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REESE LIBRARY

OF THE

UNIVERSITY OF CALIFORNIA.
Class

THE

Mississippi Territorial Archives

1798^1803

EXECUTIVE JOURNALS OF GOVERNOR WINTHROP SARGENT
AND GOVERNOR WILLIAM CHARLES COLE CLAIBORNE

COMPILED AND EDITED BY

DUNBAR ROWIvAND

Director, Mississippi Department of Archives and Hiutory

THE

. Bl r i

VOL. I

NASHVILLE, THNN.:

PRESS OF BRANDON PRINTING COMPANY,

1905.

ffeese

PART I.

Executive Journal of Winthrop Sargent, First

Governor of Mississippi Territory, May

21, 1798 to April 3, 1801.

i 52333

LIST OF LETTERS

Letters Written by Governor Sargent: page

To Adams, President John, dated Mississippi Territory, Jan. 8, 1799. 97
To Adams, President John (private), dated Mississippi Territory,

Jan. 8, 1799 97

To Agents of the United States, Natchez, Feb. 28, 1800 209

To Blank (private), Natchez, Mar. 29, 1799 125

To Binghaman, Adam, The Grove, Dec. 20, 1798 92

To Bruin, Judge P. B., Concord House, Sept. 5, 1798 35

To Bruin, Judge P. B., Natchez, Jan. 3, 1799 95

To Bruin, Judge P. B., The Grove, Jan. 7, 1799... 96

To Bruin, Judge P. B., The Grove, Apr. 8, 1800 219

To Butler, Colonel Thos., Mississippi Territory, Jan. 15, 1799 102

To Clark, Colonel Daniel, Bellemont, June 23, 1799 153

To Clark, Colonel Daniel, Mississippi Territory, July 18, 1799 154

To Clark, Colonel Daniel, Mississippi Territory, Nov. 8, 1799 189

To Clark, Colonel Daniel, The Grove, Mar. 23, 1800.- 216

To Clark, Colonel Daniel, The Grove, Mar. 27, 1800 217

To Clark, Colonel Daniel, The Grove, June 7, 1800 255

To Clark, Colonel Daniel, Bellemont, July 6, 1800 257

To Commandants of Adams and Pickering Counties, Jan. 1, 1800 203

To Cushing, Major Thos. H., Bellemont, July 21, 1799.. 158

To De Lemos, Gov. M. G., Natchez, Sept. 18, 1798. 50

To De Lemos, Gov. M. G., Natchez, Sept. 28, 1798... 51

To De Lemos, Gov. M. G., Natchez, Mar. 14, 1799 113

To De Lemos, Gov. M. G., Natchez, Apr. 15, 1799 137

To De Lemos, Gov. M. G., Natchez, June 13, 1799 153

To Dexter, Samuel, Mississippi Territory, May 14, 1800 233

To Dexter, Samuel, Mississippi Territory, June 1, 1800 237

To Dexter, Samuel, Mississippi Territory, Aug. 10, 1800 266

To Dexter, Samuel, Mississippi Territory, Oct. 1, 1800 288

To Dunbar, Wm, Natchez, Nov. 7, 1798 78

To Dunbar, Wm., Bellemont, Oct. 20, 1800 298

To Ellicott, Andrew, Natchez, Sept. 10, 1798 45

To Ellicott, Andrew, Natchez, Sept. 18, 1798. 49

To Ellicott, Andrew, Natchez, Oct. 24, 1798 73

To Evans, Lewis, Bellemont, Sept. 19, 1799. 169

To Evans, Lewis, Bellemont, Aug. 2, 1800 264

To Evans, Lewis, Bellemont, Aug. 12, 1800 268

To Ferguson, Wm The Grove, Feb. 23, 1799 136

To Ferguson, Wm., The Grove, May 20, 1799 146

To Filhiue, M., Natchez, Dec. 1, 1798 84

To Franchammassatubba, Natchez, Nov. 25, 1799 194

To Girault, John, Mississippi Territory, Oct. 23, 1799 181

To Girault, John, Natchez, Apr. 17, 1800 224

To Girault, John, The Grove, Apr. 27, 1800 229

To Girault, John, The Grove, Jan. 12, 1801 326

To Green, Thomas, Mississippi Territory, July 20, 1799 157

To Grubb, Dr. B., Mississippi Territory, Sept. 20, 1799 175

To Grubb, Dr. B., Mississippi Territory, Mar. 1, 1800 213

To Guion, Captain Isaac, Concord House, Aug. 18, 1798— 29

To Harding, Lyman, The Grove, Apr. 9, 1800 220

To Harding, Lyman, Postscript to, Apr. 11, 1800... 221

To Harding, Lyman, Natchez, Nov. 18 1800 312

LIST OF LETTERS

Letters Written by Governor Sargent — Continued:

To Hawkins, Colonel Benj., Mississippi Territory, Feb. 1, 1799 107

To Heth, Captain John, The Grove, Feb. 23, 1799 136

To Hunter, Henry, The Grove, Oct. 10, 1800 294

To Hunter, Henry, The Grove, Nov. 12, 1800 301

To Tones, Evan, The Grove, Nov. 7, 1799 . . 187

To Jones, Evan, Mississippi Territory, Aug. 1, 1799 161

To Jones, Evan, Natchez, Dec. 14, 1799 197

To Justices of Courts of G. Q. S., Natchez, June 3, 1799 151

To Justices of Adams and Pickering Counties, Mississippi Territory,

July23, 1799 159

To Justices Court of G. Q. S., Pickering County, Natchez, Jan. 2, 1800. 203

To King, Mr., Natchez, Apr. 17, 1800 223

To Lewis, Major, Mississippi Territory, Sept. 20, 1799 176

To Lewis and Bruin, Judges, Bellemont, Oct. 4, 1800 293

To Madison, James, Mississippi Territory, Mar. 16, 1801 329

To Madison, James, Mississippi Territory, Mar. 21, 1801 330

To Madison, James, Mississippi Territory, Apr. 3, 1801 333

To Marshall, John, Mississippi Territory, June 1, 1800 236

To Marshall, John, Mississippi Territory, June 15, 1800 243

To Marshall, John, Mississippi Territory, July 23, 1800 262

To Marshall, John, Mississippi Territory, Aug. 10, 1800 265

To Marshall, John, Mississippi Territory, Aug. 25, 1800 268

To Marshall, John, Mississippi Territory, Sept. 5, 1800 282

To Marshall, John, Mississippi Territory, Oct. 13, 1800 295

To Marshall, John, Mississippi Territory, Oct. 21, 1800... 300

To Marshall, John, Mississippi Territory, Nov. 12, 1800 303

Schedule alluded to in foregoing. 310

To Marshall, John, Mississippi Territory, Nov. 20, 1800 314

To Marshall, John, Mississippi Territory, Dec. 20, 1800 322

To Marshall, John, Mississippi Territory, Dec. 26, 1800 322

To Marshall, John, Mississippi Territory, Jan. 26, 1801 327

To Matthews, General Geo., Mississippi Territory, Oct. 13, 1798 61

To Mitchell, James, Natchez, Nov. 14, 1798 81

To Mitchell, James, Natchez, Dec. 10, 1798 87

To Mitchell, Samuel, Natchez, Sept. 3, 1798 33

To Militia, Officers of, Mississippi Territory, Sept. 8, 1798 41

To Minor, John, Grove, Apr. 27, 1800 228

To Minor, John, Grove, Apr. 3, 1800 218

To McHenry, James, Natchez, Aug. 3, 1799 163

To McHenry, James, Natchez, Aug. 18, 1799 167

To McKee, John, The Grove, Nov. 9, 1799 191

To McKee, John, Natchez, Nov. 25, 1799 193

To McKee, John, Bellemont, July 9, 1800 260

To McKee, John, Mississippi Territory, Sept. 1, 1800 281

To McKee, John, Mississippi Territory, Mar. 30, 1801 331

To McNary, Judge, Mississippi Territory, Mar. 2, 1799 109

To Officers of Cavalry, Mississippi Territory, Oct. 14, 1798 61

To Osmun, Benajah, Mississippi Territory, Dec. 1, 1800 317

To Pickering, Timothy, Cincinnati, May 21, 1798 14

To Pickering, Timothy, Cincinnati, May 29, 1798 17

To Pickering, Timothy, Cincinnati, May 29, 1798 18

To Pickering, Timothy, Cincinnati, June 4, 1798 20

To Pickering, Timothy, Cincinnati, June 16, 1798 21

To Pickering, Timothy, Concord House, Aug. 20, 1798 30

To Pickering, Timothy, Natchez, Sept. 18, 1798 46

To Pickering, Timothy, Natchez, Sept. 29, 1798 53

To Pickering, Timothy, Natchez, Sept. 29, 1798 57

To Pickering, Timothy, Concord House, Oct. 17, 1798 64

LIST OF LETTERS

Letters Written by Governor Sargent — Continued: page

To Pickering, Timothy, Mississippi Territory, Nov. 1, 1798 74

To Pickering, Timothy, Natchez, Dec. 20, 1798. 89

To Pickering, Timothy, Mississippi Territory, Dec. 11, 1798 93

To Pickering, Timothy, Mississippi Territory, Jan. 8, 1799 98

To Pickering, Timothy, Mississippi Territory, Jan. 15, 1799 104

To Pickering, Timothy, Grove, Jan. 17, 1799. 106

To Pickering, Timothy, Mississippi Territory, Mar. 13, 1799 110

To Pickering, Timothy, Natchez, Mar. 13, 1799. 112

To Pickering, Timothy, Natchez, Mar. 21, 1799 115

To Pickering, Timothy, Mississippi Territory, Apr. 20, 1799 139

To Pickering, Timothy, Mississippi Territory, May 26, 1799 148

To Pickering, Timothy, Mississippi Territory, July 17, 1799 155

To Pickering, Timothy, Natchez, Aug. 3, 1799 162

To Pickering, Timothy, Natchez, Aug. 17, 1799 165

To Pickering, Timothy, Mississippi Territory, Sept. 20, 1799. 171

To Pickering, Timothy, Mississippi Territory, Oct. 12, 1799 177

To Pickering, Timothy, Mississippi Territory, Oct. 13, 1799 178

To Pickering, Timothy, Mississippi Territory, Nov. 1, 1799 182

To Pickering, Timothy, Mississippi Territory, Nov. 8, 1799 189

To Pickering, Timothy, Mississippi Territory, Dec. 29, 1799 198

To Pickering, Timothy, Mississippi Territory, Feb. 10, 1800 206

To Pickering, Timothy, Natchez, Mar. 1, 1800 210

To Pike, Zebulon, Mississippi Territory, Aug. 1 , 1800 263

To Pike, Zebulon, Grove, Dec. 1, 1800 319

To President of United States Senate, Natchez, Dec. 20, 1800 320

To Ross, James, Mississippi Territory, Oct. 17, 1798 65

To Ross, James, Mississippi Territory, Jan. 4, 1801 323

To Secretary of State, Mississippi Territory, Nov. 20, 1800 313

To Sevier, Governor John, Mississippi Territory, Jan. 15, 1799 103

To Slave-holders, Grove, Nov. 16, 1800 311

To Smith, Captain, and his Officers, Grove, Apr. 21, 1800 226

To Speaker of the House of Representatives, Bellemont, Oct. 3, 1800. 290
To Speaker of the National House of Representatives, Natchez, Dec.

