"Navarro's last communication to the king was a memorial which he had prepared, by order of the minister, on the danger to be apprehended by Spain, in her American colonies, from the emancipation of the late British provinces on the Atlantic. In this document, he dwells much on the ambition of the United States, and their thirst for conquest; whose views he states to be an extension of territory to the shores of the Pacific ocean; and suggests the dismemberment of the western country, by means of pensions and the grant of commercial privileges, as the most proper means, in the power of Spain, to arrest the impending danger. To effect this, was not, in his opinion, very difficult. The attempt was therefore strongly recommended, as success would greatly augment the power of Spain, and forever arrest the progress of the United States to the west."It would not have been difficult for the King of Spain, at this period, to have found, in Kentucky, citizens of the United States ready to come into his views. The people of that district met, this year, in a second convention, andagreed on a petition to congress for the redress of their grievances—the principal of which was, the occlusion of the Mississippi. Under the apprehension that the interference of congress could not be obtained, or might be fruitless, several expedients were talked of, no one of which was generally approved; the people being divided into no less than five parties, all of which had different, if not opposite, views."The first was for independence of the United States, and the formation of a new republic, unconnected with them, who was to enter into a treaty with Spain."Another party was willing that the country should become a part of the province of Louisiana, and submit to the admission of the laws of Spain."A third desired a war with Spain, and the seizure of New-Orleans."A fourth plan was to prevail on congress, by a show of preparation for war, to extort from the cabinet of Madrid, what it persisted in refusing."The last, as unnatural as the second, was to solicit France to procure a retrocession of Louisiana, and extend her protection to Kentucky."
"Navarro's last communication to the king was a memorial which he had prepared, by order of the minister, on the danger to be apprehended by Spain, in her American colonies, from the emancipation of the late British provinces on the Atlantic. In this document, he dwells much on the ambition of the United States, and their thirst for conquest; whose views he states to be an extension of territory to the shores of the Pacific ocean; and suggests the dismemberment of the western country, by means of pensions and the grant of commercial privileges, as the most proper means, in the power of Spain, to arrest the impending danger. To effect this, was not, in his opinion, very difficult. The attempt was therefore strongly recommended, as success would greatly augment the power of Spain, and forever arrest the progress of the United States to the west.
"It would not have been difficult for the King of Spain, at this period, to have found, in Kentucky, citizens of the United States ready to come into his views. The people of that district met, this year, in a second convention, andagreed on a petition to congress for the redress of their grievances—the principal of which was, the occlusion of the Mississippi. Under the apprehension that the interference of congress could not be obtained, or might be fruitless, several expedients were talked of, no one of which was generally approved; the people being divided into no less than five parties, all of which had different, if not opposite, views.
"The first was for independence of the United States, and the formation of a new republic, unconnected with them, who was to enter into a treaty with Spain.
"Another party was willing that the country should become a part of the province of Louisiana, and submit to the admission of the laws of Spain.
"A third desired a war with Spain, and the seizure of New-Orleans.
"A fourth plan was to prevail on congress, by a show of preparation for war, to extort from the cabinet of Madrid, what it persisted in refusing.
"The last, as unnatural as the second, was to solicit France to procure a retrocession of Louisiana, and extend her protection to Kentucky."
We think the Don's scheme, for preventing the evils he anticipated, altogether chimerical; but our author has more faith in it, and believes "it would not have been difficult for the King of Spain, at this period, to find, in Kentucky, citizens of the United States ready to come into his views." We trust this is a mistake. The occlusion of the Mississippi was the grievance they deplored. It is, however, worthy of our special attention, that at the period when these matters were agitated in our western country, our states were held together by the weak and inefficient bonds of the old confederation, under which, state selfishness and state pride, now calledstate rights, predominated over the great and general interests of the Union; and the weaker members were neglected, having no superintending, supreme federal power to give an equal care and protection to every part. Our author distinctly says, that "it was in the western part of the United States that the inefficacy of the power of Congress was most complained of." The present strength and prosperity of the west, are the fruits of our "more perfect union," and the wisdom and gratitude of the west will forever make it the friend and support of that Union.
We are now introduced to the Baron de Carondelet, a name which afterwards became conspicuous in the History of Louisiana, and familiar to the citizens of the United States. He was appointed governor of the province, and entered upon his duties in 1792. "The sympathies and partialities of the people of Louisiana began to manifest themselves strongly in favour of the French patriots, principally in New-Orleans." The Baron thought it to be his duty, especially as he was a native of France, "to restrain excesses against monarchical government." He began by stopping "the exhibition of certain martial dances and revolutionary airs" at the theatre. He afterwards thought it necessary to adopt stronger measures to suppress the growing inclination to popular doctrines, and betook himself to thecustom of the country, the New-Orleanscommon law, or rather thelaw of its governors,to ship off the obnoxious persons, without any form of trial or condemnation. He caused six individuals to be arrested and confined in the fort, and soon afterwards, "shipped them for Havana, where they were detained a twelve month." This may be a very pretty military mode of getting rid of disagreeable or troublesome people—the summary arrest—the fort—the ship and banishment; but we cannot reconcile it to our notions of liberty and law.
We pass over, as matters well known, the plans ofGenetat this period, and the proceedings of the Baron to defeat them.—The Baron also followed up, with great perseverance, "his favourite plan for the separation of the western people from the Union," and he continued to do so, subsequent to the ratification of the treaty between the United States and Spain. The report made byPower, the Baron's agent, of the dispositions of the western people, was altogether unpropitious to his design. He, however, delayed the delivery of the posts, to which the United States were entitled, under various pretences; still having the separation in view. His proceedings to effect this object are detailed, and will be read with interest. It is needless to say, that no ray of success shone upon his enterprise. Power, the active agent of the mischief, came very near to be tarred and feathered at Louisville, and was afterwards arrested by General Wilkinson, at Detroit. The Baron must have opened his eyes in astonishment at his egregious miscalculation of the dispositions of the West, when Wilkinson informed him, "that the people of Kentucky had proposed to him to raise an army of ten thousand men to take New-Orleans in case of a rupture with Spain."
Our author gives a concise account of the cession of Louisiana by Spain to France, and again by France to the United States. The negotiator by whom the latter transfer was conducted, on the part of France, was M. Marbois, and his work is the most satisfactory authority for the curious details of that extraordinary proceeding. The general character of the transaction, and the terms of purchase, are sufficiently known; but M. Marbois lets us into some of the secrets of the negotiation, and of the reasons which induced the first consul to part with this valuable territory as soon as he had acquired it. We will be brief with them.
