson's official Report, p. 127. Also, Martin's Louisiana, p. 318, 319

Note from page 423: 494. Claiborne's Notes on the War in the South, p. 41.

Note from page 424: 495. Waldo's Life of Jackson, p. 130-134. Eaton, p. 150-152.

Note from page 428: 496. Martin's Louisiana, vol. ii., p. 320-322. Drake, book iv., p. 44.

Note from page 428: 497. Martin's Louisiana, vol. ii., p. 322, 323.

Note from page 429: 498. In this bombastic document, which was filled with ridiculous promises, he announced, in the name of the King of Great Britain, to the native Louisianians, that on them was made the first call to aid in liberating their native soil from a weak and faithless government. The same call was made equally to Spaniards, Frenchmen, Italians, and Englishmen in Louisiana, whether sojourners or residents. He announced that he had brought a fine train of artillery, and every thing requisite for heading a large organized body of Indians commanded by British officers, and that he was supported by a numerous British and Spanish fleet. His object, he asserted, was to put an end to the usurpations of the United States, and restore the country to its lawful owners.

He reminded the people of the good faith and disinterestedness of Britains in Europe, which was an ample warrant for confidence in America. He would guarantee to them the free enjoyment of their property, their laws, their religion, the peace and tranquility of the country, free from taxes imposed to support an unnatural war. The Indians, he said, had pledged themselves in the most solemn manner to injure none but the enemies of their Spanish and British fathers. The flag of Spain, France, or England upon any house would be a sure protection to the inmates.

Above all, he had the assurance to address himself to the Kentuckians. He said they had too long borne with grievous impositions from the general government, and the whole brunt of the war had been thrown upon them. He informed them they might observe the strictest neutrality, or they might now revenge their wrongs under the standard of their forefathers; the free navigation of the Mississippi would be granted to them, and they might open a lucrative trade with his majesty's forces in the supply of provisions.

He reminded them of the atrocious conduct of the United States in declaring war against Great Britain at the time when she was spending all her energies, her blood, and her treasure in defense of liberty in Europe, which, by her arms, had at length been disenthralled in the restoration of the Bourbons, and the banishment of Napoleon to Elba.

All his promises were guarantied upon the "sound honor of a British officer!"

Note from page 429: 499. Williams's Florida, p. 200.

Note from page 430: 500. See Baton's Life of Jackson, p. 214, 215.

Note from page 430: 501. Martin's Louisiana, vol. ii., p. 330. Also, Eaton's Life of Jackson, p. 214-217.

Note from page 431: 502. Martin's Louisiana, vol. ii., p. 331.

Note from page 431: 503. See chap. xv. of this book.

Note from page 433: 504. Washington (Miss.) Republican, Dec. 13, 1815.

Note from page 433: 505. Idem, July 5.

Note from page 433: 506. Idem, June 14.

Note from page 434: 507. Washington Republican, November 6th, 1815.

Note from page 434: 508. Idem, November 11th.

Note from page 434: 509. Idem, January 17th, 1816, and sequent.

Note from page 436: 510. Washington Republican, December 6th, 1815.

Note from page 437: 511. See Land Laws of United States, compilation of 1827, p. 705. Also, Land Laws, vol. vi., p. 176.

Note from page 437: 512. The members of the convention which formed the first Constitution of the State of Mississippi were as follows:

David Holmes, president, and delegate from Adams county.

Adams county: Josiah Simpson, James C. Wilkins, John Taylor, Christopher Rankin, Edward Turner, Joseph Sessions. John Steele. — Jefferson county: Cowles Mead, Hezekiah J. Balch, Joseph E. Davis, George W. King. — Marion county: John Ford. Dougal M'Laughlin. — Hancock county: Noel Jourdan, Amos Burnett. — Wayne county: James Patton, Clinch Gray. — Green county: Laughlin M'Kay, John M'Rea. — Jackson county: John M'Leod, Thomas Bilbo. — Lawrence county: Harmon Runnels. — Claiborne county: Walter Leake, Thomas Barnes, Daniel Burnett, Joshua G. Clark. — Warren county: Henry D. Downs, Andrew Glass. — Franklin county: James Knox. — Wilkinson county: George Poindexter, Daniel Williams, Abram M. Scott, John Joor, Gerard C. Brandon, Joseph Johnson. — Amité county: Henry Hanna, Thomas Batchelor, John Burton, Thomas Torrence, Angus Wilkinson, William Lattimore. — Pike county: David Dickson, William J. Minton, James Y. M'Nabb. Louis Winston, secretary.

Note from page 438: 513. The first session of the General Assembly organized with Thomas Barnes speaker of the House of Representatives; D. Stewart, lieutenant-governor, and president of the Senate; David Holmes, governor.

Note from page 438: 514. See Acts of "First Session of First General Assembly," 1817, 1818.

Note from page 438: 515. Darby's Gazetteer, article "Mississippi."

Note from page 439: 516. Acts of 1821, p. 113, 114.

Note from page 440: 517. "Acts of the General Assembly" of winter session, 1820, p. 137.

Note from page 440: 518. General Jackson died at the Hermitage, on the Cumberland River, in Tennessee, on the 8th of June, 1845, mourned by the whole nation, and honored by the civilized world. The following general order contains the national notice of his death:

Note from page 441: 519. Acts of Mississippi in 1821, p. 35, 36.

Note from page 443: 520. It may be well here to enumerate the principal treaties of the Federal government with the native tribes of the original Mississippi Territory for the relinquishment and sale of lands previous to the "Treaty of Dancing Rabbit" and that of Pontotoc, which finally extinguished the last remains of Indian title within the State of Mississippi:

1. The Treaty of Fort Adams, concluded December 17th, 1801. — By this treaty the Choctâs relinquished the southern portion of the present State of Mississippi, near the West Florida line, between the Pearl and Chickasâhay Rivers, comprising 2,245,720 acres.

2. The Treaty of Chickasâ Bluffs, concluded October 24th, 1801. — By this treaty the Chickasâs ceded to the United States the right of way for a public road through their country, formerly known as the "Nashville Trace," leading from Nashville to the Natchez settlements.

3. Treaty of Fort Confederation, concluded October 17th, 1802. — By this treaty the Choctâs ceded to the United States the lands east of the Chickasâhay River, extending to the Tombigby, near the Florida line.

4. Treaty of Chickasâ Country, concluded July 23d, 1805. — By this treaty the Chickasâs ceded to the United States 345,600 acres in the eastern portion of their country, north of the Tennessee River, and comprising the original "county of Madison," in the great bend of the Tennessee River.

5. Treaty of Mount Dexter, concluded November l6th, 1805. — By this treaty the Choctâs ceded to the United States large bodies of land in the southern portion of the territory between the Amité and Tombigby Rivers, comprising 5,987,000 acres. This treaty ratifies and confirms preceding treaties.

6. Treaty of City of Washington, concluded January 7th, 1806. — By this treaty the Cherokees ceded to the United States 1,209,000 acres, chiefly in Tennessee and upon the Holston River, and partly in the Mississippi Territory, comprising a portion of Madison county.

7. Treaty of Fort Jackson, concluded August 9th, 1814. — By this treaty the Creek nation, humbled and subdued, are compelled to cede to the United States 14,692,000 acres in the eastern half of the Mississippi Territory, west of the Tallapoosa River, and 7,500,000 acres in Georgia.

8. Treaty of Chickasâ Council-house, concluded September 20th, 1816. — By this treaty the Chickasâ nation ceded to the United States 408,000 acres on their eastern, or Creek frontier, lying upon the eastern tributaries of the Upper Tombigby, embracing the country originally comprised in the large "county of Monroe." The Creek claim to the same lands had been relinquished by the treaty of Fort Jackson.

9. Treaty of Turkey Town, concluded October 4th, 1816. — By this treaty the Cherokees ceded to the United States 1,395,200 acres of land in the eastern half of Tennessee, including the head waters of Elk River, and as far south as the Great Bend of Tennessee River, above the Muscle Shoals, east of Madison county.

10. Treaty of Chocta Trading-house, concluded October 24th, 1816. — By this treaty the Choctâs ratify and confirm the treaties previously entered into before the Creek war.

11. Treaty of Doak's Stand, concluded October 20th, 1820. — By this treaty the Choctâs ceded to the United States an extensive scope of country lying north of the Mount Dexter treaty line, and bounded on the north by a line drawn northwestwardly from the Ocktibbeha Creek to the Mississippi River, one mile below the mouth of the Arkansas River. This cession, for many years, was called the "New Purchase," and comprised 5,447,267 acres. — See Land Laws of the United States, compilation of 1827.

Note from page 445: 521. Governors of the Mississippi Territory.

1. Winthrop Sargent, from 1798 to 1802.
2. William C. C. Claiborne, from 1802 to 1804.
3. Robert Williams, from 1805 to 1809.
4. David Holmes, from 1809 to 1817.

Governors of the State of Mississippi.