20, 1800 319

To Steele, John, en route to Mississippi Territory, July 2, 1798 25

To Steele, John, Natchez, Mar. 22, 1799 117

To Steele, John, Mississippi Territory, 123

To Steele, John, Grove, Apr., 1801 332

To Tilton, Daniel, The Grove, May 23, 1799 147

To Tilton, Daniel, The Grove, June 6, 1800 242

To Tilton and Bruin, Judges, Mississippi Territory, May 19, 1800 235

Unfinished, Bellemont, Sept. 20, 1799 170

To Vidal, Jose, Mississippi Territory, Mar. 28, 1799 124

To Vidal, Jose, Bellemont, Oct. 8, 1800 294

To Vousdan, Wm., Mississippi Territory, Apr. 12, 1800 222

To Walker, Peter, and Lewis Evans, Natchez, Nov. 24, 1798 84

To Welch, Mr., Natchez, Nov. 14, 1798 81

To West, Cato, Natchez, Nov. 23, 1798 83

To West, Cato, Natchez, Dec. 4, 1798 85

To West, Cato, Adams County, Nov. 29, 1800 316

To Wilkinson, General James, Natchez, Sept. 30, 1798 58

To Wilkinson, General James, Concord House, Oct. 6, 1798 60

To Wilkinson, General James, Concord House, Oct. 16, 1798 62

To Wilkinson, General James, Mississippi Territory, Oct. 20, 1798 72

To Wilkinson, General James, The Grove, Nov. 2, 1798 76

To Wilkinson, General James, The Grove, Nov. 19, 1798 79

To Wilkinson, General James, Natchez, Nov. 14, 1798 82

To Wilkinson, General James, The Grove, Jan. 8, 1799 100

IV LtST OF LETTERS

Letters Written by Governor Sargent — Continued: page

To Wilkinson, General Tames, The Grove, Mar. 17, 1799 114

To Wilkinson, General James, Natchez, Mar. 22, 1799 118

To Wilkinson, General James, Natchez, Mar. 25, 1799— 121

To Wilkinson, General James, The Grove, Apr. 3, 1799 128

To Wilkinson, General James, Natchez, Apr. 3, 1799 130

To Wilkinson, General James, Natchez, Apr. 17, 1799 138

To Wilkinson, General James, The Grove, Feb. 27, 1800 209

To Wilkinson, General James, The Grove, Mar. 10, 1800 214

To Wilkinson, General James, Mississippi Territory, Mar. 17, 1800... 215

To Wilkinson, General James, The Grove, Apr. 8, 1800 220

To Wilkinson, General James, Mississippi Territory, Apr. 10, 1800- .. 222

To Wilkinson, General James, The Grove, Apr. 19, 1800 225

To Wolcott, Oliver, Jr., Natchez, Sept. 17, 1799 168

To Wolcott, Oliver, Jr., Natchez, Jan. 10, 1800 ---- 204

Letter to Governor Sargent from Speaker of the House 291

Letters Written By Governor Claiborne: page

To Berry, David, Washington, Mississippi Territory, Oct. 13, 1802 .. 527

To Berry, David, Washington, Mississippi Territory, Oct. 13, 1802 .. 528

To Brooks, Samuel, Mississippi Territory 495

To Burnett, Daniel, Washington, Mississippi Territory, Apr. 27, 1802 422

To Burnett, Daniel, near Natchez, Oct. 3, 1802 518

To Caller, John, near Natchez, Sept. 9, 1802 . 495

To Callier, Majors Isaac, and Nathaniel Christmas, Washington,

Mississippi Territory, May 11, 1802 437

To Christmas, Nathaniel, near Natchez, Sept. 9, 1802 496

Circular to Sheriffs, Washington, June 30, 1802. 461

To Comptroller of Treasury, Natchez, July 1, 1802 470

To De Salcedo, Governor, near Natchez, Mar. 29, 1802 396

To De Salcedo, Governor, Natchez, Oct. 28, 1802 533

To Dearborn, Henry, Natchez, Apr. 19, 1802 419

To Dearborn, Henry, near Natchez, Apr. 8, 1802 _. 404

To Dearborn, Henry, near Natchez, May 10, 1802 435

To Dearborn, Henry, near Natchez, May 14, 1802 439

To Dearborn, Henry, Washington, May 24, 1802 442

To Dearborn, Henry, Natchez, June 10, 1802 452

To Dearborn, Henry, near Natchez, June 29, 1802 460

To Dearborn, Henry, near Natchez, June 30, 1802 462

To Dearborn, Henry, near Natchez, July 20, 1802.. 477

To Dearborn, Henry, near Natchez, Aug. 6, 1802 480

To Dearborn, Henry, near Natchez, Aug. 19, 1802 485

To Dearborn, Henry, near Natchez, Aug. 22, 1802 491

To Dearborn, Henry, near Natchez, Sept. 1, 1802 492

To Dearborn, Henry, Washington, Mississippi Territory, Sept. 17, 1802 508

To Dearborn, Henry, near Natchez, Oct. 4, 1802 519

To Dearborn, Henry, near Natchez, Oct. 5, 1802 521

To Dearborn, Henry, near Natchez, Oct. 20, 1802 531

To Dearborn, Henry, near Natchez, Nov. 10, 1802 547

To Dearborn, Henry, near Natchez, Nov. 16, 1802 552

To Dearborn, Henry, Natchez, Dec. 11, 1802 565

LIST OF LETTERS V

Letters Written by Governor Claiborne — Continued: page

To Dearborn, Henry, Natchez, Dec. 11, 1802 565

To Dearborn, Henry, Natchez, Dec. 21, 1802 571

To Dearborn, Henry, Natchez, Jan. 3, 1803 -- 573

To Dearborn, Henry, near Natchez, Jan. 17, 1803 580

To Dearborn, Henry, Washington, Mississippi Territory, Jan. 19, 1803 582

To Dearborn, Henry, near Natchez, Jan. 31 , 1803 588

To Dearborn, Henry, near Natchez, Feb. 15, 1803 589

To Dearborn, Henry, Washington, Mississippi Territory Mar. 2, 1803 596

To Dearborn, Henry, Natchez, Mar. 7, 1803 598

To Dearborn, Henry, Natchez, Mar. 17, 1803 600

To Dearborn, Henry, Natchez, Mar. 17, 1803 601

To Dinsmore, Silas, Natchez, Nov. 11, 1802 548

To Dunbar, Wm, Washington, Apr. 16, 1802 415

To Duncan, Abner L., Washington, Dec. 18, 1802 571

To Evans, Lewis, Natchez, Jan. 9, 1802 368

To Farrell, James, near Natchez, Feb. 23, 1802 383

To Girault, John, Jefferson Court House, Aug. 4, 1802 475

To Girault, John, Washington, Mississippi Territory, Aug. 17, 1802.. 483

To Governor-General of Louisiana, Natchez, Feb. 10, 1802 — 379

To Grainger, Gideon, near Natchez, Sept. 6, 1802 493

To Green, Abner, Washington, Mississippi Territory, May 1, 1802 — 427

To Harding, Lyman, near Natchez, Mar. 3, 1802 387

To Hawkins, Benj., Natchez, Dec. 14, 1801 359

To Henderson, John, near Natchez, Mar. 18, 1802 391

To Hoggatt, James, Natchez, Sept. 15, 1802 506

To Houses of Assembly, Washington, Apr. 16, 1802 413

To Houses of Assembly, Washington, May 4, 1802 428

To Houses of Assembly, Washington, May 4, 1802 432

To Huling, Wm. E., Natchez, June 26, 1802 457

•To Huling, Wm. E., Natchez, June 26, 1802 457

To Huling, Wm. E., Natchez, July 6, 1802 471

To Huling, Wm. E., Natchez, Oct. 28, 1802 533

To Huling, Wm. E., near Natchez, Jan. 12, 1803 577

To Huling, Wm. E., near Natchez, Jan. 13, 1803 578

To Huling, Wm. E., Natchez, Feb. 18, 1803 595

To Huling, Wm. E., Washington, Mississippi Territory, Mar. 4, 1803 597

To Hunter, Henry, near Natchez, Feb. 24, 1802 383

To Jefferson, Thos., Natchez, Jan. 21, 1802 371

To Jefferson, Thos., Washington, Mississippi Territory, June 1, 1802. 448

To Jones, Evan, near Natchez, Apr. 7, 1802 408

To Lattimore, Drs. D. and W., Washington, Mississippi Territory,

Oct. 5, 1802 526

To Lee, Richard, near Natchez, Sept. 10, 1802 497

To Lewis, Seth, Judge, Washington, Mississippi Territory, May 22,

1802 440

To Lewis, Seth, Judge, Mississippi Territory, Oct. 19, 1802... 529

To Lewis, Bruin and Ker, Judges, Washington, Mississippi Territory,

Dec. 10, 1802 569

To Lintot, Bernard, Natchez, Jan. 28, 1802 375

To Madison, James, Nashville, Aug. 2, 1801 343

To Madison, James, Knoxville, Sept. 16, 1801 344

To Madison, James, Nashville, Oct. 7, 1801 345

To Madison, James, Natchez, Nov. 24, 1801 346

To Madison, James, Natchez, Dec. 12, 1801 349

To Madison, James, Natchez, Dec. 20, 1801 363

To Madison, James, Natchez, Jan. 8, 1802 367

To Madison, James, Natchez, Jan. 20, 1802 369

LIST OF LETTERS

Letters Written by Governor Claiborne — Continued:

PAGE

, James, Natchez, Jan. 23, 1802 373

, James, Natchez, Feb. 5, 1802 375

, James, near Natchez, Feb. 16, 1802. 381

, James, near Natchez, Mar. 6, 1802 387

, James, near Natchez, Apr. 3, 1802 402

, James, Natchez, Apr. 24, 1802 421

, James, near Natchez, May 14, 1802 438

, James, Washington.fcMississippi Territory, May 28, 1802 444

, James, Town of Washington, June 1 , 1802 446

, James, near Natchez, June 31, 1802 467

, James, Natchez, Aug. 19, 1802 487

, James, Town of Washington, Sept. 12, 1802 501

, James, near Natchez, Oct. 29, 1802 535

, James, near Natchez, Nov. 5, 1802 536

, James, near Natchez, Nov. 6, 1802 545

, James, near Natchez, Nov. 6, 1802 546

, James, near Natchez, Nov. 24, 1802 555

, James, Natchez, Nov. 25, 1802 556

, James, near Natchez, December 21, 1802 572

, James, Natchez, Jan. 3, 1803 574

, James, near Natchez, Jan. 19, 1803 583

, James, near Natchez, Jan. 20, 1803 584

, James, near Natchez, Jan. 28, 1803 588

, James, near Natchez, Mar. 3, 1803 595

, James, near Natchez, Mar. 5, 1803 597

, James, near Natchez, Mar. 15, 1803 600

, James, near Natchez, Mar. 27, 1803 603

, Samuel, near Natchez, Aug. 15, 1802 482

, Samuel, near Natchez, Oct. 4, 1802 519

Town of Washington, May 1 , 1802. 426

Mississippi Territory, June 22, 1802 454

To McKee, John, near Natchez, Mar. 28, 1802 393

To McKee, John, near Natchez, Apr. 7, 1802 410

To McKee, John, Natchez, May 1, 1802 425

To McKee, John, near Natchez, June 4, 1802 450

To McKee, John, near Natchez, June 29, 1802 458

To Officer Commanding at Fort Stoddert, Natchez, July 10, 1802... 472
To Officer in Charge at Mouth of Bear Creek, Town of Washington,