The cession of Louisiana by France to Spain in 1763, was not only, as we have seen, a cause of violent discontent to the inhabitants of that province, but was considered in all the maritime and commercial cities of France, as impolitic and injurious; and a general wish prevailed to recover the colony. This did not escape Bonaparte, who did not delay to renew with the court of Madrid, a negotiation on the subject; having also in view a diminution of the power of England, which was never out of his mind. Profiting by the ascendancy he acquired by the victoryof Marengo, he easily persuaded the Prince of Peace to restore Louisiana to France. This was done by a treaty made in October 1800. It was stipulated that the surrender should be made six months after. The treaty of 21st March 1801, renews these dispositions; but Louisiana continued for some time longer under the dominion of Spain. The differences between the United States and the French republic were terminated by a convention at Paris, on 30th of September 1800; and on the next day the treaty above mentioned with Spain was concluded at St. Ildephonso. As the war between France and England still continued, the cession of Louisiana to France was not made public; nor was possession taken. This difficulty was not removed for some time. In October 1801, preliminaries of peace were signed at London, followed up by the treaty of Amiens in March 1802. In the following September General Victor was appointed governor general of Louisiana; and Laussat the prefect sailed for New-Orleans in January.
The retrocession of the province to France created much uneasiness and alarm in the United States. The free navigation of the Mississippi became daily of more importance, and it was apprehended that the French would not be found as peaceable neighbours as the Spaniards. Every one remembers the short and uneasy existence of the insincere peace of Amiens. A renewal of the war was seen to be inevitable, and the American cabinet perceived that, in such an event, France would postpone the occupation of Louisiana. This state of things was justly thought to be favourable to an arrangement with France on the subject of the deposit at New-Orleans and the navigation of the river. Mr. Monroe was sent to that country for this purpose, where Mr. Livingston, our minister, had been pursuing it for many months; his overtures received little or no attention. The debates in our senate are not forgotten, on the motion of Mr. Ross; nor the prospect then in view of our taking by force of arms what it was believed would never be gained by treaty. In the spring of 1803, war was clearly inevitable between France and England; and Bonaparte knew that Louisiana, in that event, would be at the mercy of his enemy. He at once determined to change his policy in regard to that province, and to part with it, as the only means of saving it from England. On the 10th of April 1803, he entered upon the execution of his design, and called two counsellors to him, and addressed them "with that vehemence and passion which he particularly manifested in political affairs." He said he knew the full value of Louisiana, and had been desirous of repairing the fault by which it was lost—that "a few lines of a treaty have restored it to me, and I have scarcely recovered it when I must expect to lose it." Looking to the strength it would give to the United States, he said:"But if it escapes from me, it shall one day cost dearer to those who oblige me to strip myself of it, than to those to whom I wish to deliver it." After some remarks upon the naval strength in the Gulf of Mexico, and the ease with which they might take Louisiana, he added;—
"I think of ceding it to the United States. I can scarcely say that I cede it to them, for it is not yet in our possession. If, however, I leave the least time to our enemies, I shall only transmit an empty title to those republicans whose friendship I seek. They only ask of me one town in Louisiana, but I already consider the colony as entirely lost, and it appears to me that in the hands of this growing power, it will be more useful to the policy and even to the commerce of France, than if I should attempt to keep it."
"I think of ceding it to the United States. I can scarcely say that I cede it to them, for it is not yet in our possession. If, however, I leave the least time to our enemies, I shall only transmit an empty title to those republicans whose friendship I seek. They only ask of me one town in Louisiana, but I already consider the colony as entirely lost, and it appears to me that in the hands of this growing power, it will be more useful to the policy and even to the commerce of France, than if I should attempt to keep it."
The counsellors differed in their opinions, diametrically, each giving his reasons at large. The first consul decided the question immediately; he promptly declared, that
"Irresolution and deliberation are no longer in season. I renounce Louisiana. It is not only New-Orleans that I will cede, it is the whole colony without any reservation. I know the price of what I abandon, and I have sufficiently proved the importance that I attach to this province, since my first diplomatic act with Spain had for its object the recovery of it. I renounce it with the greatest regret. To attempt obstinately to retain it would be folly. I direct you to negotiate this affair with the envoys of the United States. Do not even await the arrival of Mr. Monroe: have an interview this very day with Mr. Livingston."
"Irresolution and deliberation are no longer in season. I renounce Louisiana. It is not only New-Orleans that I will cede, it is the whole colony without any reservation. I know the price of what I abandon, and I have sufficiently proved the importance that I attach to this province, since my first diplomatic act with Spain had for its object the recovery of it. I renounce it with the greatest regret. To attempt obstinately to retain it would be folly. I direct you to negotiate this affair with the envoys of the United States. Do not even await the arrival of Mr. Monroe: have an interview this very day with Mr. Livingston."
We hope and believe that one of the predictions of this luminous mind will not be fulfilled, although we have lately seen some appearances of its accomplishment.
"Perhaps it will also be objected to me, that the Americans may be found too powerful for Europe in two or three centuries: but my foresight does not embrace such remote fears. Besides, we may hereafter expect rivalries among the members of the Union. The confederations, that are called perpetual, only last till one of the contracting parties finds it to its interest to break them, and it is to prevent the danger, to which the colossal power of England exposes us, that I would provide a remedy."
"Perhaps it will also be objected to me, that the Americans may be found too powerful for Europe in two or three centuries: but my foresight does not embrace such remote fears. Besides, we may hereafter expect rivalries among the members of the Union. The confederations, that are called perpetual, only last till one of the contracting parties finds it to its interest to break them, and it is to prevent the danger, to which the colossal power of England exposes us, that I would provide a remedy."
"The conferences began the same day between Mr. Livingston and M. Barbé Marbois, to whom the first consul confided the negotiation." Pending the preliminary discussions, Mr. Monroe arrived at Paris; but even then Mr. Livingston despaired of success, and said to Mr. Monroe, "I wish that the resolution offered by Mr. Ross in the senate had been adopted. Only force can give us New-Orleans; we must employ force; let us first get possession of the country and negotiate afterwards." Mr. Livingston, however, was happily mistaken. "The first difficulties," says M. Marbois, "were smoothed by a circumstance which is rarely met with in congresses and diplomatic conferences. The plenipotentiaries having been long acquainted, were disposed to treat each other with confidence." The negotiation, under such auspices, proceeded rapidly, but not without some distrust on our part.
"Mr. Monroe, still affected by the distrust of his colleague, did not hear without surprise the first overtures that were frankly made by M. de Marbois.Instead of the cession of a town and its inconsiderable territory, a vast portion of America was in some sort offered to the United States. They only asked for the mere right of navigating the Mississippi, and their sovereignty was about to be extended over the largest rivers of the world. They passed over an interior frontier to carry their limits to the great Pacific ocean."
"Mr. Monroe, still affected by the distrust of his colleague, did not hear without surprise the first overtures that were frankly made by M. de Marbois.Instead of the cession of a town and its inconsiderable territory, a vast portion of America was in some sort offered to the United States. They only asked for the mere right of navigating the Mississippi, and their sovereignty was about to be extended over the largest rivers of the world. They passed over an interior frontier to carry their limits to the great Pacific ocean."
The termination of this important negotiation was as speedy and satisfactory, as it has been and will be important in its consequences. M. Marbois truly observes, "the cession of Louisiana was a certain guarantee of the future greatness of the United States; and opposed an insurmountable obstacle to any design formed by the English of becoming predominant in America." In relation to the stipulations in the treaty, that the inhabitants should be incorporated in the Union, and, in due time, be admitted as a state, &c. M. Marbois records.