1. David Holmes, from 1817 to 1820, one term.
2. George Poindexter, from 1820 to 1822, one term.
3. Walter Leake, from 1822 to 1826, one term.
4. David Holmes, from 1826 to 1828, one term.
5. Girard C. Brandon, from 1828 to 1832, two terms.
6. Abram M. Scott, from 1832 to 1834, one term.
7. Hiram G. Runnels, from 1834 to 1836, one term.
8. Charles Lynch, from 1836 to 1838, one term.
9. A. G. M'Nutt, from 1838 to 1842, two terms.
10 Tiglman M. Tucker, from1842 to 1844, one term.
11. Albert G. Brown, from 1844 to 1846, one term.

Note from page 445: 522. See Report of Commissioners of Indian Affairs, Globe appendix. Documents accompanying President's Message, November, 1845, No. 3, p. 40, 41.

Note from page 446: 523. Law of the United States, edition of 1827, p. 74, 712

Note from page 447: 524. Laws of the United States, edition of 1827, p. 744-746.

Note from page 447: 525. The Governor of the Alabama Territory was William W. Bibb, from 1817 to 1819.

Governors of the State of Alabama.

1. William W. Bibb, from 1819 to December, 1821.
2. Israel Pickens, from 1881 to1825.
3. John Murphy, from 1825 to 1829.
4. Gabriel Moore, from 1829 to 1831.
5. John Gayle, from 1831 to 1835.
6. Clement C. Clay, from 1835 to 1839.
7. Arthur P. Bagby, from 1839 to 1841.
8. Benj. Fitzpatrick, from 1841 to 1845.
9. Joshua L. Martin, from 1845 to 1847.

Note from page 449: 526. See vol. i., book iv., chap, v., of this work.

Note from page 449: 527. Natchez Herald and Mississippi Gazette, May 10, 1804.

Note from page 452: 528. Martin's Louisiana, vol. ii., p. 252-260.

Note from page 453: 529. Martin's Louisiana, vol. ii., p. 247.

Note from page 454: 530. Stoddart's Louisiana, p. 135.

Note from page 454: 531. See this subject more fully noted in chapter xiii. of this book, viz.: "Mississippi Territory," year 1805.

Note from page 455: 532. American State Papers, vol. v., p. 97, Boston edition.

Note from page 456: 533. American State Papers, vol. v., p. 102, Boston edition. Also, Mississippi Herald and Natchez Gazette, November, 1806.

Note from page 457: 534. American State Papers, vol. v., p. 94, 95, Boston edition

Note from page 460: 535. Martin's Louisiana, vol. ii., p. 263.

Note from page 460: 535. The Arroyo Hondo was a deep ravine seven miles west of Natchitoches, and about an equal distance from the town of Adaë's. The town of Natchitoches had been first occupied as a trading-post by St. Denys in 1712, and in 1717 it was made a military post. To occupy the country also, the Spaniards, in May following, established the settlement and "Mission of San Miguel de los Adaës," under the protection of a military force. During the contentions of the French and Spanish commandants in this quarter, a mutual agreement established the Arroyo Hondo as a conventional boundary, which was observed until 1762, when the whole of Louisiana west of the Mississippi was ceded to Spain. From that time until the transfer of Louisiana to the United States in 1803, no adverse claim was agitated relative to the western boundary of Louisiana. This transfer revived the controversy as to the real boundaries of Louisiana on the west.

Note from page 461: 537. Martin's Louisiana, vol. ii., p. 262, 263.

Note from page 461: 538. See Mississippi Messenger at Natchez, September 6th, 1806.

Note from page 462: 539. Martin's Louisiana, vol. ii., p. 266.

Note from page 463: 540 See Martin's Louisiana, vol. ii., 272.

Note from page 463: 541. The substance of this suspicion, which is certainly not without some foundation, is contained in the following "extract of a letter from New Orleans, dated April 23d, 1807," first published in the New York Spectator of June 10th, and copied in the Mississippi Messenger of August 11th, 1807. The author of this work has conversed with some of the survivors of Captain Farrar's troop on the Sabine, and they corroborate the statement contained in the extract, viz.:

"The intendant said that General Wilkinson first communicated intelligence of the general nature of this plot to Governor Cordero upon the Sabine, and proposed to him, that if he would withdraw his forces from that river, and prevail upon the vice-king to furnish him (General Wilkinson) with $300,000, he would undertake to frustrate the designs of the conspirators, and save the provinces of his Catholic majesty from invasion, employing for that purpose the forces and other resources, naval and military, of the United States. Governor Cordero, knowing Wilkinson to have been for a long time in the interests of his king, lent a favorable ear to his propositions. He immediately consented that both armies should retire from the banks of the Sabine; the Spanish force for the purpose of re-enforcing their posts on the frontiers of New Mexico, and the American troops to defend the passes of the Mississippi. He also dispatched couriers to the vice-king in Mexico, and furnished Wilkinson forthwith with $120,000, which were sent from St. Antoine upon mules. The intendant further informed this gentleman that, before the arrival of Cordero's dispatches, the vice-king was by no means inclined to place full confidence in Wilkinson, and refused to transmit $180,000, the balance of the sum which Cordero had undertaken to promise him. Soon after this refusal, the intendant said that Wilkinson had dispatched a confidential aid-de-camp, Major Burling, to Mexico with further proofs of the conspiracy, and with further disclosures relating to the part taken in it by the inhabitants of the Spanish provinces, and with a request for the immediate payment of the $180,000 to General Wilkinson. The vice-king refused to receive the information from Burling, and referred him for the payment of the money to the intendant at La Vera Cruz, for which place he immediately ordered him to depart. Upon his arrival here, the intendant refused to furnish him with any thing but a guard, and ordered him to take his passage immediately to New Orleans.

"When the gentleman to whom this was spoken returned to this place, about a fortnight or three weeks ago, he mentioned the circumstances and the substance of this conversation to some of his friends, who immediately gave it circulation. It at last reached the ears of Wilkinson, and, after some hesitation, he was compelled to take notice of it. He sent an officer to the gentleman, with three written interrogatories, to which he requested an answer in writing. 1st. He demanded whether he had authorized the report of such conversation with the intendant at La Vera Cruz. 2d. Whether such conversation actually took place of the nature and name reported; and, 3d. Whether he believed the relation of the intendant to be true. To each of which this gentleman answered by a laconic Yes! and he has since heard nothing further from the general. From the weight of this gentleman's name and character, as well as from a thousand other corroborating circumstances, his report is almost universally accredited."

Note from page 465: 542. See Mississippi Messenger, November 11th, 1806.

Note from page 465: 543. Martin's Louisiana, vol. ii., p. 272-275.

Note from page 466: 544. Martin's Louisiana, vol. ii., p. 277.

Note from page 467: 545. Louisiana Gazette, December 12th, 1806.

Note from page 468: 546. Jefferson's Message, December 16th, 1806.

Note from page 469: 547. The following is the proclamation of Governor Claiborne:

Note from page 470: 548. New Orleans Gazette, December 18th, 1806.

Note from page 471: 549. Mississippi Messenger, January 13th, 1807.

Note from page 471: 550. See Mississippi Herald and Natchez Gazette of January 27th, of April 15th, 22d, and 29th, and of May 6th, 1807.

Note from page 472: 551. The following affidavit of Dr. John F. Carmichael, formerly surgeon in General Wilkinson's army, and the statement of Dr. Claiborne, comprise the principal testimony obtained against General Adair, viz.:

"County of Orleans, ss.
"Personally appeared before me, the subscriber, one of the justices of the peace in and for the said county, Doctor John F. Carmichael, who on his solemn oath declares that, on the evening of the 11th of January instant, Mr. Kalston and Mr. Floyd, the son of Captain Floyd, of Louisville, Kentucky, called at the house of this deponent, spent the evening and breakfasted with him the next day; that the conversation during the evening and morning generally related to the various opinions in circulation respecting Colonel Burr, and the situation of this country; that after breakfast Mr. Ralston opened his business with this deponent, stating that he had descended the Mississippi as far as New Madrid in company with Colonel Burr, where he left him; that General Adair had gone to New Orleans by a circuitous route, and that his intention was to communicate with General Wilkinson, and to return so as to meet them at my house about that time, if possible; that it was an object with them to obtain the exact situation of the fort at Baton Rouge, the state of the works, the number of men, its weak situation; and that Fort Adams was of some consequence; what United States troops were there, and who commanded them; where the gun-boats were, and who individually commanded them; who was the commanding officer of marines, &c. All these questions were answered by this deponent as far as he had been acquainted with them. The said Ralston and Floyd proposed to this deponent to visit Baton Rouge to ascertain the exact situation of that fort, but declined when the orders of Colonel Grandpre were stated, and the difficulty attending such an enterprise. Mr. Ralston informed me that Colonel Burr was to be, on the 12th day of January instant, at Bayou Pierre, where he was to wait for his re-enforcement and to receive his information from his agents, who were circulated through the country in that time; that the first object of Colonel Burr was to take Baton Rouge, where he was to raise his standard, and to make his communication to the government of the United States, and where he was to be joined by a number of men already engaged, to the number of ten thousand men, if necessary; that the number at present with Colonel Burr did not exceed one hundred and fifty, but Colonel Burr's arrangements were so made that the men already engaged in Kentucky and Tennessee should join without show, so that no possible alarm or suspicion on the part of the general government might take place before he had left the government and taken possession of Baton Rouge. Mr. Ralston further stated to this deponent that it was not the intention of Colonel Burr to promote and make a separation of the Union, but to act against the Spanish government; and stated the intended expedition against Mexico. When this deponent mentioned the name of Captain Shaw.