Apr. 27, 1802 425

To Osmun, Benajah, Town of Washington, May 6, 1802 433

To Pitchylynn, John, near Natchez, Aug. 22, 1802 488

To Postlethwait, Samuel, near Natchez, Apr. 7, 1802 409

To Postlethwait, Samuel, Washington, Apr. 16, 1802 414

To Rawn, David, Washington, Mississippi Territory, Sept. 21, 1802. 512

To Rennick, Lieutenant S., Mississippi Territory, Jan. 9, 1801 424

To Scott, Wm, Town of Washington, Dec. 18, 1802 570

To Scurlock, James, Town of Washington, June 2, 1802 449

To Shaumburgh, B., Natchez, Apr. 12, 1802 412

To Shaumburgh , B . , Town of Washington , May 3 , 1 802 428

To Sparks, Richard, Natchez, Feb. 10, 1802 380

To Sparks, Richard, Town of Washington, July 1 , 1802 469

To Sparks, Richard, near Natchez, July 6, 1802 470

To Tierney, Mathew, Town of Washington, Sept. 19, 1802 510

To Trask, Israel E., Town of Washington, Oct. 9, 1802 .. 527

To Vousdon, Wm., near Natchez, Jan. 11, 1802... 369

To Walker, Peter, near Natchez, Mar. 18, 1802 392

To Walker, Peter, Town of Washington, Sept. 9, 1802 494

To Walker, Peter, Town of Washington, Sept. 14, 1802 506

)

To Madison

To Mitchell

To McCormick.^Wm

To McCormick, Wm

LIST OF LETTERS Vll

Letters Written by Governor Claiborne — Continued: page

To Wilkinson, General James, Natchez, Jan. 29, 1802 377

To Wilkinson, General James, Town of Washington, Oct. 3, 1802 515

To Wilkinson, General James, Washington, Nov. 16, 1802 548

To Wilkinson, General James, near Natchez, Dec, 1802 573

To Wilkinson, General James, Washington, Jan. 29, 1803 587

To Wilkinson, General James, Town of Washington, Feb. 23, 1803 „ 592

To Williams, Governor B., near Natchez, Mar. 11, 1802 390

Letters Written to Governor Claiborne:

By Brooks, William, Natchez, Dec. 11, 1802 563

By Dearborn, Henry, War Department, Feb. 23, 1802 416

By Dearborn, Henry, War Department, Mar. 10, 1802 434

By Dearborn, Henry, War Department, Apr. 8, 1802 441

By Dearborn, Henry, War Department, May 24, 1800 459

By Dearborn, Henry, War Department, June 7, 1802 476

By Dearborn, Henry, War Department, June 11, 1802 484

By Dearborn, Henry, War Department, July 28, 1802 507

By Dearborn, Henry, War Department, July 9, 1802 546

By Dearborn, Henry, War Department, Sept. 10, 1802 550

By Dearborn, Henry, War Department, Sept. 11, 1802 551

By Dearborn, Henry, War Department, Sept. 11, 1802 552

By Dearborn, Henry, War Department, Dec. 6, 1802 579

By De Salcedo, Governor, New Orleans, Feb. 28, 1802 394

By Dinsmore, Silas, Camp, Sept. 19, 1802. 523

By Girault, John, Recess, July 29, 1802 474

By Governor-General of Louisiana, New Orleans, Nov. 15, 1802 556

By Granger, Gideon, General P. O., Nov. 12, 1802 575

By Hawkins, Benj., Fort Adams, Dec. 10, 1801 357

By House of Representatives, Mississippi Territory, Dec. 13, 1802 566

By Huling, Wm. E., New Orleans, June 12, 1802 457

By Huling, Wm. E., New Orleans, June 23, 1802 489

By Huling, Wm. E. , New Orleans, Oct. 18, 1802 532

By Huling, Wm. E. , New Orleans, Dec. 24, 1802 578

By Jefferson, Thos., Washington, Apr. 3, 1802 446

By Jones, Evan, New Orleans, Mar. 17, 1802 407

By Lattimore, Drs. D. and W., Natchez, Oct. 1, 1802. 523

By Legislative Council, Washington, Dec. 15, 1802 567

By Macon, Nathaniel, Washington, Mar. 13, 1802 433

By Madison, James, Washington, D. C. , Feb. 22, 1802 420

By Madison, James, Department of State, Apr. 9, 1802 445

By Madison, James, Department of State, May 11, 1802 463

By Madison, James, Department of State, July 26, 1802 498

By Madison, James, Department of State, Nov. 29, 1802 576

By Madison, James, Department of State, Jan. 17, 1803 594

By Madison, James, Department of State, Feb. 14, 1803 602

By McCormick, Wm. T., Natchez, June 22, 1802 454

By McKee, John, Mount Dexter, Sept. 12, 1802 517

By Rawn, David, Treasury Department, Aug. 13, 1802 512

By Rawn, David, Treasury Department, Dec. 4, 1802 576

By Schuyler, P. P., Ft. Stoddert, Aug. 1, 1802 490

By Shaumburgh, Captain, Camp, Apr. 7, 1802... 411

By Wilkinson, James, Natchez, Jan. 29, 1802 378

Vlll LIST OF LETTERS

Letters Written to Governor Claiborne — Continued: page

By Wilkinson, Tames, Ft. St. Stephens, Sept. 18, 1802 514

By Wilkinson, tames, Camp, Nov. 11, 1802 554

By Wilkinson, James, National Boundary, Jan. 23, 1803 586

By Wilkinson, James, Ft. Adams, Feb. 18, 1803 590

By Wilkinson, James, Ft. Adams, Feb. 18, 1803 591

By Williams, Governor B., Raleigh, N. C, Jan. 14, 1802 389

By Wingate, Joshua, War Department, Aug. 24, 1802 522

Letter from John McKee to Benj. Hawkins 358

Letter from Thos. Jefferson to Mississippi House of Represen-
tatives 447

EDITOR'S INTRODUCTION.

The Mississippi Department of Archives and History was es-
tablished February 26, 1902, for "the care and custody of official
archives, the collecting of materials bearing upon the history
of the State and of the territory included therein, from the
earliest times, the editing of official records and other historical
materials, the diffusion of knowledge in reference to the history
and resources of this State, the encouragement of historical
work and research and the performance of such other acts and
requirements as may be enjoined by law."

The above quotation from the first section of the act of estab-
lishment indicates the policy of the Department, in the publica-
tion of the official archives of the State of Mississippi.

Next to the preservation and arrangement of official material,
its publication is now regarded by students and investigators as
the most important activity in which historical agencies can
engage.

The Mississippi Department of Archives and History issues
three classes of publications :

1. Annual Reports, which describe in detail the development
and progress of the historical work of the State, and which are
frequently accompanied by valuable historical documents.

2. The Official and Statistical Register of Mississippi, which
is published every four years, and which is a complete handbook
of the State Government.

3. Mississippi Archives, which have been tentatively outlined
as follows:

1. Charters, organic acts, proclamations and constitutions
from the Spanish dominion (1540) to the present.

2. Spanish archives at Madrid, Seville and Simancas, dealing
with the exploration, settlement and government of what is now
the State of Mississippi, 1507 to 1813.

6 MISSISSIPPI TERRITORIAL ARCHIVES.

3. French archives at Paris, relative to exploration, settle-
ment and government, 1699 to 1783.

4. English archives on file in the Public Record Office in Lon-
don, connected with English dominion, 1763 to 1781.

5. National archives in Washington, dealing with the occu-
pation and government of the United States, 1798 to 1817.

6. Territorial archives on file in the Department of Archives
and History, 1798 to 1817.

7. State archives on file in the Department of Archives and
History, 1817 to the present time.

The completion of such a series of publications, as outlined
above, will give a most complete documentary history of Missis-
sippi.

It will be seen from the above classifications that the publica-
tion of Mississippi archives has been arranged in three groups,
which deal with clearly defined historical periods, from 1540 to
1905. The first period, from 1540 to 1798, will be covered by
publications known as Provincial Archives; the second, from
1798 to 1817, by Territorial Archives; the third, from 1817 to
date, by State Archives. The archives of the Territorial period
are now ready for publication, and in order that no time may be
lost, that series will be issued first.

The plan for the collection of provincial archives from Spain,
France and England, through a duly accredited representative of
the Department of Archives and History, is now being formu-
lated.

This volume marks the beginning of the series, which was pro-
vided for by an appropriation of one thousand dollars, made
March 10, 1904. The territorial archives of Mississippi com-
mence with the executive journal of Gov. Winthrop Sargent, the
first governor of the territory, which begins May 21, 1798, and
ends April 3, 1801. The Sargent journal is a well preserved
volume of four hundred and forty-seven manuscript pages, and,
while it serves to throw light on the official, rather than the man,
there are side lights which reveal the sober, earnest, patriotic

editor's introduction. 7

citizen who loves his country and hates her enemies with all the
ardor of a soldier of the Revolution. This record of the Sargent
administration will reveal the first governor of the Mississippi
Territory to every impartial investigator in a new and better
light. It presents a new man, who has not heretofore been ac-
corded that even-handed justice which is due from the historian.

The Claiborne journal of three hundred and sixty pages,
which appears as Part II. of this volume, is an interesting record
of the administration of Gov. William Charles Cole Claiborne,
the second governor of Mississippi Teritory, beginning July 10,
1801, and ending March 27, 1803. It records, with careful ac-
curacy, the incidents of the first two years of the Claiborne ad-
ministration, and reveals the young governor as an executive of
decided ability.

Sargent and Claiborne, it is evident, were careful, indus-
trious men; both seem to have had genius for detail and a
fondness for keeping journals, in which were recorded all official
correspondence, and other writings and proceedings. The texts
of the letters and documents are not difficult to read, and great
pains have been taken to secure accuracy. The letters were
compared, word for word, with the originals.