"The first consul, left to his natural disposition, was always inclined to an elevated and generous justice. He himself prepared the article which has been just recited. The words which he employed on the occasion are recorded in the journal of the negotiation, and deserve to be preserved. 'Let the Louisianians know that we separate ourselves from them with regret; that we stipulate in their favour every thing that they can desire, and let them hereafter, happy in their independence, recollect that they have been Frenchmen, and that France, in ceding them, has secured for them advantages which they could not have obtained from a European power, however paternal it might have been. Let them retain for us sentiments of affection; and may their common origin, descent, language, and customs, perpetuate the friendship.'"
"The first consul, left to his natural disposition, was always inclined to an elevated and generous justice. He himself prepared the article which has been just recited. The words which he employed on the occasion are recorded in the journal of the negotiation, and deserve to be preserved. 'Let the Louisianians know that we separate ourselves from them with regret; that we stipulate in their favour every thing that they can desire, and let them hereafter, happy in their independence, recollect that they have been Frenchmen, and that France, in ceding them, has secured for them advantages which they could not have obtained from a European power, however paternal it might have been. Let them retain for us sentiments of affection; and may their common origin, descent, language, and customs, perpetuate the friendship.'"
The arrangement being completed, M. Marbois says—"the following words sufficiently acquaint us with the reflections which then influenced the first consul. This accession of territory, said he, strengthens forever the power of the United States, and I have just given to England a maritime rival, that will sooner or later humble her pride."
We return to the History of Judge Martin, who describes the ceremonies of delivering the colony to the United States. Some citizens of the United States waved their hats, but "no emotion was manifested by any other part of the crowd. The colonists did not appear conscious that they were reaching theLatium sedes ubi fata quietas ostendunt."
We pass on to the year 1806, when the celebrated plot of Aaron Burr is introduced. The president had received information of it, but not at first with such certainty as warranted any steps to be taken against the accused. General Wilkinson, then commanding in the west, afterwards made communications to the president, "involving men distinguished for integrity and patriotism; men of talents, honoured by the confidence of the government, in the flagitious plot." The designs of Burr and his associates were fully developed on his trial, and we need not repeat them here; but the proceedings of General Wilkinson are not so generally understood, and it is well that they should be. Nobody can be better qualified than our historian to give the information,nor to obtain implicit belief of all he narrates. We shall here see again that the old practice ofshipping offobnoxious individuals was resorted to by a military commander; as if there was something in the climate of New-Orleans to excite men in power to this mode of punishment or revenge. We cannot present these transactions better than in the language of our author.
"On Sunday, the fourteenth, Dr. Erick Bollman was arrested by order of Wilkinson, and hurried to a secret place of confinement, and on the evening of the following day application was made on his behalf, for a writ of habeas corpus, to Sprigg, one of the territorial judges, who declined acting, till he could consult Mathews, who could not then be found. On the sixteenth, the writ was obtained from the superior court; but Bollman was, in the meanwhile, put on board of a vessel and sent down the river. On the same day, application was made to Workman, the judge of the county of Orleans, for a writ of habeas corpus, in favour of Ogden and Swartwout, who had been arrested a few days before, by order of Wilkinson, at Fort Adams, and were on board of a bomb ketch of the United States lying before the city. Workman immediately granted the writ, and called on Claiborne to inquire whether he had assented to Wilkinson's proceedings: Claiborne replied he had consented to the arrest of Bollman, and his mind was not made up as to the propriety of that of Ogden and Swartwout. Workman then expatiated on the illegality and evil tendency of such measures, beseeching Claiborne not to permit them, but to use his own authority, as the constitutional guardian of his fellow-citizens, to protect them; but he was answered that the executive had no authority to liberate those persons, and it was for the judiciary to do it, if they thought fit. Workman added, that he had heard that Wilkinson intended to ship off his prisoners, and if this was permitted, writs of habeas corpus would prove nugatory."From the alarm and terror prevalent in the city, the deputy sheriff could procure no boat to take him on board of the ketch, on the day the writ issued. This circumstance was made known early on the next morning, to Workman, who thereupon directed the deputy sheriff to procure a boat by the offer of a considerable sum of money, for the payment of which he undertook the county would be responsible. The writ was served soon afterwards, and returned at five in the evening by Commodore Shaw, and the commanding officer of the ketch, Lieutenant Jones; Swartwout had been taken from the ketch before the service of the writ. Ogden was produced and discharged, as his detention was justified on the order of Wilkinson only."On the eighteenth of December, Wilkinson returned the writ of habeas corpus into the superior court, stating that, as commander in chief of the army of the United States, he took on himself all responsibility for the arrest of Erick Bollman, charged with misprison of treason against the government of the United States, and he had adopted measures for his safe delivery to the government of the United States: that it was after several conversations with the governor and one of the judges of the territory, that he had hazarded this step for the national safety, menaced to its basis by a lawless band of traitors, associated under Aaron Burr, whose accomplices were extended from New-York to New-Orleans: that no man held in higher reverence the civil authorities of his country, and it was to maintain and perpetuate the holy attributes of the constitution, against the uplifted arm of violence, that he had interposed the force of arms in a moment of the utmost peril, to seize upon Bollman, as he should upon all others,without regard to standing or station, against whom any proof might arise of a participation in the lawless combination."This return was, afterwards, amended, by an averment that, at the time of the service of the writ, Bollman was not in the possession or power of the person to whom it was addressed."On the following day Ogden was arrested a second time by the commanding officer of a troop of cavalry of the militia of the territory, in the service of theUnited States, by whom Alexander was also taken in custody; on the application of Livingston, Workman issued writs of habeas corpus for both prisoners."Instead of a return, Wilkinson sent a written message to Workman, begging him to accept his return to the superior court, as applicable to the two traitors, who were the subjects of his writs. On this, Livingston procured from the court, a rule that Wilkinson make a further and more explicit return to the writs, or show cause why an attachment should not issue against him."Workman now called again on Claiborne, and repeated his observations, and recommended, that Wilkinson should be opposed by force of arms. He stated, that the violent measures of that officer had produced great discontent, alarm, and agitation, in the public mind; and, unless such proceeding were effectually opposed, all confidence in government would be at an end. He urged Claiborne to revoke the order, by which he had placed the Orleans volunteers under Wilkinson's command, and to call out and arm the rest of the militia force, as soon as possible. He stated it as his opinion, that the army would not oppose the civil power, when constitutionally brought forth, or that, if they did, the governor might soon have men enough to render the opposition ineffectual. He added, that, from the laudable conduct of Commodore Shaw and Lieutenant Jones, respecting Ogden, he not only did not apprehend any resistance to the civil authority from the navy, but thought they might be relied on. Similar representations were made to Claiborne by Hall and Mathews; but they were unavailing."On the twenty-sixth, Wilkinson made a second return to the writ of habeas corpus, stating