Mr. Ralston observed that, if he was one of the Mediterranean officers, he was friendly to their measures; and it was well understood that a large proportion of the officers of the army and Mediterranean officers were already engaged in their interests. Mr. Ralston expressed great surprise at the conduct of General Wilkinson in arresting certain characters, Swartwout, Ogden, Bollman, and Alexander, and repeatedly asked this deponent what he thought of the conduct of General Wilkinson, and whether he believed he had deserted the interests of the party, or was it only to cover his greater objects. This deponent further declares that Mr. Ralston and Mr. Floyd visited the fortifications of Fort Adams on the evening of the 12th of January instant, between sunset and dark, and walked round the said fort.

(Signed) . "JOHN F. CARMICHAEL
"Sworn and subscribed before me on this 18th day of January, 1807.
(Signed) "B. CENAS, Justice of Peace."

The statement of Dr. Claiborne is as follows:

"General James Wilkinson,
"SIR, — In compliance to your request of yesterday, relative to the period of General John Adair's arrival and departure from the city of Nashville, Tennessee, and the conversation that passed between us while there, I hasten to make the following statement, which I believe to be a correct one: General John Adair and Colonel Burr arrived at Nashville about the middle of December last from Kentucky; I know not whether they came together. They lodged at the same house, and occupied, I understood, one room. They left Nashville within a few days of each other, General Adair by land and Colonel Burr by water. From a previous conversation with Adair, an impression was made on my mind that he had either returned to Kentucky, or had gone to visit the tract of country lately ceded to the United States by the Chickasâ Indians, on the waters of Duck River, having expressed a determination of making a purchase in that quarter, if the land answered the description.

"He mentioned his intention of visiting New Orleans in the course of three weeks from the time of his arrival at Nashville, and that he would be happy if I could be ready to accompany him. I heard no more of the general for a week, when I was informed by a gentleman from Natchez that he met him and his servant in the Chickasâ nation, traveling with great rapidity in a direction to the Mississippi Territory. His business in this quarter I know not. I believe the above to be all that passed between us.

"I have the honor to be, respectfully, your obedient servant,

"THOMAS A. CLAIBORNE."

Note from page 475: 552. See Mississippi Herald and Natchez Gazette, April 1st and 15th, 1807.

Note from page 476: 553. The grand jury was constituted of Evan Jones, foreman, George Pollock, William Davis, William Nott, John Poultney, William Kenner, J. M'Neal, S. B. Davis, Waters Clark, F. Armaud, Edmond Foriestall, William Munford, D. Urquhart, P. F. Dubourg, N. Girod, J. Touro, and F. Duplessis. — See Mississippi Herald, Natchez, February 4th, 1807.

Note from page 476: 554. The following is an extract from the opinion delivered by Judge Fitzhugh, on the commitment of Messrs. Bollman and Swartwout, on a charge of treason, copied in the Mississippi Messenger, March 21st, 1807, and in the papers generally, viz.:

"These inquiries obviously occur: 1st. Is there probable cause to believe that any treason has been committed against the United States, and this supported by oath, &c.? 2d. Are the prisoners implicated in the treason? and, 3d. How, whether as principals, or only guilty of misprision of treason?

"That there is probable cause to believe that treason has been committed by Colonel Burr, the public rumor and universal alarm which seem to have convulsed our country from the extremity to the center; the president's communication to Congress and to the court, afford at least grounds of suspicion, and this is supported by the positive oaths of General Eaton, General Wilkinson, Mr. Donaldson, Mr. Mead, and Mr. Wilson, all going to show the origin, existence, and progress of Burr's treasonable projects and acts. But here the counsel for the prisoners have insisted that none of this mass of evidence criminates Burr, and have contended that the president's communications are inadmissible. It is not generally by detached parts of evidence, but by a well-connected chain of circumstances that we arrive at proof; nor can a crime be made out by the proof of any solitary fact. In a charge of murder it would not be sufficient to show that a blow was given from which death ensued; but it is necessary to prove and disclose a particular state of mind. There must be deliberate resentment, or ill will; there must be malice prepense. So in treason (the case now under consideration), no degree of violence, however atrocious, no enlisting or marching men; no injury, if limited in its object to personal rivalship, or even extensive enough in point of locality to contemplate and threaten the opposition and destruction of the laws, or government of any one of the United States, will amount to treason against the United States. It is the intention alone which fixes the grade of the offense. This intention is only to be collected from circumstances; and though the communications of the president do not of themselves furnish full evidence of Burr's treason against the United States, yet they must be considered entitled to some weight in leading to the conclusion that there is probable cause; but when, in addition to this, it is considered that the most solemn obligation is imposed by the Constitution on the president to make communications of this nature to Congress, and that he has also, in further discharge of his constitutional duties, ordered out the militia, which on ordinary and trivial occasions he is not justifiable in doing, a person must be strangely incredulous who will not admit that there is probable cause of suspicion that a dangerous insurrection or treason exists in our country. A report thus sanctioned by duty and oath, if made to this court by one of its officers, would be respected, and why shall not a communication from the first executive officer of the Union be credited, when he announces to the nation information in the line of his duties? But this general ground of alarm is rendered more specific by the affidavits which have been exhibited to us. If the persons who have been sworn on this occasion are to be believed (and no one has yet questioned their credibility), they prove a scheme laid by Burr to usurp the government of the United States, to sever the Western States from the Union, to establish an empire west of the Alleghany Mountains, of which he, Burr, was to be the sovereign, and New Orleans the emporium, and to invade and revolutionize Mexico. That in prosecution of those projects he wrote a letter to General Wilkinson, the commander-in-chief of the American army, with the avowed object and design of alienating him from his duty, and inviting him to embark in the undertaking, and holding out to him the most flattering and sanguine assurances and prospects of success. Horrid as this attempt was, yet if the information had reached no further, I should have no hesitation in saying that it would have been nothing more than a conspiracy to commit treason, or some other offense. But when Burr assures Wilkinson that he had obtained funds, and actually commenced the enterprise; that detachments from various points and under different pretenses would rendezvous on the Ohio the 1st of November; that his plan was to move down rapidly from the Falls the 15th of November, with first 500 or 1000 men in light boats now constructing for that purpose: when, in addition to this, Wilson and Mead swear that when they left New Orleans, the one the 15th, the other the 19th of December, the strongest apprehension and belief universally prevailed among the inhabitants that Burr and his confederates had prepared an armed force, and were marching to attack and plunder the city; and that they knew that Wilkinson was decidedly of opinion, from the most satisfactory information, that Burr was advancing, and under that belief he was putting the place in a posture of defense: when this coincidence of circumstances and this strength of testimony appear, there can be little doubt of the existence and the extent of Burr's views, and of his having imbodied and enlisted men with views hostile to the government of his country, and that he has done acts which amount to levying war on the United States.

"Burr's treason, then, being established, we are to inquire whether the prisoners were his confederates. They are represented, under oath, to have been the bearers of the duplicates of Burr's letters in cipher to Wilkinson, and to possess Burr's confidence; they use arguments, in addition to those in the letter, to invite Wilkinson to accede to their views; admit that they have corresponded with Burr on the subject since the delivery of the letter; that Swartwout informed Wilkinson that Burr, with a powerful association, extending from New York to New Orleans, was levying an armed body of 7000 men from New York and the Western States and Territories, with a view to carry an expedition against the Mexican provinces, and that 500 men under Colonel Swartwout and Major Tyler were to defend the Alleghany, for whose accommodation light boats had been built and were ready; said that New Orleans would be revolutionized when the people were ready to join them, and that there would be some seizing.

"Here, then, is evidence of a connection with Colonel Burr of a treasonable nature. What is it? The act of Congress defines misprision of treason to be a neglect to disclose the knowledge of a treason. But the prisoners have not only known of the treason, but carried a treasonable letter, knowing its contents; endeavored to further Burr's views and wishes, and to seduce Wilkinson from his duty. The offense exceeds misprision of treason, and as there is no intermediate class of offenses of a treasonable nature between misprision and treason, it must be treason.

"I am, therefore, of opinion, that the prisoners should be committed for treason against the United States, in levying war against them."