The plan of this publication has been to reproduce every word
just as it was written, preserving every error of whatever char-
acter. The editor has carefully annotated the journals, his object
being to throw light, rather than to make a display of a great
number of foot notes.

Before closing this introductory note, the editor takes pleas-
ure in stating that, in his labors, he has gained many valuable
ideas from a careful study of "Letters of John C. Calhoun," as
edited by Dr. J. Franklin Jameson, and published by the Ameri-
can Historical Association.

Dunbar Rowland.

Department of Archives and History,
Jackson, Miss., August 10, 1905.

Photographic facsimile after a copy of an oil painting by Gilbert Stuart, in the
Mississippi Hall of Fame.

WINTHROP SARGENT.
First Governor of Mississippi Territory.

BY DUNBAR ROWLAND.

Winthrop Sargent was born at Gloucester, a coast town of
Massachusetts, May 1, 1755. His first paternal ancestor who
came to America was William Sargent. He immigrated to the
colony from Gloucester, England, some time before 1568, since
which time his descendants have been distinguished in law, lit-
erature, art and politics.

Winthrop Sargent was graduated from Harvard University,
and soon after went to sea as captain of a merchant vessel owned
by his father. On July 7, 1775, he enlisted in the Army of the
Revolution, as a lieutenant in Gridley's Regiment of Massachu-
setts Artillery; on December 10, 1775, was promoted to Captain
Lieutenant of Knox's Regiment, Continental Artillery. He re-
ceived the following promotions before the close of the war:
Captain 3d Continental Artillery, January 1, 1777; brevet Major,
August 28, 1783 ; served as Aide-de-Camp to General Howe from
June, 1780, to 1783.

Major Sargent took an active part, with his artillery, at the
siege of Boston, the battles of Long Island, White Plains, Tren-
ton, Brandywine, Germantown, Monmouth and other important
operations. A chronicler of 1801, in writing of Sargent at the
close of the war, says : "Six months' pay in Morris' notes and his
sword were all that were left him." In this condition of affairs
Major Sargent determined to apply for a commission in the army
of Holland, and with that end in view, applied to General Wash-
ington for a testimonial of his service in the Continental Army,
who gave him a certificate in these words :

"I certify, ,that Major Winthrop Sargent, lately an officer in the line of
artillery, and Aide-de-Camp to Major General Howe, has served with great
reputation in the armies of the United States of America: that he entered
into the service of his country at an early period of the war, and during

10 MISSISSIPPI TERRITORIAL ARCHIVES.

the continuance of it, displayed a zeal, integrity and intelligence which did
honor to him as an officer and a gentleman.

Given under my hand and seal, this 18th day of June, 1785.

(Signed) George Washington,
late Commander in Chief, &c.

At this juncture a company was formed, made up largely of
revolutionary soldiers, for the settlement of the Ohio River coun-
try, known as the Northwestern Territory, and Major Sargent
accepted employment as a surveyor, charged with the duty of
laying out the country into townships. On the organization of a
government for the Northwest Territory, in 1787, he was elected
its secretary by the old Congress.

In the war against the Miami Indians, Secretary Sargent
served as Adjutant-General of the army in the field under Gen.
Arthur St. Clair, and was wounded in the disastrous defeat on
the Maume, November 4, 1791. He continued to serve as secre-
tary of the Northwestern Territory, and much of the time as act-
ing Governor until May 7, 1798, when President Adams ap-
pointed him governor of Mississippi Territory. In a letter to
Secretary Pickering, relative to arrangements for going to his
new post, he says, under date of June 16, 1798 :

"General Wilkinson arrived here the evening before last and has assured
me of accommodation to descend the river in a very few days, so that you
will not probably hear again from me at this place."

Governor Sargent arrived at Natchez August 6, in very poor
health, and was taken to Concord, the old home of Governor
Gayoso, where he remained until convalescent. His first official
act was performed August 16, when he delivered an address at
Natchez to the people of the Territory.

The territorial officers, as appointed by President Adams,
were: William McGuire, Chief Justice; and Peter Bryan Bruin
and Daniel Tilton members of the Court. John Steele was ap-
pointed secretary.

Legislative authority was vested in the governor and terri-
torial judges. Judge Bruin was the only resident member of the
Court, and the absence of the other members greatly embarrassed

GOVERNOR WINTHROP SARGENT. 11

the governor in the organization of his administration. Judge
Tilton did not arrive until January 10, 1799, and Judge McGuire
not until the following summer.

On the arrival of Governor Sargent in the Territory, the
United States and France were on the eve of hostilities, which
prompted him to temporarily organize the militia, which was
done by an official order, dated September 8, 1798 —

Political discontent, under the leadership of Anthony Hutchins
and Cato West, soon began to manifest itself. Sargent was a
Federalist; the majority of the people were Jeffersonian Republi-
cans, and party feeling prevented them from co-operating with
him in his, really, earnest and sincere efforts to give them good
government.

On the arrival of Judge Tilton, the legislative branch of the
government was organized, and the first law of Mississippi Ter-
ritory bears date of February 28, 1799.

Soon after this time Governor Sargent was married to Maria
Mcintosh Williams, a young widow of considerable fortune in
lands, which gave him a permanent interest in the Territory.
One son was born of this marriage, William Fitz Winthrop.

The leaders of the opposition violently attacked the laws that
were enacted by the governor and judges. These dissensions re-
sulted in a public meeting of the opponents of the administration,
at which a committee was appointed to present grievances to the
governor and judges. The committee also appointed Narsworthy
Hunter as its agent, and instructed him to proceed to Phila-
delphia and lay their complaints before Congress. The peti-
tion to Congress was prepared by Cato West; it bears date of
October 2, 1799, and was signed by fifteen citizens of the Terri-
tory.

The agitation by the West Committee, as represented by
Hunter, before Congress, resulted in the supplemental act of
June 24, 1800, which authorized a legislative body for the Ter-
ritory, to consist of a House of Representatives elected by the
people, and a Legislative Council nominated by the House and

12 MISSISSIPPI TERRITORIAL ARCHIVES.

appointed by the President. The House had a membership of
nine; the Council was composed of five members.

On June 24, 1800, the governor ordered an election for mem-
bers of the House of Representatives, to be held at the county
seats on the fourth Monday of July. The election resulted in a
victory for the opponents of Governor Sargent. The Represen-
tatives-elect met September 22, 1800, at the government house
in Natchez.

In his address to the representatives of the people, the gov-
ernor adopted a conciliatory attitude, but the presence of Hutch-
ins and West as members, probably, prevented agreeable rela-
tions.

The Territory had been divided into three counties, Adams,
Pickering and Washington, which were named in honor of John
Adams, Timothy Pickering and George Washington. Adams
County was represented by Henry Hunter, James Hoggett, An-
thony Hutchins and Sutton Banks; Pickering County by Cato
West, Thomas M. Green, John Burnet and Thomas Calvit. Wash-
ington County's election was held irregularly, in that it was
not held on the day fixed by law, and the House refused to seat
John Flood McGrew, the Representative from that county.

The change to the second grade of government, as provided
for by the act of June 24, 1800, soon became unpopular, and a
petition for its repeal, dated December 6, 1800, signed by four
hundred citizens of the Territory, was presented to Congress.

When President Adams was defeated by Thomas Jefferson
for the Presidency, Governor Sargent, early in April, 1801, took
a leave of absence, which had been granted some time before, to
visit Washington, in order to defend his administration against
the attacks of his political enemies, and seek vindication by re-
appointment. He left the Territory soon after, and proceeded to
the national capital for that purpose, but his mission was not
accomplished, as William Charles Cole Claiborne was commis-
sioned governor of the Mississippi Territory May 25, 1801.

The popular opinion of the Sargent administration has been

GOVERNOR WINTHROP SARGENT. 13

derived from Claiborne's Mississippi; and it is, somewhat,
natural that his criticism should have been adopted without in-
vestigation by other historical writers. Claiborne pictures Sar-
gent as a cold, austere, unsympathetic, arbitary, grasping man,
who was never in touch with the true interests of the people.
Such an estimate seems to be partisan on its face, and is not
borne out by a careful perusal of the record. His journal im-
presses one that he had a deep love for his country and its in-
terests, that he was sincerely ambitious to serve, faithfully, the
people to whom he had been sent, and that he surmounted un-
usual difficulties in the establishment of law and order in a
frontier settlement. In his administration of the affairs of
government he was industrious, capable and just. He was,
possibly, wanting in political tact, and perhaps his military train-
ing caused him to expect too much obedience and reverence for
law in a frontier people.

During his trip to the Atlantic States, Governor Sargent vis-
ited his old home in Massachusetts, after which he returned to
Mississippi Territory and quietly took up the life of a planter.
He called his home Gloucester, evidently in honor of his birth-
place. He was a successful planter, and was one of the commit-
tee appointed by the Legislature in 1809 to receive subscriptions
to stock of the Bank of Mississippi, the first banking house estab-
lished in the Mississippi Territory. Governor Sargent died in
New Orleans June 3, 1820, and is buried at Gloucester, his home,
near Natchez.

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

MISSISSIPPI

TERRITORIAL ARCHIVES
1798-1803

A Journal

of the Proceedings in the Executive Department

of the Government of the

Mississippi Territory

Under the Administration of

His Excellency Winthrop Sargent

Commencing
The twenty first day of May 1798.1

To Timothy Pickering.

His Excellency the Governor was pleased to write the follow-
ing private Letter to the Secretary of State, and deems it neces-
sary to be inserted in the Journal Viz —

North western Territory
Cincinnati 21st of May 1798
My Dear Sir,

I have just now had the honor to receive your favor of the 4th
inst- and in one hour the Mail will close, so that I have not time
so fully to express myself as I could wish, and as that attach-
ment you so kindly express for me merits.

The Confidence and good wishes of the President of the
United States, personal respect and admiration even out of
view, would be in a high degree grateful. With the sentiments

irThe greater part of this journal appears to be in the handwriting of
John Steele, the Territorial Secretary. The original letters were written by
the Governor, who also made copies, which were turned over to the Secre-
tary, to be transcribed in the Journal.

113 •

■&:

■/,

■

i fit ffu tf.< ,*/

■

■ tj im

j ' / " i ■

"^ i

'T"': rJ

FACSIMILE OF FIRST PAGE OF JOURNAL OF GOVERNOR WINTHROP SARGENT.

GOVERNOR WINTHROP SARGENT. 15

then, that I possess of Mr. Adams, I can know no greater hap-
piness, than is Communicated by his honorary Distinctions of
Confidence ; and next to my desire of aspiring to an elevated Sta-
tion in the mind of the President, I assure you, Sir, is my wish
of being thought well of by yourself.

The Nomination you have been pleased to signify unto me,
would have given me pleasure from your having placed it in
my view, so as to indulge the hope of those pursuits in future,
which may promote my interest in this Country — but for the
very infirm State of my health;1 I am indeed my Dear Sir, I
assure you extreme Sick — perhaps too much debilitated, to en-
gage in those duties, that might even in better times be to me ar-
duous, however my Dear Sir, you have expressed a wish, that
if the appointment is made, I should accept it, — this also I must
suppose to be the desire of the President, and in Consequence I
shall implicitly be governed by your instructions, If I can believe
it amongst the probabilities that my State of health, may possibly
admit of my discharge of those duties which Shall be assigned
me.