that the body of neither of the prisoners was in his possession or control. On this, Livingston moved for process of attachment."Workman now made an official communication to Claiborne. He began by observing, that the late extraordinary events, which had taken place within the territory, had led to a circumstance, which authorized the renewal, in a formal manner, of the request he had so frequently urged in conversation, that the executive would make use of the constitutional force placed under his command, to maintain the laws, and protect his fellow-citizens against the unexampled tyranny exercised over them."He added, it was notorious that the commander in chief of the military forces had, by his own authority, arrested several citizens for civil offences, and had avowed on record, that he had adopted measures to send them out of the territory, openly declaring his determination to usurp the functions of the judiciary, by making himself the only judge of the guilt of the persons he suspected, and asserting in the same manner, and as yet without contradiction, that his measures were taken, after several consultations with the governor."He proceeded to state, that writs of habeas corpus had been issued from the court of the county of New-Orleans: on one of them, Ogden had been brought up and discharged, but he had been, however, again arrested, by order of the general, together with an officer of the court, who had aided professionally in procuring his release. The general had, in his return to a subsequent writ, issued on his behalf, referred the court to a return made by him to a former writ of the superior court, and in the further return which he had been ordered to make, he had declared that neither of the prisoners was in his power, possession, or custody; but he had not averred what was requisite, in order to exempt him from the penalty of a contempt of court, that these persons were not in his power, possession, or custody, at the time when the writs were served, and, in consequence of the deficiency, the court had been moved for an attachment."The judge remarked, that although a common case would not require the step he was taking, yet, he deemed it his duty, before any decisive measure was pursued against a man, who had all the regular force, and in pursuance of the governor's public orders, a great part of that of the territory, at his disposal, to ask whether the executive had the ability to enforce the decrees of the court of the county, and if he had, whether he would deem it expedient to do it, in the present instance, or whether the allegation by which he supported these violent measures was well founded?"Not only the conduct and power of Wilkinson, said the judge, but various other circumstances, peculiar to our present situation, the alarm excited in thepublic mind, the description and character of a large part of the population of the country, might render it dangerous, in the highest degree, to adopt the measure usual in ordinary cases, of calling to the aid of the sheriff, theposse comitatus, unless it were done with the assurance of being supported by the governor in an efficient manner."The letter concluded by requesting a precise and speedy answer to the preceding inquiries, and an assurance that, if certain of the governor's support, the judge should forthwith punish, as the law directs, the contempt offered to his court: on the other hand, should the governor not think it practicable or proper to afford his aid, the court and its officers would no longer remain exposed to the contempt or insults of a man, whom they were unable to punish or resist."The legislature met on the twelfth of January. Two days after, General Adair arrived in the city, from Tennessee, and reported he had left Burr at Nashville, on the twenty-second of December, with two flat boats, destined for New-Orleans. In the afternoon of the day of Adair's arrival, the hotel at which he had stopped was invested by one hundred and twenty men, under Lieutenant Colonel Kingsbury, accompanied by one of Wilkinson's aids. Adair was dragged from the dining table, and conducted to head quarters, where he was put in confinement. They beat to arms through the streets; the battalion of the volunteers of Orleans, and a part of the regular troops, paraded through the city, and Workman, Kerr, and Bradford, were arrested and confined. Wilkinson ordered the latter to be released, and the two former were liberated on the following day, on a writ of habeas corpus, issued by the district judge of the United States. Adair was secreted until an opportunity offered to ship him away."
"On Sunday, the fourteenth, Dr. Erick Bollman was arrested by order of Wilkinson, and hurried to a secret place of confinement, and on the evening of the following day application was made on his behalf, for a writ of habeas corpus, to Sprigg, one of the territorial judges, who declined acting, till he could consult Mathews, who could not then be found. On the sixteenth, the writ was obtained from the superior court; but Bollman was, in the meanwhile, put on board of a vessel and sent down the river. On the same day, application was made to Workman, the judge of the county of Orleans, for a writ of habeas corpus, in favour of Ogden and Swartwout, who had been arrested a few days before, by order of Wilkinson, at Fort Adams, and were on board of a bomb ketch of the United States lying before the city. Workman immediately granted the writ, and called on Claiborne to inquire whether he had assented to Wilkinson's proceedings: Claiborne replied he had consented to the arrest of Bollman, and his mind was not made up as to the propriety of that of Ogden and Swartwout. Workman then expatiated on the illegality and evil tendency of such measures, beseeching Claiborne not to permit them, but to use his own authority, as the constitutional guardian of his fellow-citizens, to protect them; but he was answered that the executive had no authority to liberate those persons, and it was for the judiciary to do it, if they thought fit. Workman added, that he had heard that Wilkinson intended to ship off his prisoners, and if this was permitted, writs of habeas corpus would prove nugatory.
"From the alarm and terror prevalent in the city, the deputy sheriff could procure no boat to take him on board of the ketch, on the day the writ issued. This circumstance was made known early on the next morning, to Workman, who thereupon directed the deputy sheriff to procure a boat by the offer of a considerable sum of money, for the payment of which he undertook the county would be responsible. The writ was served soon afterwards, and returned at five in the evening by Commodore Shaw, and the commanding officer of the ketch, Lieutenant Jones; Swartwout had been taken from the ketch before the service of the writ. Ogden was produced and discharged, as his detention was justified on the order of Wilkinson only.
"On the eighteenth of December, Wilkinson returned the writ of habeas corpus into the superior court, stating that, as commander in chief of the army of the United States, he took on himself all responsibility for the arrest of Erick Bollman, charged with misprison of treason against the government of the United States, and he had adopted measures for his safe delivery to the government of the United States: that it was after several conversations with the governor and one of the judges of the territory, that he had hazarded this step for the national safety, menaced to its basis by a lawless band of traitors, associated under Aaron Burr, whose accomplices were extended from New-York to New-Orleans: that no man held in higher reverence the civil authorities of his country, and it was to maintain and perpetuate the holy attributes of the constitution, against the uplifted arm of violence, that he had interposed the force of arms in a moment of the utmost peril, to seize upon Bollman, as he should upon all others,without regard to standing or station, against whom any proof might arise of a participation in the lawless combination.
"This return was, afterwards, amended, by an averment that, at the time of the service of the writ, Bollman was not in the possession or power of the person to whom it was addressed.
"On the following day Ogden was arrested a second time by the commanding officer of a troop of cavalry of the militia of the territory, in the service of theUnited States, by whom Alexander was also taken in custody; on the application of Livingston, Workman issued writs of habeas corpus for both prisoners.
"Instead of a return, Wilkinson sent a written message to Workman, begging him to accept his return to the superior court, as applicable to the two traitors, who were the subjects of his writs. On this, Livingston procured from the court, a rule that Wilkinson make a further and more explicit return to the writs, or show cause why an attachment should not issue against him.