Note from page 479: 555. The following is a copy of this address: "His Excellency Brigadier-general JAMES WILKINSON,

"SIR, — The subscribers, masters of vessels in the port of New Orleans, beg leave to express to you, through this channel of communication, the high sense they entertain of your services in the present alarming crisis.

"Surrounded as we are by suspicious or deluded persons, more than ordinary means are requisite to frustrate their nefarious designs; and although we deprecate military ascendancy in a free government, yet at this juncture we consider it the only alternative to preserve the peace of the country, and maintain inviolable the interests of the United States.

"In all your measures, sir, we have perceived the arm of power guided by the dictates of patriotism; and we are well convinced that the civil authority is set aside only because it is incompetent, from the nature of its process, to avert the storm which was ready to burst over us.

"That your exertion may be crowned with success, and your services meet the reward which they so justly merit, is the sincere wish of, sir, your admirers and friends."

(Here follows the signatures of thirty-one captain.)

"RICHARD STITES,

"LLOYD JONES, Committee to wait on the general."

"W. J. PIGOT."

Note from page 479: 556. Martin's Louisiana, vol. ii., p. 290-295.

Note from page 480: 557. Pike's Expedition, p. 108.

Note from page 481: 558. Pike's Expedition, Appendix to Part II., p. 47-49.

Note from page 482: 559. The following is the substance of the deposition of Judge Timothy Kibby, of the "Louisiana Territory," an acting chief-justice of the Court of Common Pleas for the District of St. Charles, also colonel of militia, taken before Judge Otho Shrader, territorial judge of the United States, on the 6th of July, 1807, published in the Mississippi Herald, September 15th, 1807.

This deponent declares, "That in July, 1805, he was introduced to General Wilkinson at St. Charles, and after a private and confidential interview, the general inquired into the views, feelings, and prejudices of the people of St. Charles as regarded the American government; whether they were pleased with the change. He inquired, whether the greater portion would not prefer a government separate from the government of the United States. The general said that, as the greater portion of the people in Upper Louisiana had left the United States, and removed to this country while it was under the Spanish dominion, he was convinced that they could not be pleased with their own government, &c.

"The general desired him to make the acquaintance of Mr. Burr, who was then at St. Louis, and who was one of the most enterprising men in the United States.

"In a subsequent interview, in October following (1806), the general avoided the name of Burr; said we should before long have enough to do; for in eighteen months there would be an attack upon the Spanish provinces of Mexico; that he should lead the expedition, and personally make the attack. He tendered to Colonel Kibby a handsome command in the campaign; inquired how many men could be obtained in the St. Charles District, intimating that Spain was about to declare war against the United States, and that the latter would attack Mexico and Peru.

"Similar conversations were subsequently held at diverse times. The general speaking of Lieutenant Pike's expedition, upon inquiry, replied, smiling, that it was of a secret nature, and that Lieutenant Pike himself was not apprised of the ultimate object of his expedition; but that his destination was Santa Fe, treating with the Indians as he advanced. He intimated that Lieutenant Pike had been dispatched by his orders; that the plan was his own; not emanating from the government, but assented to; and stated, ‘That, if he should succeed, he should be in a situation to call his d—d enemies to account for their deeds.’

"Upon learning that Colonel Kibby was attached to the government of the United States, and would march wherever ordered for the interests of the country, the general seemed surprised, and subsequently was more reserved."

The whole tenor of this statement is altogether compatible with General Wilkinson's fidelity to the government in 1806, he believing that it secretly contemplated an invasion of the Spanish provinces. The last paragraph of this affivadit will be duly appreciated by the reader when he is informed that Judge or Colonel Kibby was a zealous adherent of Aaron Burr as late as November, 1806.

Note from page 483: 560. See Mississippi Messenger, June 30th, 1837.

Note from page 485: 561. Martin's Louisiana, vol. ii., p. 292.

Note from page 485: 562. Idem, p. 295.

Note from page 487: 563. The Patriot forces of the Baton Rouge District were commanded by two intrepid men, both inveterate in their hatred of the Spanish authorities. The expedition against the Spanish post of Baton Rouge was organized near St. Francisville. Captain Thomas led about eighty riflemen from the pine woods, and rendezvoused in the plains south of Baton Rouge; and Captain George Depassau headed about forty of the St. Francisville dragoons, and advanced to the attack. The Spanish garrison, about one hundred and fifty in number, was drawn up within the gates to receive the cavalry as they advanced. Dashing in among them, Captain Depassau demanded of them the surrender of the fort: alarmed at his reckless daring, the garrison retired to the guard-house, where they were rallied by the commandant, Colonel de Grandpre. Captain Depassau demanded of him the surrender of the fort, when he ordered his men to fire. At the same instant, Grandpre was shot down and Depassau charged the Spaniards, who, at the same time, hearing the war-whoop from Captain Thomas and his riflemen, who were rushing in at the southern gate, called out for quarters and surrendered. The town soon followed the example of the garrison, and the Patriots took possession of the whole country south of the line. Captain Depassau died in the spring of 1846. Captain Thomas, a veteran of 80 years, was then living. — New Orleans Commercial Times, March, 1846.

Note from page 488: 564. Extract from the "DECLARATION of the people of West Florida, in Convention assembled." — See American State Papers, vol. vii., p. 486, 487, Boston edition.

"We, therefore, the representatives aforesaid, appealing to the Supreme Ruler of the world for the rectitude of our intentions, do solemnly publish and declare the several districts composing this territory of West Florida to be a free and independent state, and that they have a right to institute for themselves such form of government as they may think conducive to their safety and happiness; to form treaties; to establish commerce; to provide for their common defense; and to do all acts which may of right be done by a sovereign and independent nation: at the same time declaring all acts within the said territory of West Florida, after this date, by any tribunal or authorities not deriving their powers from the people, agreeably to the provisions of this Convention, to be null and void; and calling upon all foreign nations to respect this our declaration, acknowledging our independence, and giving us such aid as may be consistent with the laws and usages of nations.

"This declaration, made in Convention at the town of Baton Rouge, on the 26th day of September, in the year of our Lord 1810, we, the representatives, in the name and on behalf of our constituents, do hereby solemnly pledge ourselves to support with our lives and fortunes.

"By order of the Convention.

"JOHN RHEA, President.
"ANDREW STEELE, Secretary."

Note from page 488: 565. American State Papers, vol. vii., p. 482 and 484.

Note from page 489: 566. American State Papers, vol. vii., p. 479.

The work of Judge Martin is very erroneous in regard to this territory and the general proceedings relative to the same. He places the meeting of the Convention at St. Francisville, and makes the date of the president's proclamation to be October l6th instead of 27th. Other similar errors abound.

The territory comprised in the proclamation extended from the Mississippi eastward to the Perdido, bounded on the north by the parallel of latitude 31°, or Ellicott's line, and by the Iberville, Lake Pontchartrain, the Rigolets, and the sea-shore eastward to the Perdido. But the Spaniards continued to hold possession of Mobile and its district until April 13th, 1813, when it was invested by the troops of the United States, under General Wilkinson. — See book i., chap. v.; also, book v., chap., xiii., of this work.

Note from page 490: 567. Martin, vol. ii., p. 298, 299.

Note from page 490: 568. The population of the different parishes was as follows:

1. Parish of Plaquemines	1,549 souls.	Brought Forward	23,633 souls
2. Parish of St. Bernard	1,020 "	11. Parish of Point Coupé	4,539 souls
3. Parish of St. Charles	3,291 "	12. Parish of Concordia	2,895 "
4. Parish of St. John Baptist	2,990 "	13.Parish of Ouachita	1,077 "
5. Parish of St. James	3,955 "	14. Parish of Rapides	2,200 "
6. Parish of Ascension	2,219 "	15. Parish of Catahoola	1,164 "
7. Parish of Assumption	2,472 "	16. Parish of Avoyelles	1,209 "
8. Parish of Lafourche	1,995 "	17. Parish of Natchitoches	2,870 "
9. Parish of Iberville	2,679 "	18. Parish of Opelousas	5,040 "
10. Parish of Baton Rouge	1,463 "	19. Parish of Attakapas	7,369 "
Carried forward	23,633 souls.	Total,	51,996 souls.

Note from page 491: 569. Martin, vol. ii., p. 301.

Note from page 491: 570. Idem.

Note from page 492: 571. Martin's Louisiana, vol. ii., p. 302. Also, Land Laws of United States, compilation of 1827, p. 581.

Note from page 492: 572. Martin's Louisiana, vol. ii.. p. 306, 307.

Note from page 493: 573. Martin, vol. ii., p. 310.

Note from page 493: 574. Land Laws of the United States, vol. iv., p. 403. Also, Martin.

Note from page 493: 575. Martin, vol. ii., p. 304.

Note from page 495: 576. Wilkinson's Memoirs, vol. i., p. 472-488.

Note from page 495: 577. Idem, p. 489-493.