You will be good enough I trust to cause the Necessary ar-
rangements to capacitate the Executive of the New Government
to organize the same with as much facility as possible, and for
the necessary Distinction between Civil and Military — the pow-
ers of the Governour in War &c — Laws of the United States —
Journals of the Old Congress, — Laws of all the States of the
Union, to give the Legislature an election, would be highly useful,
— Stationary, a Seal, Press blank Commissions &c, will Consti-
tute a Necessary part of the apparatus.

Before I received your Letter — indeed before the arrival of
Governour St. Clair, which was upon the 17th instant, I had been
making my arrangements for leaving the Territory, even though
his Excellency had not arrived — You will judge from this, my
health must have been extreme bad, — indeed Sir, my situation
was critical. I had maintained the Station2 too long — my Phy-

1 Sargent was just recovering from a very severe illness

2 Sargent had served as Secretary of the Northwestern Territory since

1788.

16 MISSISSIPPI TERRITORIAL ARCHIVES.

sicians, and friends had declared to me a change of air necessary
— Under these Circumstances, I hade made up my mind upon a
Northern Journey, — a Voyage to the sea Coast as most congenial
to my feelings — I had determined to deposit the public Records
with a Captain Harrison, a Young Gentleman of Virginia, and of
Education, son to a former Governour of that name, long in the
family of General Wayne, in a Confidential Character, and who
for seven years I believe has sustained a fair, indeed unblemished
reputation as a Military Officer — A few weeks since he resigned,
and from faith in the goodness, and propriety of his Principles,
and Ability, I had placed in him the Confidence before expressed,
and I am sure Sir, that I may venture to Vouch, that he will not
betray any trust, with which Government may honour him — in-
deed I think him a very deserving young man.

In case of my appointment will it not be proper I should be
furnished with a Military escort. — I hope Government may be
pleased to Consider that my expences at taking possession of the
new Country, must be considerable, and make some provision
therefor.1 The movement not being Calculated upon has not by
me been provided for. — I leave my home and those little Conven-
iences, that have enabled me to live upon my former Salary, and
I believe no man in Administration, will be unwilling to confess,
that a Considerable sum of money must be actually due me for
my services in this Country.2

I have the honour to be with every sentiment of respect and
esteem,

Sir,

your very humble servant
(Signed) Winthrop Sargent.

The Honourable The Secretary of State.

1 Ten thousand dollars had been appropriated to carry the Act creating
the Mississippi Territory into effect.

- The salary of the Secretary had been fixed at $750. Reference is here
made to the propriety of extra compensation as Acting Governor.

GOVERNOR WINTHROP SARGENT. 17

To Timothy Pickering.

Cincinnati 29th May 1798.
Sir,

I had the honour to receive your Letter of the tenth of May,
and my Commission as Governour of the Mississippi Territory
on the last evening. — I trust that I am properly impressed by this
mark of Confidence from the President and senate of the United
States, and will endeavour to discharge the duties of my office in
"integrity," and to the best of my abilities" but my present State
of health which for a considerable time past has been extreme
bad, causes some uneasy apprehensions however for the imme-
diate full discharge of my duties, — and for the ab-
sence of the Judges,1 and Secretary I have much regret.

First impressions are strong — it will therefore I apprehend
be unfortunate for our Government should the Executive be con-
strained to visit the Mississippi Territory without the Judges —
the people have been anticipating that which it is not in the Gov-
ernours power to bestow.

The pleasure of Government however as expressed to me by
you Sir, shall be my guide, and I will delay no longer than to be
furnished with necessary transportation; — General Wilkinson
is expected immediately, and to him I shall apply for the same.

Lest there should be some hesitation upon his part, which
however I should not expect, I take leave Sir to request, that di-
rections may be given in point, and if previous accommodations
should be obtained, they can operate no ill.

I have only further to observe Sir that I have not a Competent
knowledge of the expences of the Southern Indian Department —
If Considerable it is essential provision should be made therefor,
as I have it not in my Power at present to make advances, though
I possess ample disposition for the Public interests.

I have to request Sir that a seal, Press, Stationary, and blank
Commissions may be forwarded as soon as possible for the Mis-
sissippi Territory, and the forms which were transmitted from

1 Only one of the judges (Bruin) was a resident of the Territory. Judge
Tilton did not reach his post until January, 1799.
2

18 MISSISSIPPI TERRITORIAL ARCHIVES.

the Northwistern Territory to your office in 1789, I think will be
found sufficiently adapted, — Poyntell living in Chestnut Street
Philadelphia has been the Printer of some of them.
With very great respect I have the honour to be,

Sir,

your very humble servant,
(Signed) Winthrop Sargent.
The Honourable The Secretary of State.

To Timothy Pickering.

His Excellency the Governour was pleased to write the follow-
ing private Letter to the Secretary of State, and deems it neces-
sary to be entered on the Journal Viz.

Cincinnati 29th May 1798
My Dear Sir

In response to one of your private Letters of the 11th instant
my respect and esteem impel me to repeat my assurances, mat
nothing but a sense of duty and absolute necessity, could have
constrained me to have been so very importunate, as I must have
seemed to be, in mine of the 16th ulto; For I could readily con-
ceive of the importance, and the Multiplicity of your engage-
ments, rendering expected attention to the officers of this Terri-
tory impossible — pressed however as I was at all times, by all
opportunities, upon the subjects on which I addressed you at that
date, and apprehensive for consequences, I could not avoid re-
iterating my wishes, or now again soliciting, that the Depositions
relative to horses, stolen from Gregory and Richardson by the
Indians, may be transmitted to Governour St. Clair, so soon as
you may find it Convenient. — of this and attention to all other
matters that require it, I rest perfectly assured, and that the same
will be bestowed so soon as superior demands can anywise render
it practicable. — I feel anxious that all concerns of the Territory
(notwithstanding I am about to leave it) and which have been

GOVERNOR WINTHROP SARGENT. 19

produced in my Administration of Government (more particu-
larly) should have a speedy and happy issue.

I am closing the Journals of the Executive and shall send
forward a Copy by next Mail, that my Secretary's duty may be
all fair and in order ; the same however would not have been due
until the last of June — The records and public papers will im-
mediately be put into the hands of William H Harrison Esquire
of this place, as I had the honour of advertising you in my last.

And now my Dear Sir to respond to the important private
Letter of the beforementioned date — I do indeed, "accept your
remarks in good part," and you can not confer on me more obli-
gation than by Continuing them — They may be honnorable to
myself, and useful to the New Government.

The footing upon which Governour Gayoso lived with the
Inhabitants of the Natchez, it may not be exactly in my power
to observe, from the difference between American and Spanish
Appointments, and which must be as well, or better known to
you than myself; I will however cheerfully make such pecuniary
sacrifices, as my Circumstances may admit for the interest of
Government, and it shall be my study to conciliate, and attach all
parties to the United States.

The opposition to my appointment, and the News of which had
preceded the same, was more than a little mortifying to me; as
it was however, only because I have been an "Eastern Man" the
effects thereof are done away, and to declare myself honestly
(which perhaps I am too prone to) I should have felt myself in-
finitely more honoured in one single Nomination to a Dignified
Trust, than dishonoured or mortified, by half a Dozen Rejections,
notwithstanding my high respect for many Members of the Sen-
ate ; and that I every day thank God, for this branch of our Gov-
ernment. May I Sir, upon this occasion, solicit you to present
my acknowledgements to the President — his Moments are too
precious for my immediate address, and with all the respect and
admiration, that it is possible for me to feel for the most Dignified
Character in the Union, I should I believe under the impressions

20 MISSISSIPPI TERRITORIAL ARCHIVES.

of gratitude for the very highest favour, always be impelled to
silence, because I would not even hazard intrusion.
I have the honour to be,
My Dear Sir,

with very respectful esteem,
your obedient humble servant,

(Signed) Winthrop Sargent.
I am extreme desirous we should
be possessed of the Laws of all the States,
even though the same should be at my own expense.

P. S. Of what Indians has the Governour Superintendency?
I had believe Colo. Hawkins1 was a general Superintendant for
the Southern Department, — No doubt I shall receive instructions
as to the particular treatment of the Indians within my agency,
but I beg Sir you to bear the subject in mind — you have had
enough to do with them for to determine they are a troublesome,
as well as a very expensive people — Are the Spaniards to be
courted, (with due respect for ourselves) or kept at a distance?
Will it not be advisable that an early attention be given to the
Land claims upon the Mississippi? — I am told Gayoso2 was ex-
treme liberal in Grants e'er his Departure.

Signed

W. Sargent.
The Honourable Secretary of State.

To Timothy Pickering.

His Excellency thought proper to write to the Secretary of
State a Letter as follows Viz.

Cincinnati June 4th 1798
Sir

I have had the honour of receiving your Letter of the 13th
ult with instructions for my Conduct as Superintendant of Indian

1 Col. Benjamin Hawkins.

2 Spanish Governor.

GOVERNOR WINTHROP SARGENT. 21

affairs in offences committed against the people of the United
States by the Indians, and shall as in duty bound, follow the same
as an unerring guide, — having in mind however at all times, your
suggestions as they relate to Colo. Hawkins, to whose merit I am
no stranger. Permit me to ask though Sir, if it be not possible
that with the best disposition to the public Weal in us both, there
may not be such "clashing of our Powers" as may produce in-
convenience and injury, and if so whether the same should not
be very early provided against. Colo. Hawkins being considered
by the Indians as Superintendent, might it not by them be in-
sisted on that all demands in favour of the White people should
pass through him to the operation of such delay (if he happened
to be distant) as might be a matter of real grievance? — And are
there not indeed, many other very obvious ills to be apprehended ?

It will be my special duty to conciliate the good will of White
and red people, and I will endeavour to perforn it. — The latter
are in numbers very frequently at the Natchez, and always I be-
lieve, expect to be fed by a Patronizing Country. — as well as
to receive some small presents. — Will you Sir, be kind enough
to give this subject due attention, and give me some rule of Con-
duct.

With very great respect I have the honour to be,
Sir,

your most obedient humble servant,

(Signed) W. Sargent.

The Honble Secretary of State.

To Timothy Pickering.

His Excellency the Governour wrote to the Secretary of State
a Letter as follows viz.

Cincinnati June 16 1798.
Dear Sir,

General Wilkinson arrived here the Evening before last and
has assured me of accommodation to descend the River in a very

22 MISSISSIPPI TERRITORIAL ARCHIVES.

few days, so that you will not probably again hear from me at
this Place. — My health is not by any means established, I am
apprehensive that a more Southern Climate may incapacitate me
from duty, at least for a time, but I should nevertheless have gone
forward 'ere this had it been in my power — I mention the State
of my health to impress upon you most strongly the Necessity
that the Officers of the Government, should speedily repair to the
Territory — The presence of the Judges can not be dispensed with,
and I had flattered myself, that Mr. Tilton1 would have been on
the way, but am told he is gone into New Hampshire.