"Workman now called again on Claiborne, and repeated his observations, and recommended, that Wilkinson should be opposed by force of arms. He stated, that the violent measures of that officer had produced great discontent, alarm, and agitation, in the public mind; and, unless such proceeding were effectually opposed, all confidence in government would be at an end. He urged Claiborne to revoke the order, by which he had placed the Orleans volunteers under Wilkinson's command, and to call out and arm the rest of the militia force, as soon as possible. He stated it as his opinion, that the army would not oppose the civil power, when constitutionally brought forth, or that, if they did, the governor might soon have men enough to render the opposition ineffectual. He added, that, from the laudable conduct of Commodore Shaw and Lieutenant Jones, respecting Ogden, he not only did not apprehend any resistance to the civil authority from the navy, but thought they might be relied on. Similar representations were made to Claiborne by Hall and Mathews; but they were unavailing.
"On the twenty-sixth, Wilkinson made a second return to the writ of habeas corpus, stating that the body of neither of the prisoners was in his possession or control. On this, Livingston moved for process of attachment.
"Workman now made an official communication to Claiborne. He began by observing, that the late extraordinary events, which had taken place within the territory, had led to a circumstance, which authorized the renewal, in a formal manner, of the request he had so frequently urged in conversation, that the executive would make use of the constitutional force placed under his command, to maintain the laws, and protect his fellow-citizens against the unexampled tyranny exercised over them.
"He added, it was notorious that the commander in chief of the military forces had, by his own authority, arrested several citizens for civil offences, and had avowed on record, that he had adopted measures to send them out of the territory, openly declaring his determination to usurp the functions of the judiciary, by making himself the only judge of the guilt of the persons he suspected, and asserting in the same manner, and as yet without contradiction, that his measures were taken, after several consultations with the governor.
"He proceeded to state, that writs of habeas corpus had been issued from the court of the county of New-Orleans: on one of them, Ogden had been brought up and discharged, but he had been, however, again arrested, by order of the general, together with an officer of the court, who had aided professionally in procuring his release. The general had, in his return to a subsequent writ, issued on his behalf, referred the court to a return made by him to a former writ of the superior court, and in the further return which he had been ordered to make, he had declared that neither of the prisoners was in his power, possession, or custody; but he had not averred what was requisite, in order to exempt him from the penalty of a contempt of court, that these persons were not in his power, possession, or custody, at the time when the writs were served, and, in consequence of the deficiency, the court had been moved for an attachment.
"The judge remarked, that although a common case would not require the step he was taking, yet, he deemed it his duty, before any decisive measure was pursued against a man, who had all the regular force, and in pursuance of the governor's public orders, a great part of that of the territory, at his disposal, to ask whether the executive had the ability to enforce the decrees of the court of the county, and if he had, whether he would deem it expedient to do it, in the present instance, or whether the allegation by which he supported these violent measures was well founded?
"Not only the conduct and power of Wilkinson, said the judge, but various other circumstances, peculiar to our present situation, the alarm excited in thepublic mind, the description and character of a large part of the population of the country, might render it dangerous, in the highest degree, to adopt the measure usual in ordinary cases, of calling to the aid of the sheriff, theposse comitatus, unless it were done with the assurance of being supported by the governor in an efficient manner.
"The letter concluded by requesting a precise and speedy answer to the preceding inquiries, and an assurance that, if certain of the governor's support, the judge should forthwith punish, as the law directs, the contempt offered to his court: on the other hand, should the governor not think it practicable or proper to afford his aid, the court and its officers would no longer remain exposed to the contempt or insults of a man, whom they were unable to punish or resist.
"The legislature met on the twelfth of January. Two days after, General Adair arrived in the city, from Tennessee, and reported he had left Burr at Nashville, on the twenty-second of December, with two flat boats, destined for New-Orleans. In the afternoon of the day of Adair's arrival, the hotel at which he had stopped was invested by one hundred and twenty men, under Lieutenant Colonel Kingsbury, accompanied by one of Wilkinson's aids. Adair was dragged from the dining table, and conducted to head quarters, where he was put in confinement. They beat to arms through the streets; the battalion of the volunteers of Orleans, and a part of the regular troops, paraded through the city, and Workman, Kerr, and Bradford, were arrested and confined. Wilkinson ordered the latter to be released, and the two former were liberated on the following day, on a writ of habeas corpus, issued by the district judge of the United States. Adair was secreted until an opportunity offered to ship him away."
We approach a very interesting portion of our history, in which certain transactions are detailed, with great precision, for some of which General Jackson has obtained, and deserved, a brilliant crown of military glory, and for others has been visited with deep and indignant reproaches; whether justly or not, the reader will decide by the facts of the case.
On the 2d of December 1814, General Jackson reached New-Orleans; and on the next day commenced his operations to put the city in a state of defence against the attack expected to be made upon it. A large naval force of the enemy was off the port of Pensacola; and it was understood that New-Orleans was their object. The force in New-Orleans consisted of seven hundred men of the United States regiments; one thousand state militia, and some sailors and marines. Reinforcements from Tennessee and Kentucky were looked for. It is not to our purpose, and must be unnecessary, to recapitulate all the interesting occurrences which took place at this alarming crisis; all evincing the gallantry and patriotism of our countrymen. In this early stage of the contest, our author, with great warmth and strong testimony, asserts the unshaken fidelity and active efficient attachment of the people of New-Orleans to the government of the United States, and repels with an honest indignation the charges of disaffection and treason which were on various occasions made upon them, to justify the tyrannical violence of certain proceedings against them. He says, "although the population of New-Orleans was composed of individuals of different nations, it was as patriotic as that of any city in the Union."We believe him most sincerely; and who does not? Can any just and candid man doubt it after a sober perusal of his details, having a particular relation to this question? To suppose that they had any sympathies with the invading foe; any treasonable correspondence with them; any desire for their success; is to calumniate a people as deeply and dearly interested in our independence, as devotedly attached to our institutions, as any portion of the republic. We therefore not only excuse, but applaud, the feelings of resentment with which Judge Martin, himself one of the people of Louisiana, and honoured by her confidence, meets every assertion and insinuation of treachery or disaffection cast upon her. He assures us, that "Claiborne (the governor) was sincerely attached to the government of his country, and the legislature was prepared to call forth and place at Jackson's disposal, all the resources of the state." Again he says, "If some, in the beginning, doubted whether General Jackson's military experience had been of a kind to fit him for this service, his conduct very soon dispelled the doubt."
"The want of an able military chief was sensibly felt, and notwithstanding any division of sentiment on any other subject, the inclination was universal to support Jackson, and he had been hailed on his arrival by all. There were some, indeed, who conceived that the crisis demanded a general of some experience in ordinary warfare; that one whose military career had begun with the current year, and who had never met with any but an Indian force, was ill calculated to meet the warlike enemy who threatened; but all were willing to make a virtue of necessity, and to take their wishes for their opinions, and manifested an unbounded confidence in him. All united in demonstrations of respect and reliance, and every one was ready to give him his support. His immediate and incessant attention to the defence of the country, the care he took to visit every vulnerable point, his unremitted vigilance, and the strict discipline enforced, soon convinced all that he was the man the occasion demanded."