Note from page 495: 578. Idem, p. 503-505.

Note from page 496: 579. Wilkinson's Memoirs, vol. i., p. 501-505. The "council of war" consisted of Brigadier-general Wilkinson, Commodore Shaw, Lieutenant-colonel Purdy, Major Cammack, Captain Patterson, of U. S. N., Captain Blakely, U. S. N., Colonel Shaumburg, and Benjamin Morgan, Dep. Comm. General.

Note from page 496: 580. Wilkinson's Memoirs, vol. i., p. 545.

Note from page 497: 581. Wilkinson's Memoirs, vol. i., p. 500-502.

Note from page 497: 582. Idem, p. 484.

Note from page 498: 583. Breckenridge's History of the War, p. 278.

Note from page 499: 584. Breckenridge's History of the War, p. 279.

Note from page 501: 585. See Breckenridge's History of the War, p. 280. Also, Eaton's Life of Jackson, p. 261.

Note from page 501: 586. Breckenridge, p. 281.

Note from page 501: 587. Eaton's Life of Jackson, p. 268-270.

Note from page 502: 588. Breckenridge, p. 281.

Note from page 503: 589. Martin, vol. ii., p. 351.

Note from page 503: 590. Idem, vol. ii., p. 352.

Note from page 505: 591. Martin's Louisiana, vol. ii., p. 354-356.

Note from page 505: 592. Breckenridge, p. 283.

Note from page 506: 593. Breckenridge's History of the War, p. 283. Eaton's Life of Jackson, p. 299, 300.

Note from page 506: 594. Eaton's Life of Jackson, p. 309.

Note from page 507: 595. Breckenridge's History of the War, p. 284.

Note from page 507: 596. Idem. Also, Martin's Louisiana, vol. ii., p. 361.

Note from page 508: 597. Eaton's Life of Jackson, p. 332.

Note from page 508: 598. Martin's Louisiana, vol. ii., p. 372.

Note from page 509: 599. Breckenridge, p. 285.

Note from page 510: 600. Breckenridge, p. 286. Martin, ii., p. 375.

Note from page 510: 601. Breckenridge, p. 286.

Note from page 510: 602. Idem. Also, Martin, ii., p. 377.

Note from page 511: 603. Martin, vol. ii., p. 376, 377. Breckenridge, 287.

Note from page 512: 604. Martin, vol. ii., p. 378. Breckenridge, p. 287.

Note from page 512: 605. Idem.

Note from page 512: 606. Martin's Louisiana, vol. ii., p. 379.

Note from page 513: 607. Martin's Louisiana, vol. ii., p. 383.

Note from page 513: 608. Notes on the War in the South, by Nathaniel Herbert Claiborne, p. 78.

Note from page 514: 609. See Claiborne's Notes on the War in the South, p. 73.

Note from page 517: 610. See "New Orleans Annual Statement" of the prices current, and Merchant's Transcript, for 1844, 1845.

Note from page 518: 611.

Governor of the Territory of Orleans.

1. William C. C. Claiborne, from 1804 to 1812.
Governors of the State of Louisiana.
1. William C. C. Claiborne	from 1812 to 1816.
2. James Villère	from 1816 to 1820.
3. Thomas B. Robinson	from 1820 to 1824.
4. Henry Johnson	from 1824 to 1828.
5. Peter Derbigny	from 1828 to 1829.
6. A. Beauvais	from 1829 to 1830, acting governor.
7. Jacques Dupré	from 1830 to 1831, acting governor.
8. A. B. Roman	from 1831 to 1835.
9. Edward D. White	from 1835 to 1839.
10. A. B. Roman	from 1839 to 1843.
11. Alexander Mouton	from 1843 to 1846.
12. Isaac Johnson	from 1846 to 1849.

Note from page 521: 612. The following is an authentic abstract from the principal Indian treaties for the sale and relinquishment of lands in the territory northwest of the Ohio, from the treaty of Greenville inclusive.

1. Treaty of Greenville, concluded on the 3d of August, 1795, with the Wyandots, Delawares, Shawanese, Ottawâs, Chippewas, Potawatamies, Miamies, Eel Rivers, Miamies, Kickapoos, Piankeshas, and Kaskaskias. — By this treaty the tribes concerned cede and relinquish to the United States, within the limits of the present States of Ohio and Indiana, 17,724,489 acres of land; of this quantity, 1,726,000 acres were within the limits of the Connecticut Reserve, and 794,072 acres were within the present State of Indiana.

2. Treaty of Fort Wayne, concluded June 7th, 1803, with the Delawares, Shawanese, Potawatamies, Eel Rivers, Weas, Kickapoos, Piankeshas, and Kaskaskias — This treaty was ratified at the council held in Vincennes, August 7th, 1803, by the Eel Rivers, Wyandots, Kaskaskias, and Kickapoos. By it the tribes concerned cede to the United States, within the limits of the present States of Indiana and Illinois, 1,634,000 acres, of which 1,297,920 acres were in Indiana, and 336,128 acres were in Illinois.

3. Treaty of Vincennes, concluded August 13th, 1803. — By this treaty the Kaskaskias cede to the United States, within the present State of Illinois, 8,608,167 acres.

4. Treaty of Vincennes, concluded August 18th, 1804, at Vincennes. — This treaty was made with the Dolawares, who thereby ceded, within the limits of the present State of Indiana, 1,910,717 acres of land. This cession was ratified by the Piankeshas, at Vincennes, on the 27th of August, 1804.

5. Treaty of St. Louis, concluded November 3d, 1804. — By this treaty the Sauks and Foxes ceded to the United States 14,000,000 acres of land, situated principally within the limits of the present State of Illinois, but partly in Missouri, west of the Mississippi.

6. Treaty of Fort Industry, concluded July 4th, 1805. — This treaty was made with the Wyandots, Ottawâs, Chippewas, Munsees, Delawares, Shawanese, and Potawatamies, by which they ceded to the United States 2,726,812 acres ef land, all within the northern limits of the present State of Ohio, east of the Sandusky River, and chiefly within the Connecticut Reserve.

7. Treaty of Grouseland, near Vincennes, concluded August 21st, 1805. — This treaty was made with the Delawares, Potawatamies, Miamies, Eel Rivers, and Weas. They ceded to the United States 1,244,211 acres of land, within the limits of the present State of Indiana.

8. Treaty of Vincennes, concluded December 30th, 1805. — This treaty was made with the Piankeshas, who ceded their claim to 2,616,921 acres of land, within the limits of the present State of Illinois.

9. Treaty of Detroit, concluded November 17th, 1807. — By this treaty the Ottawâs, Chippewas, Wyandots, and Potawatamies ceded to the United States 5,937,760 acres of land, chiefly within the present limits of Michigan, and partly within the northwestern limits of Ohio.

10. Treaty of Brownstown, concluded November 25th, 1808, at Brownstown, Michigan. — By this treaty the Chippewas, Ottawâs, Wyandots, Potawatamies, Miamies, and Eel Rivers ceded to the United States certain lands in the State of Ohio for the use of a road, &c.

11. Treaty of Fort Wayne, concluded September 30th, 1809. — This treaty was made with the Delawares, Potawatamies, Miamies, and Eel Rivers. They ceded thereby to the United States 2,136,266 acres of land, within the northern portion of the present State of Indiana.

This cession was subsequently confirmed in convention, at Vincennes, by the Weas, on the 26th day of October, 1809. Also, by the Kickapoos, in a treaty at Vincennes, concluded December 9th, 1809. — See Land Laws of United States, compilation of 1827, by M. St. Clair Clarke, passim.

Note from page 524: 613. Land Laws of United States, compilation of 1827, p. 563.

Note from page 524: 614. Mitchell's World, p. 221. Census of United States.

Note from page 524: 615. Idem, p. 224. United States Census for 1810.

Note from page 526: 616. Breckenridge's Late War, p. 24.

Note from page 527: 617. Breckenridge, p. 25.

Note from page 528: 618. Breckenridge, p. 26. Official returns give 62 killed, 126 wounded. — Drake's Book of Indians, book v., p. 103.

Note from page 529: 619. While the government of the United States had adopted every prudential measure which humanity and natural justice might dictate for the preservation of neutrality and peace with the northwestern Indians, as Mr. Madison declared in his message of November 4th, 1812, "The enemy has not scrupled to call to his aid the ruthless ferocity of the savages, armed with instruments of carnage and torture, which are known to spare neither age nor sex. In this outrage against the laws of honorable war, and against the feelings sacred to humanity, the British commanders can not resort to the plea of retaliation, for it is committed in the face of our example. They can not mitigate it by calling it ‘self-defense’ against men in arms, for it embraces the most shocking butcheries of defenseless families. Nor can it be pretended that they are not answerable for the atrocities perpetrated; for the savages are employed with a knowledge, and even with menaces that their fury can not be controlled. Such is the spectacle which the deputed authorities of a nation boasting its religion and morality have not restrained from presenting to an enlightened age." — See American State Papers. Boston ed., vol. ix., p. 51.