From the best intelligence I have been able to procure, there
prevails in the Country of our destination, a refractory and tur-
bulent Spirit, with parties headed by men of perverseness and
Cunning. — They have run wild in the recess of Government and
every moments delay in adoption of rules and regulations after
the ordinance &c shall be promulgated amongst them, must be
productive of growing evils, and discontent.

I am anxious to know who is the first Judge,2 and that he
should be on his way to this Country; I trust he will be a Law
Character — of Strictest integrity, of Converse with all the States
National and a man unconnected in Land Speculations, and that
shall make the duties of his office the Primary Consideration. —
The Supreme Court, a Court from whose Judgment there can
be no appeal should no more lack legal information than in-
tegrity. The Indian Business as it at present stands, embar-
rassed between Colo Hawkins and myself, I beg leave to recom-
mend to your serious Consideration; — I have said much to you
thereupon in several private Letters but it may not be amiss to
repeat. — All doubtful cases certainly should receive Legislative
interposition, and though I am not anxious of those concerns
which will be always attended with fatigue and perplexity, yet I
am desirous of duly filling every Station, to which I may be ap-

1 Daniel Tilton, of New Hampshire, commissioned as one of the judges
of Mississippi Territory May 7, 1798.

2 William McGuire, of Virginia, was appointed Chief Justice of Missis-
sippi Territory June 28, 1798.

GOVERNOR WINTHROP SARGENT. 23

pointed ; and as Superintendent 1 am sure you could not wish me
a mere Cipher. — Those observations are made with a view also
to the Military; very Subaltern Officers, (I know not under what
authority) are instructed to speechify, and possessed of the en-
dowments to "Conciliate" to render them important amongst the
Indians, whilst the Superintendent is not capacitated to make
unto them even the smallest present — May not the toleration of
such proceedings open a door for monstous abuses. — I have
known at Detroit 1,000 Rations per day issued to the Indians, and
at Advanced Posts, this Business submitted to Military, and very
Subaltern officers discretionary, in whom I had no Confidence,
at the same time that myself though the Legitimate Superintend-
ent of Indian Affairs for the N.Western Territory, was cruelly
forced to deny the Ottawa Indians from the Village of Arbirc-
cooke hungry in the extreme, even a morsel of Bread ; At a visit
there made one year afterwards by General Wilkinson who was
clothed with the means some handsome presents were made, and
will not all this induce, Comparison unfavourable to your Super-
intendent, who for the interests of our Country, should Certainly
be in high estimation with the red people?

One other matter also at present will I take leave to introduce,
and which I have before presumed to hint at, — The Mississippi
Territory, in case of hostility with France, must probably be a
Theatre of War, — The Governour is commander in chief of the
Militia — The Commanding General of the Regular Troops may
not be there — the officer in chief may be a Colonel, or he may be
a Captain, — With Troops operating together, there should be
but one head, and although / might be willing to sacrifice almost
anything to the Nations Weal, yet Military Pride and Tenacity,
are not always to be controuled. — Your Experience my Dear
Sir, in actual service, and extensive reading in those subjects so
very important to a soldier, abundantly inform you to advise, to
instruct, and I most earnestly solicit the same, as also that you
would use your influence for the due legal Regulation in every
doubtful case.

24 MISSISSIPPI TERRITORIAL ARCHIVES.

I most ardently pray that a regular communication by Post
may be established, between the general Government and Nat-
chez.

As a former Letter requesting blank Commissions might be
sent, may have miscarried, I take leave to request that 400
Printed forms for Military officers, 200 for Justices of the peace —
and 400 of more general nature may be struck off, and transmit-
ted me — Copies well enough adapted are herewith forwarded, —
a Box of Stationary is also needed, and should Poyntell be di-
rected to furnish the same, it is desired it may be agreeably to
the last Invoice which I gave him, and the addition of two large
Blank Books for the Journal &c.

And now my Dear Sir, being about to leave this Territory and
perhaps forever, you will excuse my again observing that unless
measures are speedily taken for removing intruders, Govern-
ment must eventually experience great loss, and misfortune,
either by sacrificing Lands, or from the necessity of a great Mil-
itary force — yet I believe it practicable to get rid of them upon
an order from the general Government, — Governour St. Clair
thinks otherwise, and has lately attached the Country West of
the Miami quite to the Indian line, to Hamilton County, not I
think for good and sufficient reasons, but perhaps he is better
Judge — I denied this measure, because I believed it would Coun-
tenance intruders and made some other Provision in Point, which
may be seen in my last communication.

I have the honour to be,
Dear Sir

your very humble servant

Signed Winthrop Sargent.

The Honble Secretary of State.

GOVERNOR WINTHROP SARGENT. 25

To John Steele.

The Governour wrote to the Secretary of the Government of
the Mississippi Territory, in answer to a Letter received from
him as follows Viz —
Sir

This evening of the 2d of July at the foot of the Rapids of
the Ohio, and on my way to the Mississippi Territory, is the first
leizure moment I have had to acknowledge your favour. I trust
the Indian Treaty1 will not long detain you for it seems to me
most Specially important at this Crisis, that every officer of the
Government Should be at his Post.

As I am not instructed I can have no Communications, to
make unto you in Point to the Negociation and will only add that
it would be highly gratifying to me to obtain pretty accurate
information of the Numbers of the Southern Indians which ob-
ject the present occasion may afford you opportunity of coming
at in a Degree.
I am Sir

with Respectful Consideration,
your very humble servant

(Signed) Winthrop Sargent

The Honble John Steele Secretary of the Mississippi Territory
Knoxville.

Address to Inhabitants of Mississippi Territory.

His Excellency the Governour was pleased to make and and
to deliver at Natchez, to a large assemblage of the Inhabitants
of the Territory the following Address Viz.

From the communications made unto you at this time you
will observe the Beneficient intention of congress to extend im-
mediately to the people of this Territory, the immunities and
blessings of their civil government, and the provision for your

1 John Steele was a commissioner to negotiate a treaty with the Cher-
okee Indians at Knoxville in 1798.

26 MISSISSIPPI TERRITORIAL ARCHIVES.

being admitted into the union in equal sovereignty and independ-
ence with the original States, so soon as your population may en-
able you to form and carry into effect, a system for the permanent
government of a country so extensive, and of so much national
importance, as hereafter (and at no distant period) must prob-
ably be the Mississippi Territory.

For your immediate and temporary government the honor-
able Congress have been pleased to apply their Ordinance of 1787
which experience in their North western Territory has deter-
mined is best adapted for your happiness and the interests of
your nation. — so accommodating the same however (in special
indulgence to the people of this Territory) that property in slaves
shall be continued to the present owners, with permission of
future importation from any country not out of the dominions of
the United States. By this ordinance it is provided, that the
governor and Judges, shall adopt laws for your government, and
such important duty it is presumed will be no longer delayed,
than the arrival of another of the Judges. — a concise and clear
code of laws, intelligible to the most common capacity — void of
partiality to sect, or class, and breathing that genuine spirit of
devine clemency, which is so honorable in legislation, it may rea-
sonably be presumed will be the effect of their labours. — such
a code would demand and insure the fullest respect of all ranks
of men, and the uniform administration thereof, produce you
more than a common share of felicity.

Should however at any time, from a misconception of your
interests, or any other cause, Laws be adopted not suited to your
circumstances, I trust you will find a remedy Within the Ter-
ritory,— but in any event you may repose in perfect security
upon the sovereignty of the united states — For there (and it is
an affectionate proof of wise and watchful care) is reserved the
power of disaproving of the laws, which may have been adopted
by your governor and Judges, and upon this provision I most
cordially felicitate you, as it contributes in your Territorial Leg-
islation, the aid of national wisdom.

GOVERNOR WINTHROP SARGENT. 27

To cause due execution of the laws which shall be adopted
will specially be the province of the governor — and I wish it to
be therefore remembered, that the exercise of that clemency
which, in the Legislature might beam most effulgent honor upon
his character, cannot be admitted in the Executive department,
but at extreme hazard to the Territory — For every remission
or pardon for a violation of the Laws, is not only a tacit reflection
upon the legislature, but by encouraging a hope of impunity pro-
duces and multiplies crimes, extremely dangerous to individuals
and government, and causes the future acts of Justice to be
deemed oppressive. — Firmness and uniformity of character then
should strongly mark the executive, and all persons commissioned
to office by the governor must make it a point of honor, by the
most faithful administration of Law and Justice (according to
their respective duties) to second his best endeavours for the pub-
lic weal.

All appointments within the Territory, not specially provided
for by the ordinance of the honorable congress, are with the gov-
ernor, and merit only can entitle a man to office. Strong and evi-
dent marks of attachment to the United States and good govern-
ment, a disposition to preserve the peace and order of society,
and harmonize contending sentiments (if such have unfortu-
nately existed) will be held by government in very honorable
estimation, and duly noticed by the executive — for this, and the
unremitted endeavours of the governor to promote your and the
national interests and dignity, I am most fully authorized to
pledge myself. The important duties of that office having been
committed to me : I feel the full force and obligation of my trust,
and believing that upon the faithful discharge thereof, must
very much depend your future welfare, I am not without the
most anxious and tender colicitude — relying however upon your
established reputation for good sense and cultivated minds — that
the due estimation of so ample enjoyment of the elegancies, and
refined pleasures of social life; and which can only be continued
under a government duely appreciating Individual, as well as

28 MISSISSIPPI TERRITORIAL ARCHIVES.

national rights, will powerfully aid the most Zealous exertions on
my part, I enter upon my duties with cheerfulness — Fervently
supplicating the agust author of our being, so to enable me at
all times to administer my various functions, as shall best merit
the continuance of confidence from the sovereignty of the United
States, and be most conducive to your happiness.

Imperious circumstances will demand that I should lose no
time to array, in a well appointed and well ordered militia, the
effective force of the Mississippi Territory, and I postpone the
same only for due information of characters suitable to commis-
sion, and your probable strength — the first I hope speedily to
obtain from an acquaintance with you, which it will be much my
pleasure to cultivate — and of those best informed of the military
regulations heretofore in observance, I have to request such com-
munications as may enable me to determine with as much accu-
racy as possible, the number of men enrolled in the militia here-
tofore, with the state of their arms and accoutrements, I shall
as soon as possible devide the Territory into districts, and make
the appointments of magistrates and other officers necessary to
the execution of process, civil and criminal, and the preservation
of the quiet and good order so essential to the very being of so-
ciety.

I am aware however that in the meantime insidious attempts
of nefarious men might for a moment disturb your repose —
Indeed the anxieties of some amongst you thereupon have been
suggested to me, but fear not, our ability is proportioned to the
occasion, and the arm of the United States is mighty.