"The want of an able military chief was sensibly felt, and notwithstanding any division of sentiment on any other subject, the inclination was universal to support Jackson, and he had been hailed on his arrival by all. There were some, indeed, who conceived that the crisis demanded a general of some experience in ordinary warfare; that one whose military career had begun with the current year, and who had never met with any but an Indian force, was ill calculated to meet the warlike enemy who threatened; but all were willing to make a virtue of necessity, and to take their wishes for their opinions, and manifested an unbounded confidence in him. All united in demonstrations of respect and reliance, and every one was ready to give him his support. His immediate and incessant attention to the defence of the country, the care he took to visit every vulnerable point, his unremitted vigilance, and the strict discipline enforced, soon convinced all that he was the man the occasion demanded."
The general had, however, imbibed strong prejudices against the inhabitants of the city,infused into him by bad advisers who surrounded him.
"Unfortunately he had been surrounded, from the moment of his arrival, by persons from the ranks of the opposition to Claiborne, Hall, and the state government, and it was soon discovered that he had become impressed with the idea, that a great part of the population of Louisiana was disaffected, and the city full of traitors and spies. It appears such were his sentiments as early as the 8th of September; for in a letter of Claiborne, which he since published, the governor joins in the opinion, and writes to him, 'I think with you, that our country is full of spies and traitors.'"
"Unfortunately he had been surrounded, from the moment of his arrival, by persons from the ranks of the opposition to Claiborne, Hall, and the state government, and it was soon discovered that he had become impressed with the idea, that a great part of the population of Louisiana was disaffected, and the city full of traitors and spies. It appears such were his sentiments as early as the 8th of September; for in a letter of Claiborne, which he since published, the governor joins in the opinion, and writes to him, 'I think with you, that our country is full of spies and traitors.'"
The interest we feel to vindicate the people of Louisiana from the suspicions that were long entertained of their loyalty, and may not be yet wholly eradicated, induces us to trouble our readers with further extracts on this subject.
"The legislature was in session, since the beginning of the preceding month. We have seen that Claiborne, at the opening of the session, had offered them his congratulations on the alacrity with which the call of the United States for a body of militia had been met, which, with the detail of the proceedings of that body, is the best refutation of the charges which have been urged against them.It will show, that in attachment to the Union, in zeal for the defence of the country, in liberality in furnishing the means of it, and in ministering to the wants of their brave fellow-citizens who came down to assist them in repelling the foe, the general assembly of Louisiana does not suffer by a comparison of its conduct with that of any legislative body in the United States. The assertion, that any member of it entertained the silly opinion, that a capitulation, if any became necessary, was to be brought about or effected by the agency of the houses, any more than by that of a court of justice, or the city council of New-Orleans, is absolutely groundless."
"The legislature was in session, since the beginning of the preceding month. We have seen that Claiborne, at the opening of the session, had offered them his congratulations on the alacrity with which the call of the United States for a body of militia had been met, which, with the detail of the proceedings of that body, is the best refutation of the charges which have been urged against them.It will show, that in attachment to the Union, in zeal for the defence of the country, in liberality in furnishing the means of it, and in ministering to the wants of their brave fellow-citizens who came down to assist them in repelling the foe, the general assembly of Louisiana does not suffer by a comparison of its conduct with that of any legislative body in the United States. The assertion, that any member of it entertained the silly opinion, that a capitulation, if any became necessary, was to be brought about or effected by the agency of the houses, any more than by that of a court of justice, or the city council of New-Orleans, is absolutely groundless."
A proposition was made by the governor to the legislature, to suspend the writ of habeas corpus, in order that men might be pressed for the service, particularly naval, of the United States: the legislature knew it to be a dangerous measure, and thought it unnecessary.
"Coming from every part of the state, the representatives had witnessed the universal alacrity with which Jackson's requisitions for a quota of the militia of the state had been complied with; they knew their constituents could be depended on; they knew that Jackson, Claiborne, and many of the military, were incessantly talking of sedition, disaffection, and treason; but better acquainted with the people of Louisiana, than those who were vociferating against it, they were conscious, that no state was more free from sedition, disaffection, and treason, than their own; they thought the state should not outlaw her citizens, when they were rushing to repel the enemy. They dreaded the return of those days, when Wilkinson filled New-Orleans with terror and dismay, arresting and transporting whom he pleased. They recollected that in 1806 Jefferson had made application to congress for a suspension of the writ ofhabeas corpus, but that the recommendation of the president was not deemed sufficient to induce the legislature of the Union to suspend it: that of Claiborne, as far as it concerned Jackson, was not therefore acted on. The members had determined not to adjourn during the invasion, and thought they would suspend the writ when they deemed the times required it, but not till then."
"Coming from every part of the state, the representatives had witnessed the universal alacrity with which Jackson's requisitions for a quota of the militia of the state had been complied with; they knew their constituents could be depended on; they knew that Jackson, Claiborne, and many of the military, were incessantly talking of sedition, disaffection, and treason; but better acquainted with the people of Louisiana, than those who were vociferating against it, they were conscious, that no state was more free from sedition, disaffection, and treason, than their own; they thought the state should not outlaw her citizens, when they were rushing to repel the enemy. They dreaded the return of those days, when Wilkinson filled New-Orleans with terror and dismay, arresting and transporting whom he pleased. They recollected that in 1806 Jefferson had made application to congress for a suspension of the writ ofhabeas corpus, but that the recommendation of the president was not deemed sufficient to induce the legislature of the Union to suspend it: that of Claiborne, as far as it concerned Jackson, was not therefore acted on. The members had determined not to adjourn during the invasion, and thought they would suspend the writ when they deemed the times required it, but not till then."
That the refusal to put an uncontrouled power over the persons of the citizens, to withdraw from them the protection of the law, did not proceed from an unwillingness to obtain for the service the force required, is made manifest by the substitute adopted. "A sum of five thousand dollars was placed at the disposal of the commodore, to be expended in bounties; and, to remove the opportunity of seamen being tempted to decline entering the service of the United States, by the hope of employment on board of merchant vessels, an embargo was passed."
The general does not seem to have been satisfied with the reasons of the legislature for denying the power he desired, nor with their substitute for it.
"The suspension of the writ ofhabeas corpus, and adjournment of the houses, were measures which Jackson anxiously desired. There was a great inclination in the members of both houses to gratify him, in every instance in which they could do it with safety: in these two only, they were of opinion it would be unsafe to adopt his views."
"The suspension of the writ ofhabeas corpus, and adjournment of the houses, were measures which Jackson anxiously desired. There was a great inclination in the members of both houses to gratify him, in every instance in which they could do it with safety: in these two only, they were of opinion it would be unsafe to adopt his views."
General Carroll, with a brigade of Tennessee militia, arrived on the 19th, and the legislature were indefatigable in preparing for the expected attack.