Note from page 530: 620. See Land Laws of United States, vol. vi., p. 68. Also, Senate compilation of 1827, p. 682. Also, Darby's Gazetteer, p. 336.

Note from page 530: 621.

GOVERNORS OF INDIANA.

Territorial
1. Wm. H. Harrison, from 1800 to 1813.	2. Thomas Posey, from 1813 to 1816.
State.
1. Jonathon Jennings, from 1816 to 1822.	4. Noah Noble, from 1831 to 1837.
2. Wm. B. Hendricks, from 1822 to 1825.	5. David Wallace, from 1837 to 1843.
3. James B. Ray, from 1825 to 1831.	6. James Whitcomb, from 1843 to 1846.

Note from page 531: 622. See Laws of United States, vol. vi., p. 294. Bradford's Illustrated Atlas, p. 97. Also, Emigrant's Guide, p. 334.

GOVERNOR OF ILLINOIS.

Territorial.
1. Wm. H. Harrison, as Governor of Indiana until 1809.
2. Ninian Edwards, from 1809 to 1818, three terms.
State.
1. Shadrach Bond, from 1818 to 1822.	5. Joseph Duncan, from 1834 to 1838.
2. Edward Coles, from 1822 to1826.	6. Thomas Carlin, from 1838 to 1842.
3. Ninian Edwards, from 1826 to 1830.	7. Thomas Ford, from 1842 to 1846.
4. John Reynolds from 1830 to 1834.

Note from page 531: 623. Darby's Gazetteer, p. 336.

Note from page 531: 624. Mitchell's World, p. 219

Note from page 532: 625. The principal Indian treaties with the northwestern tribes, after the peace of 1815, for the cession of lands, are as follows:

1. Treaty of the Maumee Rapids, concluded September 29th, 1817. — By this treaty the Wyandots, Senecas, Shawanese, Ottawâs, Delawares, Potawatamies, and Chippewas ceded to the United States 4,776,971 acres of land near the Lakes Erie and Michigan, but chiefly in Ohio; some in Indiana and Michigan Territory.

2. Treaty of Edwardsville, concluded September 26th, 1818. — By this treaty the Peorias, Kaskaskias, Michigamies, Cahokias, and Temarois ceded to the United States, within the Territory of Illinois, 7,138,398 acres of land

3. Treaty of St. Mary's, concluded October 3d, 1818. — By this treaty the Delawares ceded all their lands in Indiana, in exchange for others west of the Mississippi.

4. Treaty of Edwardsville, concluded July 30th, 1819.

5. Treaty of Fort Harrison, concluded August 30th, 1819. — By these treaties the Kickapoos ceded to the United States 3,312,450 acres of land, chiefly in Illinois, but partly in Indiana.

6. Treaty of Saginaw, concluded September 29th, 1819. — By this treaty the Chippewas ceded to the United States 7,451,520 acres of land in the Territory of Michigan. Other treaties, by the same tribes, concluded at Sault St. Marie, June 16th, 1820; and at L'Arbre Croché, July 6th, 1820, ceded other smaller portions of territory near the St. Mary's River.

7. Treaty of Chicago, concluded August 29th, 1821. — By this treaty the Chippewas, Ottawâs, and Potawatamies ceded to the United States, chiefly in Michigan and partly in Indiana, 4,933,550 acres. — See Land Laws of United States, compilation of 1827, by M. St. Clair Clarke.

Note from page 533: 626. Emigrant's Guide, p. 178,179.

Note from page 533: 627. Mitchell's World, p. 224.

Note from page 534: 628. See Laws of the United States, vol. ix., p. 377. Emigrant's Guide, p. 185. Also, American Almanac for 1838, p. 256.

Note from page 534: 629. Governors of the Territory of Michigan.
1. William Hull, from 1805 to 1812.
2. Lewis Cass, from 1814 to 1832.
3. George B. Porter, from 1832 to 1834.
4. Stephens T. Mason, from 1834 acting governor.
5. John S. Horner, from 1835 to 1836.

Governors of the State of Michigan.
1. Stephens T. Mason, from 1836 to 1840, two terms.
2. Stephens T. Mason, from 1840 to 1842.
3. John S. Barry, from 1842 to 1846, two terms.
4. Alpheus Felch, from 1846 to 1848.

Note from page 535: 630. Mitchell's World, p. 228.

Note from page 535: 631. The governors of Wisconsin Territory are as follows:

1. Henry Dodge, Governor and Superintendent of Indian Affairs, from 1836 to 1841.
2. James M. Doty, Governor and Superintendent of Indian Affairs, from 1841 to 1844.
3. Nathaniel P. Tallmage, Governor and Superintendent of Indian Affairs, from 1844 to 1845.
4. Henry Dodge, Governor and Superintendent of Indian Affairs, from 1845 to 1843.

Note from page 536: 632. See Newhall's Sketches of Iowa, p. 247, &c.

Note from page 536: 633. Territory of Iowa is continued under the head of chap, xvii., i. e., "Extension of Federal Jurisdiction west of the Mississippi," &c.

Note from page 537: 634. See chap., xvii., "Extension of Federal Jurisdiction west of the Mississippi," &c.

Note from page 537: 635. See Gazetteer of Illinois, art. Chicago.

Note from page 538: 636. See New York Weekly Herald, Feb. 17th, 1844.

Note from page 539: 637. National Intelligencer, 7th December, 1843.

Note from page 540: 638. See American Almanac for 1845, p. 281, 282; also for 1844, p. 282, 283.

Note from page 540: 639. See Smith and Haskell's Gazetteer of the United States, p. 176.

Note from page 541: 640. See New York Weekly Herald, June 15th, 1844.

Note from page 541: 641. By the state census for the year 1845, the entire population of the states and territories is as follows:

1. State of Ohio, 1,732,832 souls.	4. State of Michigan, 304,285 souls.
2. State of Indiana, 854,321 souls.	5. Territory of Wisconsin, 150,000 souls.
3. State of Illinois, 705,011 souls.

The above states, in 1845, had forty members of Congress, and Wisconsin one delegate — See New Orleans Jeffersonian of February 14th, 1846.

Note from page 543: 642. See book iv., chapter v., "Close of Spanish dominion in Louisiana."

Note from page 543: 643. Major Stoddart was an accomplished scholar, and was attached to the first regiment of artillery, and distinguished himself on the Northwestern frontier during the campaign of 1812 and 1813. He died at Fort Meigs in the spring of 1813, of tetanus, produced by a wound received during the siege from a fragment of a shell. His work, published in 1810, is a valuable compilation of the early history, settlements, resources, and population of Louisiana and Florida, commonly known as "Stoddart's Sketches of Louisiana."

Note from page 544: 644. See Martin's Louisiana, vol. ii., p. 205. Also, Drake's Life of Harrison, p. 74.

Note from page 544: 645. See Pike's Expedition, passim.

Note from page 545: 646. See Darby's Universal Gazetteer, p. 495, edition of 1827. Also, Bradford's Illustrated Atlas of United States, p. 154.

Note from page 546: 647. Mitchell's World, p. 227. Also, Guthrie's Geography, vol. ii., p. 503, edition of 1815.

Note from page 546: 648. See Land Laws of United States, compilation of 1827, p. 614-15.

Note from page 547: 649. See Flint's Mississippi Valley, edition of 1828, vol. ii., p. 109.

Note from page 547: 650. The following are some of the principal Indian treaties in the Territory of Louisiana, and the Missouri Territory, viz.:

Note from page 548: 651. See Darby's Gazetteer, p. 496, and seq.

Note from page 549: 652. See Darby's Gazetteer, article "St. Louis."

Note from page 551: 653. The first territorial Legislature districted the settlements into seven large counties, and the census of 1820 gave the population of each as follows:

1. Lawrence, with a population of 5,602 souls.
2. Phillips, with a population of 1,201 souls.
3. Arkansas, with a population of 1,260 souls.
4. Pulaski, with a population of 1,923 souls.
5. Clark, with a population of 1,040 souls.
6. Hempstead, with a population of 2,248 souls.
7. Miller, with a population of 999 souls.
8. Total 13,671 souls.

Of these, seventeen hundred were slaves and people of color. — See Darby's Universal Gazetteer, p. 44.

Note from page 551: 654. See Land Laws of United States, edition of 1827, p. 764.