As good citizens void of Jealousy of each other and emulous
of public good, you will keep your eye on the men of no country
whose pursuits here (under the most favorable construction
thereof) are quite problematical, and whose smallest interference
with your police, must be considered as vile usurpation any kind
of disrespect upon their 'part, to the general or Territorial gov-
ernment, will naturally lead you to suspect them as foes to our

GOVERNOR WINTHROP SARGENT. 29

peace and quiet, and the most prompt and energetic measures
should follow the first notice of their characters.

(Signed) Winthrop Sargent.

Note.

This address made at natchez august 18th 1798 to a con-
siderable collection of the Inhabitants of the Territory and im-
mediately after the publication of the act, and ordinance of con-
gress for the Government of the Mississippi Territory.

To Captain Isaac Guion.1

His Excellency the Governor was pleased to make the follow-
ing order for the apprehending of Zachariah Cox Viz.

Concord house near Natchez Mississippi Territory august
18th 1798
Sir

I have to request that you cause Zachariah Cox2 said to be in
the town of Natchez, to be immediately apprehended and held in
close custody in the fort under your command, until you may re-
ceive further instructions in the case from me, or he shall be
liberated by the sovereign authority of the United States, for all
which this shall be your sufficient warrant.

Given under my hand and seal the day and place before men-
tioned.

(Signed) Winthrop Sargent.

Mr. Cox may receive provisions for his use from the public —
but he can have no attendant in whom you have not the fullest
confidence, and communication to, and from him, must be through
the medium of a commissioned officer

Captain Commandant Guion

1 The officer in command of United States troops at Natchez, native of
New York, soldier of the Revolution, father of Judge John I. Guion.

2 A member of the "Tennessee Land Co." who came to Natchez with a
party of armed men.

30 MISSISSIPPI TERRITORIAL ARCHIVES.

To Timothy Pickering.

Concord House near Natchez1
Mississippi Territory 20th august 1798
My Dear Sir

Leaving the northwestern Territory as I did very much in-
disposed, and exposed on my way here, to all the 111 effects of a
vertical sun, the consequence had well near been fatal to myself —
I was detained at Massac a few days, where I recovered a little,
but Judging it to be of great importance I should make no delay,
I so hastened my departure, that a relapse almost unto death was
the consequence, and for a considerable time after arrival here,
my life was despaired of — so soon however as I was able to
ride out, I caused the acts for the government of the Territory
to be formally published, and made an address unto the people,
of which I enclose you a copy — to the same I expect a response
in due order, of which you will be noticed as early as possible,
and in the meantime I believe I may venture to assure you, that
my communications have been highly satisfactory, and to render
the new government generally acceptable.

My health is so much better that I venture abroad every day,
and am obtaining such knowledge of the Inhabitants, as may
best enable me to make the necessary appointments within the
government. My great source of uneasiness is the want of the
Judges — I pray God Mr. McGuire may soon arrive, or some law
character — In a court from which is no appeal, most certainly
there should be law knowledge — Judge Bruin2 a worthy and
sensible man, is beyond doubt deficient, and Judge Tilton can-
not have had more reading or experience, under these circum-
stances might it not be advisable to make compensation to some
gentleman learned in the law, to reside here as an attorney for
the United States, and Territory?

1 The old home of the Spanish Governors. Gov. Sargent was carried
there during a severe illness. The building was burned in 1900.

2 Peter Bryan Bruin was appointed one of the judges of Mississippi
Territory May 7, 1798. He was the only resident member of the Court.

GOVERNOR WINTHROP SARGENT. 31

For the absence of the secretary, though I devoutly wish him
here, I have not so much cause for regret, for you know I am
habituated to the Joint service and perplexities of two offices, but
every moment I am teazed by applications, which should be made
to inferior magistrates but which cannot be rejected without fear
of exciting disgust at government, and of course subjected to
unremitted labour to which in full health I should be unequal and
which at present is really distressing.

To one act I have been constrained since my arrival, which
will be explained to you fully by the inclosures marked A B C D
E &c upon which I request immediate instruction.

Mr. Cox was at large within the Territory and an armed
party at his command, before my arrival his coming was talked
of amongst some few disaffected persons here, and that he was to
assume the government for the state of Georgia — He is now in
close confinement, but with every indulgence that a state prisoner
should expect, for I am not disposed to torture even a criminal;
I wish ardently for the President's Instruction in this business,
as early as possible, for until I may receive it, Mr. Cox will be
continued a prisoner.

I had the honor to receive your favor of the 29th June yes-
terday in which though you mention to me the seals, you say
nothing of stationary and blank commissions, which are abso-
lutely necessary, and of which I inclosed you forms. — one seal
for each county shall suffice for the present, whether the county
offices wanting seals, be in the same person or not, and I wish you
to have two, one of them inscribed with the name of "Adams"
and the other "pickering."1

We have no printing office in this country, we are remote
from all others, and under such circumstances, I shall find it
impracticable to diffuse a knowledge of the laws, and other useful
matter without the aid of government, — a small Travelling press
sufficient for half a sheet of post paper, which would give four

1 The first two counties formed in the Mississippi Territory were named
in honor of President Adams and Secretary Pickering.

32 MISSISSIPPI TERRITORIAL ARCHIVES.

pages, would be a blessing to the people of the Territory, and I
would myself contrive to manage it if we may through your good-
ness be indulged.

I am well pleased that the secretary of war is to be consulted
relative to the powers of Colo Hawkins and myself in the Indian
department and am not over anxious for a very extensive field
to act in, — But whatever shall be my duties, I will perform and
shall admit of no interference.

The Governor of the northwestern Territory has, as superin-
tendant of Indian affairs, been a mere Cypher — Military subal-
tern officers not unf requently have exercised all his powers ; have
had their talks, and been entrusted with the Indian presents,
without consulting or paying the smallest regard to him thereby
depriving him of almost all his consequence, though as the legiti-
mate agent, all responsibility was his — I trust such conduct may
not be attempted to be practiced upon me, for without the presi-
dents express mandate in point, I shall not submit to it.

At this place the chactaw Indians frequently visit they are
sometimes troublesome to the Inhabitants by killing their cattle
&c to which as scattered over a Considerable Country, they must
be more or less always exposed — when visiting it perhaps it
might be well to endeavour to keep them in good humour, by a
little Bread, Beef, and liquor, and some trifling presents, for
which I request immediate provision, and such instructions as
may be deemed proper ; I cannot make advances myself — my own
expences will be greater than I had an Idea of — living is dearer
than I had expected, and even house rent, I find is estimated at
800 Dollars per year.

I wish you would oblige me by transmitting such of the prints
as may inform me of public transactions, at home and abroad, in
which our country is implicated.

I have the honor to be with most respectful esteem
your most obedient humble servant

(Signed) Winthrop Sargent.

The Honble secretary of State.

GOVERNOR WINTHROP SARGENT. 33

P. S. poor Williamson is dead, if he had lived I suspect he
would have given me some uneasiness by attempting to convey
and settle Georgia lands. I very much want information upon
this subject. — I beg you to take an opportunity to ask the Presi-
dent permission for my visiting the atlantic states, in the next
summer. If I shall have organized this government. — I wish to
go by way of Orleans for my health and the adjustment of im-
portant family concerns.

To Samuel Mitchell, Agent to Choctaw Indians.

Natchez septemr. 3d 1798
Sir

As you received your appointment from Colonel Hawkins who
is a gentleman of great respectability, and supposed to have mucii
Influence with the Indian nations generally and as I have not yet
been instructed, with regard to agents to particular Tribes, I
deem it advisable that you should communicate to him, if by any
means practicable — if not in events of moment, immediately to
the secratary of war, at the same time transmitting me dupli-
cates of every intelligence, in which the safety or interests, of the
Mississippi Territory are implicated.

It is material that I should understand the nature of your
appointment, and instructions, if the same can with propriety be
committed to paper; but it appears to me, that you should not
now leave the Indian country — the Idea suggested concerning
the chactaws and creeks, seems a good one but must be managed
with great address.

By whose order have you heretofore communicated with the
military commander at this post? — who is the Spanish chief
called the long king? By what authority is Garland a trader —
are the Indians attached to him, and would it be practicable and
politic to make him a prisoner, and send him to this post?

What authorities have you to believe, that the Spaniards en-
courage Horse stealing and robberies upon the natchez path?

34 MISSISSIPPI TERRITORIAL ARCHIVES.

such should be given unto me, in order to found the due repre-
sentation to governor Gayoso, and statements to the general Gov-
ernment. I need not observe upon the necessity of conciliating
all the Indians to the United States — whatever is proper will be
done upon the part of the general Government, to whom I have
transmitted a copy of your letter. — Leaving the northwestern
Territory at short notice, I am not supplied with money for con-
tingent or any purposes, but this matter I trust will soon be put
right. It is very desirable to me, and an object of national im-
portance, that I should possess correct information, of the popu-
lation of the Indians, in this southern department, particularly
specifying warriors, and distinguishing them from old men and
boys, women and children, and how situated their means of
offence and defence &c &c so far as your own knowledge extends,
or that you can obtain correct information, I hope to be gratified.

It will be well I think to be very sparing of passports for
Indians to visit white people, and to confine them to chiefs and
men of real consequence amongst the tribes, for the less we mix,
the better prospect of harmony. — Horse stealing, robberies, and
murders, may in some measure thereby be avoided, and our
friendship of course, longer continued.

It may not be amiss to let the Indians know, that for depre-
dations upon the property of white people, reparation will be de-
manded from the nation of the offender, and in case not made,
a deduction take place from the presents intended them by the
United States. — The strictest justice to them will always be ob-
served on our part. I am told by some of the military gentlemen,
that it is a practice with the Indians (coming in by permission)
to visit not only Nogales, but Natchez also, and to receive pres-
ents at both; the provision made by government not admitting of
profusion, it will be well to guard against this, so that the dis-
tribution may be as equal as possible.

GOVERNOR WINTHROP SARGENT. 35

Your courier shall be satisfied agreeably to request, and I
have nothing further to add, but that none of your communica-
tions to Captain Guion have yet been made known unto me.

I am sir

with due consideration

your obedient

(Signed) Winthrop Sargent
Mr. Samuel Mitchell agent to the Chactaws &c

To Judge Peter Bryan Bruin.

Concord House near Natchez 5th September 1798
Dear Sir

The enclosed letter so strongly marked by ignorance, as well
as impertinence, is transmitted to your honor that you may know
the writer, his attachments and connexion with the Mr. Cox
whom I have thought proper to order in confinement for such
misdemeanors as I have indicated the most treasonable intentions
toward the United States, all which I have made you fully ac-
quainted with.

I believe it material to the Interests of our nation, that he
should be immediately apprehended and constrained to give se-
curity, that he will not by word or deed endeavour to disturb
the peace and quiet of the general or Territorial governments, or
any of the citizens thereof — and if it shall appear (as I presume
it will) that he has been one of Mr. Cox's captains, that he be
held to answer at the supreme Tribunal of this Territory, or the
general government, as may be hereafter directed, for aiding
and abetting the Mr. Cox before mentioned, to contravene the
laws of the land, or otherwise be dealt with, as in your Judgment
may be deemed best.