"At this period the forces at New-Orleans amounted to between six and seven thousand men. Every individual exempted from militia duty on account ofage, had joined one of the companies of veterans, which had been formed for the preservation of order. Every class of society was animated with the most ardent zeal; the young, the old, women, children, all breathed defiance to the enemy, firmly disposed to oppose to the utmost the threatened invasion. There were in the city a very great number of French subjects, who from their national character could not have been compelled to perform military duty; these men, however, with hardly any exception, volunteered their services. The Chevalier Tousard, the Consul of France, who had distinguished himself, and had lost an arm in the service of the United States, during the revolutionary war, lamenting that the neutrality of his nation did not allow him to lead his countrymen in New-Orleans to the field, encouraged them to flock to Jackson's standard. The people were preparing for battle as cheerfully as if for a party of pleasure: the streets resounded with martial airs: the several corps of militia were constantly exercising, from morning to night: every bosom glowed with the feelings of national honour: every thing showed nothing was to be apprehended from disaffection, disloyalty, or treason."
"At this period the forces at New-Orleans amounted to between six and seven thousand men. Every individual exempted from militia duty on account ofage, had joined one of the companies of veterans, which had been formed for the preservation of order. Every class of society was animated with the most ardent zeal; the young, the old, women, children, all breathed defiance to the enemy, firmly disposed to oppose to the utmost the threatened invasion. There were in the city a very great number of French subjects, who from their national character could not have been compelled to perform military duty; these men, however, with hardly any exception, volunteered their services. The Chevalier Tousard, the Consul of France, who had distinguished himself, and had lost an arm in the service of the United States, during the revolutionary war, lamenting that the neutrality of his nation did not allow him to lead his countrymen in New-Orleans to the field, encouraged them to flock to Jackson's standard. The people were preparing for battle as cheerfully as if for a party of pleasure: the streets resounded with martial airs: the several corps of militia were constantly exercising, from morning to night: every bosom glowed with the feelings of national honour: every thing showed nothing was to be apprehended from disaffection, disloyalty, or treason."
On the 21st, the enemy landed with a strong force, and a proud one, confident of an easy victory. They looked upon all the wealth and comforts of New-Orleans as already their own. The battle that shortly after ensued,sought for and wonby the Americans, can never be forgotten. The promptitude, decision, and skill, with which General Jackson took his measures; the bravery with which they were executed; and the glorious success which crowned the bold attack upon an enemy greatly superior in numbers, discipline, and experience, will be ranked among the most gallant achievements of military history. Our author assures us that the invading army "had a force of very near five thousand men; that which opposed him was not above two thousand." Preparations against the grand attack upon the city continued with unceasing vigilance and labour. The members of the legislature—the suspected legislature—old and young, joined some of the military corps; but lest their legislative aid might also be required, they continued their sessions; when a most extraordinary proceeding occurred.
"Every day, towards noon, three or four of the members of each house, who served among the veterans or on the committees, attended in their respective halls to effect an adjournment, in order that, if any circumstance rendered the aid of the legislature necessary, it might be instantly afforded. On going for this purpose to the government house, Skipwith, the speaker of the senate, and two of its members, found a sentinel on the staircase, who, presenting his bayonet, forbade them to enter the senate chamber. They quietly retired, and proceeded to the hall of the sessions of the city council, where an adjournment took place. The members of the other house, who attended for the same purpose, were likewise prevented from entering its hall, and acted like those of the senate."
"Every day, towards noon, three or four of the members of each house, who served among the veterans or on the committees, attended in their respective halls to effect an adjournment, in order that, if any circumstance rendered the aid of the legislature necessary, it might be instantly afforded. On going for this purpose to the government house, Skipwith, the speaker of the senate, and two of its members, found a sentinel on the staircase, who, presenting his bayonet, forbade them to enter the senate chamber. They quietly retired, and proceeded to the hall of the sessions of the city council, where an adjournment took place. The members of the other house, who attended for the same purpose, were likewise prevented from entering its hall, and acted like those of the senate."
A committee was appointed to wait upon the general, and inquire into the reasons of these violent measures against the legislature. The general gave his reasons, which, in short, were, that he had received information "that the assembly were about to give up the country to the enemy." The author goes into a full examination of this charge; and the refutation of it is entirely satisfactory.
The spirit of defence even entered the walls of the prisons.
"A number of debtors, who had taken the benefit of the acts establishing the prison bounds, were anxious to join in the defence of the city, but were apprehensive of exposing their sureties. On this being represented to the legislature, an act was passed, extending the prison bounds, until the first of May following, so as to include Jackson's line."
"A number of debtors, who had taken the benefit of the acts establishing the prison bounds, were anxious to join in the defence of the city, but were apprehensive of exposing their sureties. On this being represented to the legislature, an act was passed, extending the prison bounds, until the first of May following, so as to include Jackson's line."
The last effort of the invader was made by the battle of the 8th of January, and is described in our book with much effect. Long may it be read and remembered with an unextinguishable glow of pride and patriotism! The contest was ended; the foe hastily abandoned our shores, on which they left nothing but memorials of their defeat and shame, in the melancholy monuments of their slaughtered companions. Our author concludes his narrative of these eventful days, with an eloquent tribute to the general, by whose indefatigable activity and fearless gallantry a rich and populous city was saved.
"If the vigilance, the activity, and the intrepidity of the general had been conspicuous during the whole period of the invasion, his prudence, moderation, and self-denial, on the departure of the enemy, deserves no less commendation and admiration. An opportunity was then presented to him of acquiring laurels by a pursuit, which few, elated as he must have been by success, could have resisted. But, he nobly reflected that those who fled from him were mercenaries—those who surrounded his standard, his fellow-citizens, almost universally fathers of families;—sound policy, to use his own expressions, neither required nor authorized him to expose the lives of his companions in arms, in a useless conflict. He thought the lives of ten British soldiers would not requite the loss of one of his men. He had not saved New-Orleans to sacrifice its inhabitants."
"If the vigilance, the activity, and the intrepidity of the general had been conspicuous during the whole period of the invasion, his prudence, moderation, and self-denial, on the departure of the enemy, deserves no less commendation and admiration. An opportunity was then presented to him of acquiring laurels by a pursuit, which few, elated as he must have been by success, could have resisted. But, he nobly reflected that those who fled from him were mercenaries—those who surrounded his standard, his fellow-citizens, almost universally fathers of families;—sound policy, to use his own expressions, neither required nor authorized him to expose the lives of his companions in arms, in a useless conflict. He thought the lives of ten British soldiers would not requite the loss of one of his men. He had not saved New-Orleans to sacrifice its inhabitants."
On his return to the city, he was greeted with "tears of gratitude"—why were they not perpetual? His cruel suspicions; his unjust accusations of treason and disaffection, were forgotten or forgiven, and no sentiment remained in the hearts of the people of Louisiana, but admiration of his conduct in the day of trial, and gratitude for his services; why was not this perpetual? We shall see.