Note from page 551: 655. The members of the convention which framed the Constitution of Missouri were as follows:

Cape Girardeau county: Stephen Byrd, James Evans, Richard S.Thomas, Alexander Buckner, and Joseph M'Ferron. — Cooper county: Robert P. Clarke, Robert Wallace, and William Lillard. — Franklin county: John G. Heath. — Howard county: Nicholas S. Burkhart, Duff Green, John Ray, Jonathan S. Finlay, Benjamin H. Reeves. — Jefferson county: S. Hammond. — Lincoln county: Malcolm Henry. — Montgomery county: Jonathan Ramsay and James Talbot. — Madison county: Nathaniel Cook. — New Madrid county: Robert D. Dawson, Christopher G. Houts. — Pike county. — Stephen Cleaver. — St. Charles county: Hiram H. Baber, Benjamin Emmons, Nathan Boone. — St. Geneviève county: R. T. Brown, H. Dodge, John D. Cook, John Scott. — St. Louis county: Edward Bates, Alexander M'Nair, William Rector, John C. Sullivan, Pierre Chouteau, Junior, Bernard Pratte, Thomas F. Riddick. — Washington county: John Rice Jones, Samuel Perry, John Hutchings. — Wayne county: Elijah Bettis. — See Wetmore's Gazetteer of Missouri, p. 376-378. Also, Darby's Universal Gazetteer, p. 495.

Note from page 552: 656. See Land Laws of United States, edition of 1827, p. 793.

Note from page 552: 657. See Act of General Assembly of Missouri, passed June 26th, 1821. This act is certified by H. S. Geyer, Speaker of the House of Representatives, and William H. Ashley, President of the Senate, approved by Alexander M'Nair, the first state governor. — See Land Laws of 1827, p. 228-30. Also, Land Laws, vol. vi., p. 599.

The following is a summary of the several governors of Missouri, and the terms of their service respectively.

GOVERNORS OF MISSOURI.

Territorial.
1. Amos Stoddart, from 1804 to 1805.	3. Meriwether Lewis, from 1807 to 1813.
2. James Wilkinson, from 1805 to 1807.	4. William Clarke, from 1813 to 1820.
State.
1. Alexander M'Nair, from 1820 to 1824.	5. Lilburn Boggs, from 1836 to 1840.
2. Frederic Bates, from 1824 to 1828.	6. Thomas Reynolds, from 1840 to 1844.
3. John Miller, from 1828 to 1832.	7. John C. Edwards, from 1844 to 1848.
4. Daniel Dunklin, from 1832 to 1836.

Note from page 553: 658. See Wetmore's Gazetteer ot Missouri, p. 267. Also, Flint's Geography, p. 284.

Note from page 554: 659. Bradford's Comprehensive Atlas, p. 50. Mitchell's World, p. 225. Wetmore, p. 267.

Note from page 555: 660. Darby's Universal Gazetteer.

Note from page 557: 661. See Land Laws of the United States, vol. ix., p. 378.

Note from page 557: 662. See American Almanac for 1837, p. 272, 273. Also, Smith and Haskel's. Gazetteer, article "Arkansas."

Note from page 558: 663. The governors of Arkansas from its earliest territorial organization, are as follows:

Under the Territorial Government.	Under the State Government.
1. James Miller, from 1819 to 1825.	1. James S. Conway, from 1836 to 1840.
2. George Izard, from 1825 to 1829.	2. Archibald Yell, from 1840 to 1844.
3. John Pope, from 1829 to 1835.	3. Samuel Adams, acting until Nov., 1844.
4. William S. Fulton, from 1835 to 1836.	4. Thomas J. Drew, 1844.

Note from page 559: 664. American Almanac for 1837, p. 270.

Note from page 559: 665. St. Louis Reporter, April, 1845.

Note from page 561: 666. This name was selected to commemorate the first American post established upon the same ground as early as the year 1808, soon after the first Indian treaty in this quarter. This post was "Fort Madison," erected as a frontier post and Indian agency upon a site selected by Lieutenant Pike in 1805, during his expedition to the sources of the Mississippi. This post was occupied in the heart of the Indian country until the year 1813, when it was abandoned, after having been reduced to the last extremity of suffering and famine by the combined savages of the Northwestern Territory, in alliance with the British forces of Canada. The beleaguered garrison, reduced by privation and famine, and beyond the reach of succor from the American settlements, was compelled to abandon the fort, and make good their retreat by night down the river. Having opened a covert way from the southeast block-house to the river, they succeeded in effecting their escape, leaving the fort in flames. — See Newhall's Sketches of Iowa, p. 122-124.

Note from page 562: 667. Newhall's Sketches of Iowa, p. 112-116.

Note from page 562: 668. Julien Dubuque acquired great wealth by his mining operations, and lived until March 24th, 1810. His grave is indicated by a stone monument, situated on a high bluff near the bank of the Mississippi, one mile below the city of Dubuque, and upon which is the following inscription, viz.: "Julien Dubuque, mineur des les mines, d'Epagne, mart mars 1810, agée de 45 ans." — See Newhall's Sketches of Iowa, p. 121 Also, p. 78-122.

Note from page 562: 669. Idem, p. 115.

Note from page 563: 670. Newhall's Sketches of Iowa, p. 141-143.

Note from page 563: 671. Newhall's Sketches, p. 247. See, also, chap. xvi. of this volume; i.e. "Progressive Extension of the Federal Jurisdiction over the Northwestern Territory."

Note from page 565: 672. See Newhall's Sketches of Iowa, p. 60-62.

Note from page 565: 673. Idem, p. 125-128.

Note from page 565: 674. Idem, passim.

Note from page 567: 675. The people of Iowa, in 1846, assented to the restriction of limits, and the formation of a territorial government over the remaining waste territory lying north and west of the limits prescribed by Congress. Petitions, with numerous signatures, demanded the proposed restriction by the organization of a separate territory, to be designated and known as the "Dahcota Territory," comprising the Indian territory beyond the organized settlements of Iowa. Congress accordingly authorized a second convention for the adoption of another state Constitution, and this convention assembled in May, 1846, and adopted another Constitution, which was submitted to Congress in June following. In August the State of Iowa was formally admitted into the Union, and the first state election was, by the proclamation of Governor Clarke, to be held on the 26th day of October following.

Note from page 567: 676. The territorial governors of Iowa were as follows:
1. Robert Lucas, term of service from 1838 to 1841.
2. John Chambers, term of service from 1841 to 1844.
3. John Chambers, reappointed 1844.

Note from page 568: 677. For "Wisconsin Territory," see chapter xvi., "Progressive Extension of the Federal Jurisdiction over the Northwestern Territory to the Mississippi," &c.

Note from page 569: 678. The emigration to Oregon by the Great Platte and South Pass is stated at one hundred and thirty-seven, men, women, and children, in 1842. In 1843 the number of emigrants, men, women, and children, was eight hundred and seventy-five, besides one thousand three hundred head of cattle. In 1844 the emigrants were one thousand four hundred and seventy-five, including men, women, and children, besides three thousand head of cattle and sheep. In 1845 the number was three thousand, men, women, and children, and seven thousand five hundred head of cattle and sheep. Total of American emigrants in 1845, eight thousand; British emigrants, one thousand two hundred and fifty. Such was the increase of American population in Oregon. — See Weekly Union, vol. i., No. 45, p. 708, 709.

Note from page 569: 679. See vol. i., chap. v., p. 99, 100.

Note from page 571: 680. Bradford's Comprehensive Atlas, art. "Texas," p. 64.

Note from page 572: 681. See Moore's Texas, edition of 1840, p. 26.

Note from page 573: 682. The articles enumerated in the Texan petition as indispensable to the prosperity of Texas were provisions, iron and steel, machinery, fanning utensils, tools of the various mechanic arts, hard-ware and hollow-ware, nails, wagons and carts, cotton bagging and bale rope, coarse cotton goods and clothing, shoes, hats, and household furniture, powder and lead, shot, books and stationery, medicines, and tobacco in small quantities. — See Bradford's Comprehensive Atlas, p. 64.

Note from page 574: 683. Senator Walker's Speech, delivered in Senate of United States, May 20th, 1844.

Note from page 576: 684. Santa Anna, who was acting president of Mexico, as well as military dictator and commander-in-chief of the armies, then a captive in the Republic of Texas, procured his release from captivity, and his safe conveyance from the United States in a national vessel, and also the lives and liberty of his captive army, by a voluntary agreement on his part, confirmed by two formal treaties, stipulating for the recognition of the independence of Texas, with the Rio del Norte as its western boundary. The two treaties are as follows, viz.:

Note from page 578: 685. Speech of Senator Walker, May 20th, 1844.

Note from page 579: 686. See Moore's Texas, passim.

Note from page 581: 687. That portion of Mr. Tyler's message which refers more especially to this subject was in the following words:

"Since your last session Mexico has threatened to renew the war, and has either made, or proposes to make, formidable preparations for invading Texas. She has issued decrees and proclamations preparatory to the commencement of hostilities, full of threats, revolting to humanity, and which, if carried into effect, would arouse the attention of all Christendom. This new demonstration of feeling, there is too much reason to believe, has been produced in consequence of the negotiation of the late treaty of annexation with Texas. The executive, therefore, could not be indifferent to such proceedings; and it felt it to be due, as well to itself as to the honor of the country, that a strong representation should be made to the Mexican government upon the subject. This was accordingly done, as will be seen by the copy of the accompanying dispatch from the Secretary of State to the United States envoy at Mexico. Mexico has no right to jeopardize the peace of the world, by urging any longer a useless and fruitless contest. Such a condition of things would not be tolerated on the European continent. Why should it be on this? A war of desolation, such as is now threatened by Mexico, can not be waged without involving our peace and tranquility. It is idle to believe that such a war could be looked upon with indifference by our own citizens, inhabiting adjoining states; and our neutrality would be violated, in despite of all efforts on the part of the government to prevent it. The country is settled by emigrants from the United States, under invitations held out to them by Spain and Mexico. Those emigrants have left behind them friends and relatives, who would not fail to sympathize with them in their difficulties, and who would be led by those sympathies to participate in their struggles, however energetic the action of government to prevent it. Nor would the numerous and formidable bands of Indians, the most warlike to be found in any land, which occupy the extensive regions contiguous to the States of Arkansas and Missouri, and who are in possession of large tracts of country within the limits of Texas, be likely to remain passive. The inclination of those numerous tribes lead them invariably to war whenever pretexts exist.

"Mexico had no just grounds of displeasure against this government or people for negotiating the treaty. What interest of hers was affected by the treaty? She was despoiled of nothing, since Texas was forever lost to her. The independence of Texas was recognized by several of the leading powers of the earth. She was free to treat; free to adopt her own line of policy; free to take the course which she believed was best calculated to secure her happiness. Her government and people decided on annexation to the United States; and the executive saw, in the acquisition of such a territory, the means of advancing their permanent happiness and glory. What principle of good faith, then, was violated? What rule of political morals trampled under foot? So far as Mexico herself was concerned, the measure should have been regarded by her as highly beneficial. Her inability to re-conquer Texas had been exhibited, I repeat, by eight — now nine — years of fruitless and ruinous contests. In the mean time, Texas has been growing in population and resources. Emigration has flowed into her territory from all parts of the world in a current which continues to increase in strength."

Note from page 582: 688. To the general tenor of M. Rejon's offensive charges, Mr. Shannon replied partly as follows:

"The undersigned repeats, that to make such a charge argues an utter ignorance of the history of Mexico, or a deliberate purpose of making a false charge against the government of the United States.

"That there may not be further cavil on this point, and to prove that the government of Mexico, and not the government of the United States, is responsible for the proceedings in Texas, which resulted in the declaration of independence, and the subsequent application to be annexed to the United States, the undersigned refers to the well-known facts of Mexican history; and to show the state of things on which the government of the United States recognized the independence of Texas, the undersigned refers his Excellency M. Rejon to the report made by a special agent sent by President Jackson to ascertain and report upon the condition and facts in relation to the independence of Texas. The following are extracts from that report:

"‘The present political condition of Texas has been produced by a series of alleged aggressions upon the laws of colonization; a refusal on the part of Mexico to protect the colonial settlements from the depredations of the Indian tribes; by laws excluding citizens of the United States of the North from admission into the country; by a refusal to incorporate this province into the Federal system, as provided by the Constitution; and, finally, by the establishment of a central or consolidated government, and the destruction of the Constitution itself. Such are the reasons assigned by the old inhabitants, with whom I have conversed, for the separation of this State from Mexico.’

"‘The history of the events leading to the Revolution, as I find it in the public documents, is this: In 1824 a convention was held by representatives from all the provinces, and a Federal system and Constitution adopted, by which all Mexico became a Republic. Texas at that time did not contain the required population to become a state, but was provisionally united with the neighboring province of Coahuila to form the State of Coahuila and Texas, until the latter should possess the necessary elements to form a separate state for herself. This law was understood and intended to guaranty to the latter a specific political existence as soon as she should be in a condition to exercise it.’

"‘In 1833, the inhabitants having ascertained that their numbers were equal to most, and exceeded several of the old states, and that the resources of the country were such as to constitute the required elements for a state, they held a convention and formed a constitution upon the principles of that of the Mexican Republic. This was presented to the general Congress, with a petition to be admitted into the Union. The application was rejected and the delegate imprisoned.’

"‘In 1834 the Constitutional Congress was dissolved by a military order of the president, Santa Anna, before the expiration of its appointed term, and in the following year a new Congress was assembled, by virtue of another military order, which is said to have been "aristocratical, ecclesiastical, and central in its politics." Numerous applications were made by meetings of the citizens and by some of the State Legislatures, to restore the Constitution and Federal government, and protests were presented against the subversion of the laws; but they were disregarded, and in many instances the authors were prosecuted and imprisoned.’

‘The central government deposed the constitutional vice-president without trial, elected another in his place, united the Senate and House of Representatives in one chamber, and, thus constituted, declared itself invested with all the powers of a legitimate constitution. Under this assumption, it abolished the Federal Constitution and established a consolidated government.’

"‘In September, 1835, General Cos invaded the province of Texas by land, with orders to disarm the citizens, and to require an unconditional submission to the central government, under penalty of expulsion from the country. At the same time, all the ports were declared to be in a state of blockade, and a military force having been sent to Gonzales, to require from the citizens a surrender of their arms, a battle ensued, which terminated in the retreat of the Mexicans.’

"‘The Texans assert that this resistance was not because they even then wished to separate from the confederacy, but, on the contrary, because they were desirous to bring back the government to the terms of the Constitution of 1824.’

"‘They, therefore, held a convention at San Philippi, in November, 1835, composed of fifty-six representatives from all the municipalities, in which they declared that, as Santa Anna and other military chieftains had, by force of arms, overthrown the Federal institutions of Mexico and dissolved the social compact which existed between Texas and the other members of the confederacy, they had taken up arms against the encroachments of military despots, and in defense of the Constitution.’

"‘This was considered as an absolute separation from Mexico; and on the 3d of March, 1836, delegates of the people, from all the districts, declared Texas "a free, sovereign, and independent state.’"

"In communicating this report to Congress, President Jackson, referring to the recognition of the independence, and the application of Texas to be annexed to the United States, advised that the government of the United States should maintain its ‘present attitude until the lapse of time, or the course of events, should have proved, beyond cavil or dispute, the ability of the people of that country to maintain their separate sovereignty, or to uphold the government constituted by them.’

"Spain first invited citizens of the United States to Texas, and the government of Mexico renewed that invitation, by tendering large grants of land. These invitations were accompanied by pledges of protection of person and property; and the Mexican government should have foreseen that natives of the United States, well informed as to what their rights were, and accustomed to a government in which just laws and good faith prevail, would resist the attempt of the Mexican government to subvert the constitutional government and laws; and it is, therefore, manifest, from this statement of the case, that their removal to Texas and their declaration of independence were the work of the government of Mexico, and not of the government of the United States, as is unjustly charged by his excellency.

"She was entitled to, and enjoyed, her own local Legislature, and was only bound to the general government according to the express terms of the Constitution of 1824. When the army, therefore, destroyed that Constitution, the State of Coahuila and Texas was remitted to its original sovereignty; and the Constitution of 1824, which bound the states together, being destroyed, and, consequently, Texas, owing no allegiance to that which had no existence, was left free to choose and adopt her own form of government, as best suited to her interests. The other states had no right to force upon her a form of government of which she did not approve, and much less had the army, without consulting the will of the people, the right to do so." — See Official Documents accompanying President's Message of November, 1844.

Note from page 587: 689. The following is a copy of the articles preliminary to a treaty of peace between Mexico and Texas:

1. Mexico consents to acknowledge the independence of Texas.
2. Texas engages that she will stipulate in the treaty not to annex herself, or become subject to any country whatever.
3. Limits and other conditions to be matter of arrangement in the final treaty.
4. Texas will be willing to remit disputed points respecting territory and other matters to the arbitration of umpires.

Done at Washington (on the Brazos) the 29th March, 1845.
ASHBEL SMITH, Secretary of State.

Note from page 588: 690. The following are copies of some of the important dispatches borne by Captain Elliott to the President of Texas:

Note from page 591: 691. The following copy of the "Ordinance" of the Convention of Texas comprises also the joint resolutions of the United States:

Note from page 592: 692. On the 21st of July the Mexican minister of foreign affairs addressed a report to the Congress in behalf of the government, strongly recommending war for the recovery of Texas in case the plan of annexation to the United States is consummated. This report closes with submitting the following proposition by the minister:

"His excellency, the president, at a council of the ministers, and with their full assent, has been pleased to order me to address the chamber in the following terms, as approved by the council:

"Article 1. From the moment when the supreme government shall know that the department of Texas has annexed itself to the American Union, or that troops from the Union have invaded it, it shall declare the nation at war with the United States of North America.

"Article 2. The object of this war shall be to secure the integrity of the Mexican Territory, according to its ancient limits, acknowledged by the United States in treaties from the year 1828 to 1836, and to insure the independence of the nation.

"God and Liberty!
LUIS G. CUEVAS.

"Mexico, July 21, 1845."