"By a communication of the 13th of January, from Admiral Cochrane, Jackson was informed that the Admiral had just received a bulletin from Jamaica, (a copy of which was enclosed) proclaiming that a treaty of peace had been signed by the respective plenipotentiaries of Great Britain and the United States, at Ghent, on the 24th of December. The despatch did not arrive till the 21st, by way of Balize; but the intelligence had been brought to the city by one of Jackson's aids, who had returned from the British fleet with a flag of truce." As in canvassing the subsequent proceedings of the General at New-Orleans, his advocates have pretended that he had no information of the peace to which he ought to have trusted, that point must not be overlooked in our inquiries. What was the evidence at this period, that is, on the 21st of January? A communication directly addressed to him, by and under the name of the British Admiral, with every sanction that honour and good faith could give it. This communication,so vouched, was accompanied by a copy of a bulletin which the Admiral declared he had just received from Jamaica, too distant to have been fabricated there for the occasion; and all this was confirmed by the intelligence brought by one of the General's aids from the fleet. Is there any degree of military caution that would have doubted the truth of this information,in the manner and for the purposesfor which the doubts, real or pretended, were used by the General? We will not say that he should, on such intelligence, have exposed himself to an attack from the enemy; that he should have disbanded his army, or thrown by his guards and defence, as if the intelligence had been authentic from his own government; but, assuredly there was that in the information he received, on which a strong reliance might reasonably and safely have been placed; at least enough to have suspended military operationsagainst his own fellow-citizens. He must have imputed fraud, falsehood, and forgery, to an officer, who, although an enemy, was entitled to a more just and respectful consideration. No usage of modern warfare would have justified such practices, and therefore they ought not to have been presumed. With no disposition to "set down aught in malice" against the General, we cannot refrain from saying, that, whatever he may have found it convenient to believe or disbelieve, to justify the extravagance of ungovernable passions inflamed by evil counsellors, in his moments of sober thoughts, if any such happened to him, he could not reject the testimony before him, of the termination of the war. He certainly, at least, thought it worthy to be announced to the people, although he "forewarned them from being thrown into security by hopes that might be delusive." This was a prudent caution, and sufficient. "On the 22d, the gladsome tidings were confirmed, and aGazette of Charlestonwas received, announcing theratification of the Treatyby the Prince Regent." We assume then, that on the 22d of January, such intelligence was received of the Peace at New-Orleans, as might, and should have satisfied the most sceptical military caution, of its truth, at least to the extent required for our examination into the General's subsequent conduct.
It seems that a discontent had arisen, which led to serious consequences. TheFrench subjectsresident at New-Orleans, "had flocked round Jackson's standard, determined to leave it with the necessity that called them to it, and not till then." They endured much privation, toil, and danger; their families also were in a state of suffering, to whose relief they were anxious to returnafter the enemy had left the state. A few solicited a discharge; but the General insisted on their being retained. Some then demanded of the French consul, certificates of their national character, which were presented to the General, whocountersigned them, and the bearers were permitted to return home. So many, however, applied for this indulgence, that the General believed that the consul too easily granted his certificates, "and considering a compliance with his duty, as evidence of his adhesion to the enemy, ordered him out of the city."
We now come to a false step, of more importance, made by the General, to which he was led by that which has overthrown many men placed in elevated stations. It has been the misfortune and ruin of great men who were high; and, more frequently so, of high men who were not great;weak and evil counsellors.
"Yielding to the advice of many around him, who were constantly filling his ears with their clamours about the disloyalty, disaffection, and treason of the people of Louisiana, and particularly the state officers and the people of French origin, Jackson, on the last day of February, issued a general order, commanding all French subjects, possessed of a certificate of their national character, subscribed by the consul of France, and countersigned by the commanding general, to retire into the interior, to a distance above Baton Rouge:—a measure, which was stated to have been rendered indispensable by the frequent applications for discharges. The names were directed to be taken of all persons of this description, remaining in the city, after the expiration of three days."Time has shown this to have been a most unfortunate step; and those by whose suggestions it was taken, soon found themselves unable to avert from the general the consequences to which it exposed him. The people against whom it was directed were loyal—many of them had bled, all had toiled and suffered in the defence of the state. Need, in many instances, improvidence in several, had induced the families of these people to part with the furniture of their houses to supply those immediate wants, which the absence of the head of the family occasioned. No exception, no distinction was made. The sympathetic feelings of every class of inhabitants were enlisted in favour of these men; they lacked the means of sustaining themselves on the way, and must have been compelled, on their arrival at Baton Rouge, then a very insignificant village, to throw themselves on the charity of the inhabitants. Another consideration rendered the departure of these men an evil to be dreaded. The apprehension of the return of the enemy was represented, as having had much weight with Jackson in issuing his order. Their past conduct was a sure pledge that, in case of need, their services would again be re-offered; there were among them a number of experienced artillery-men; a description of soldiers, which was not easily to be found among the brave who had come down from Kentucky, or Tennessee, or even in the army of the United States. These considerations induced several respectable citizens to wait on Jackson, for the purpose of endeavouring to induce him to reconsider a determination, which was viewed as productive of flagrant injustice and injury to those against whom it was directed, without any possible advantage, and probably very detrimental, to those for whose benefit it was intended."
"Yielding to the advice of many around him, who were constantly filling his ears with their clamours about the disloyalty, disaffection, and treason of the people of Louisiana, and particularly the state officers and the people of French origin, Jackson, on the last day of February, issued a general order, commanding all French subjects, possessed of a certificate of their national character, subscribed by the consul of France, and countersigned by the commanding general, to retire into the interior, to a distance above Baton Rouge:—a measure, which was stated to have been rendered indispensable by the frequent applications for discharges. The names were directed to be taken of all persons of this description, remaining in the city, after the expiration of three days.
"Time has shown this to have been a most unfortunate step; and those by whose suggestions it was taken, soon found themselves unable to avert from the general the consequences to which it exposed him. The people against whom it was directed were loyal—many of them had bled, all had toiled and suffered in the defence of the state. Need, in many instances, improvidence in several, had induced the families of these people to part with the furniture of their houses to supply those immediate wants, which the absence of the head of the family occasioned. No exception, no distinction was made. The sympathetic feelings of every class of inhabitants were enlisted in favour of these men; they lacked the means of sustaining themselves on the way, and must have been compelled, on their arrival at Baton Rouge, then a very insignificant village, to throw themselves on the charity of the inhabitants. Another consideration rendered the departure of these men an evil to be dreaded. The apprehension of the return of the enemy was represented, as having had much weight with Jackson in issuing his order. Their past conduct was a sure pledge that, in case of need, their services would again be re-offered; there were among them a number of experienced artillery-men; a description of soldiers, which was not easily to be found among the brave who had come down from Kentucky, or Tennessee, or even in the army of the United States. These considerations induced several respectable citizens to wait on Jackson, for the purpose of endeavouring to induce him to reconsider a determination, which was viewed as productive of flagrant injustice and injury to those against whom it was directed, without any possible advantage, and probably very detrimental, to those for whose benefit it was intended."
To quiet and console this distressed and injured people under this wanton decree of military power; this cruel exile; it was recommended to them to submit without resistance to the order.