With respectful esteem I am

my dear sir
your obedient Humble servant

(Signed) Winthrop Sargent.
The Honble Judge Bruin.

36 MISSISSIPPI TERRITORIAL ARCHIVES.

Order for Regulation of Militia.

His Excellency Winthrop Sargent Esquire the Governor and
commander in chief of the Militia of the "Mississippi Territory"
has thought proper to make and publish the following order for
establishing and regulating the Militia within the same.

All free male Inhabitants between the age of sixteen and fifty
(the officers of civil Government and appointed by the president
and senate of the United States, or Commissioned by the gov-
ernor, ministers of religious societies, that are, or may be estab-
lished, and regular educated practicing physicians only except-
ed) shall be liable to, and perform Military duty, and be equally
divided into Corps of horse and foot, and formed in the following
manner. Sixty four rank and file shall form a company of In-
fantry, Rifle men, or a Troop of horse.

To each company of Infantry, or rifle men there shall be ap-
pointed a Captain, Lieutenant and Ensign, four sergeants, four
corporals, a drummer and fifer.

To a Troop of Horse, one Captain, one Lieutenant one Cornet
Four Sergeants, four Corporals and a Trumpeter.

The whole militia of the Territory will for the present be
formed into two Legions, and to bear the names of the districts
or counties, to which they shall respectively appertain, so soon as
such shall be erected and laid off.

A Lieutenant Colonel will command each Legion, and a due
East line from the confluence of fairchilds Creek with the
Mississippi will be received for the present division of the Militia.
There shall be Legonary adjutants and quarter masters, and pro-
vided a Legion is equal to four companies, two majors will be ap-
pointed ; one to the Horse, and the other to command the Infan-
try. A sword of straight Blade (if such could be procured) and
one pistol, are to be the arms of a horseman, — A short Carabine
with a long Bayonet by enabling him to fight on foot as well as
on horse back, would render him much more useful to his Coun-
try, but from the great difficulty of procuring such within the

GOVERNOR WINTHROP SARGENT. 37

Territory, they will not for the present be demanded. Each
Trooper must furnish himself with twelve rounds of cartridges
three flints, a priming wire, and small portmanteau. The Infan-
try are to be armed and accoutred, with Muskets and Bayonets,
Cartridge Boxes, thirty rounds of cartridges six flints priming
wires, and brushes, and knapsacks.

The rifle men with good rifles, and Tomahawks, powder horns
and Bullet pouches, six flints, one pound of powder and four
pounds of Bullets, priming wires and brushes, and knapsacks.
And every person enrolled in the militia, who shall be found de-
ficient upon a muster day, in the arms, ammunition, and accou-
trements, or any of them, herein before ordered to be furnished
shall after a reasonable time given to enable him to procure
the same, at each and every time of default be fined in the sum of
fifty cents.

The officers to be armed and accoutred as the privates with
the addition only of swords for the Infantry. — The less ammuni-
tion they may have the better, for in actual service, it is to be sup-
posed that the due attention to their men would afford them but
little time for the use of fire arms.

Upon the first Saturday of each and every month and in the
afternoon thereof, officers commanding companies are to assem-
ble and parade their men at such places as they may deem best
adapted for their general convenience, and then diligently ex-
ercise them for the space of two Hours, in marching, wheeling,
firing with good aim, and the adroit use of the Bayonet for the
Infantry. The commandants of Legions, will take care that the
exercises of the companies are uniform, and the printed "regu-
lations for the order and disciplining of the Troops of the United
States," are to be received as their general guide.

They will be pleased to name four field days in each and every
year, upon which their respective commands, that can with any
convenience be assembled, must be exercised as Legionary corps,
and such days be reported to the governor, he will endeavour to
have the honor of reviewing them.

38 MISSISSIPPI TERRITORIAL ARCHIVES.

If any person enrolled in the militia, shall refuse or neglect to
appear, upon the regular stated muster, or field days, or shall re-
fuse to do his duty when appearing, he shall be fined in the sum
of one dollar for each default, except in case of absence, and when
he shall render a sufficient excuse to his Captain.

All fines are to be collected by a warrant of distress from the
captain or senior officer of a company, directed to either of the
sergeants, who may levy upon the goods or chatties of the de-
faulter, and after advertising the same for five days, if the fine
be not then paid, such sergeant shall proceed to sell at public ven-
due to the highest bidder, so much of the effects, as will answer
the fine and one dollar for his own use, — returning the overplus
if any there be, to the party who owned the property so dis-
trained. And the fine levied shall by the officer from whom the
warrant Issued, be paid into the county Treasury and appropri-
ated to the use of the Legions.

Upon any invasion of this Territory or appearance thereof or
domestic disturbances, that shall in the opinion of a magistrate
demand the aid of the militia; the commanding officers of coun-
ties, and even of smaller districts, are authorized to make such
detachments as they may deem the public exegencies to require.
— And in case of refusal to appear, and perform duty under such
authority, or disobedience, or neglect of orders in time of service,
the defaulter shall be deemed guilty of cowardice, and be tried
and sentenced by a court martial.

All officers are according to their respective duties to be
attentive to the forming, disciplining, parading and commanding
their men, and to the orders which may be given from time to
time, by the Commander in Chief or other their superior officers.
If any officer shall neglect his duty, or violate any of the rules and
regulations now, or hereafter to be made for the government of
the militia, he shall be heard tried and sentenced by a court
martial.

Courts martial may be appointed by the commander in chief,
or the commandants of Legions, but the commander in chief re-

GOVERNOR WINTHROP SARGENT. 39

serves to himself the power of approving and carrying into effect,
sentences of courts martial, whereby the punishment shall be
capital or an officer cashiered.

The free male Inhabitants above the age of fifty, are to arm
and accoutre themselves either as the cavalry, infantry, or rifle-
men (at their own option) but they shall not be liable to military
service, except in cases of actual invasion, and under the imme-
diate direction of the commander in chief.

The following named gentlemen are appointed officers of the
militia, and are to be obeyed and respected accordingly. — Their
commissions will be made out as soon as possible, and delivered
unto them by the commander in chief or the commandants of
Legions.

Upper or Northern District —

Lieutenant Colonel, Cato West Esquire,

Major of Horse Naseworthy Hunter Esquire,

Major of Foot John Girault Esquire.

Thomas Green, Richard Harrison, and

Thomas Calvit, Captains of Horse.

James Truly, Jesse Harper, and George W.

Humphreys, Lieutenants of Horse.

George Sulzer, Lacy Rumsey and James Spann, Cornets.

Roger Dixon, Tobias Brashears, and Arthur Carney,

Captains of foot.

John Brooks, James Mclntyre and Gibson Clark,
Lieutenants.

William Smith, James Davenport, and Eden Brashears,
Ensigns.

James Mclntyre, Adjutant.

Lower or southern Distract.
Lieutenant Colonel

Majors Benaih Ozman Esquire of Horse,

Sutton Bankes Esquire of foot.

Benjamin Farrar, William Moore and David Ferguson,

Captains of Horse.

40 MISSISSIPPI TERRITORIAL ARCHIVES.

Lieutenants, William Mcintosh, George Cochran, and
John Minor.

Cornets John Lintot, Hampton White, and Charles Surget.
Captains of foot, John Ellis, Adam Bingaman, and
Joseph Calvit.

Lieutenants Abraham Ellis, Daniel Grafton, and Philan-
der Smith.
Ensigns John Wall, Samuel Hutchins, and
William Dunbar Junr.
John Wall adjutant.
To the Military Characters in this List of appointments the
governor has given the highest possible proof of confidence — and
which he persuades himself can in no event ever be abused or
betrayed. Immediate attention on their part, to enroll the
militia without Delay, is expected and required. — For to pre-
serve the inestimable blessings of peace, it is absolutely neces-
sary that a people be prepared for war. — In all the old states, the
inhabitants are organized into compleat corps, well ordered and
appointed, and perhaps, only to be equalled by the best militia
in the world. — From them have been selected a choice corps of
Eighty Thousand men, to operate at the shortest notice, as occa-
sion may require, in any the most remote dominions of the United
States. To their northwestern Territory also, the enthusiasm of
military ardour, and national principal have extended — and they
need but the occasion to demonstrate their patriotism and sig-
nalize their prowess as soldiers.

It will be with the most singular satisfaction, that the gov-
ernor shall have it in his power, to report to the sovereignty of
the United States, that upon this western confine of their pos-
sessions prevails the most laudable spirit of emulation.

Given at my quarters, Concord house near Natchez in the
Mississippi Territory September the 8th anno domini 1798, and
of the Independence of the United States, the twenty Third.

(Signed) Winthrop Sargent.

GOVERNOR WINTHROP SARGENT. 41

To the Commanding and Field Officers of Militia.

His Excellency the Governor thought proper to write the
following Letter to the Commanding and field Officers of the
Militia, enclosing the order for the Regulation thereof, bearing

date September 8th 1798.

September 8th 1798
Sir,

Upon the Commanding and field officers of Corps depends in
very great Measure, the well ordering of Militia. I rely upon
your zeal that there be no delay, in the discharge of the import-
ant duties entrusted to your Execution. — I am anxious in the
extreme, that the Legions should be immediately enrolled; For
respectability amongst our white and red Neighbours, will there-
by be increased. The safety and well being of every individual
of society, demand your energy in the present Moment. Let the
men be so arranged under the officers, as shall best promote
mutual Convenience and Cordiality. And I conjure you to use
your best endeavors upon all occasions, to Conciliate and promote
Laudible Harmony.

It is a Military rule that Non-commissioned Officers (with
the Approbation of Commandants of Corps) should be appointed
by Captains: — and I would recommend a Method free of ex-
pense that has been fallen upon in the United States to Uniform
Militia officers when new clothing themselves, have determined
on Colour and fashion — They have considered their Uniforms
the highest dress, and the privates following their example have
accomplished an object, which every soldier must feel is not un-
important.

I have the honor to be
Sir
your humble servant

(Signed) Winthrop Sargent.
. P. S. I should recommend Blue and Buff as an Uniform for
the Territory.

To the Commanding and Field officers. (Circular)

42 MISSISSIPPI TERRITORIAL ARCHIVES.

Information to the Inhabitants of the Mississippi Territory.

The Governor had intended to postpone all Civil appointments
within the Territory, until by the presence of a Majority of the
Judges, he should have had it in his power, Completely to Or-
ganize this new government, and make the Execution of Process,
Criminal and Civil easy and perfectly intelligible; — but this
unexpected delay, and the many Misdemeanors which are Com-
plained of, and for the Remedy of which the whole attention of
the Judge present seems inadequate, has induced him to make

, the following appointments so disposed (according

to the best information which he has been able to obtain) as
will most promote the peace and good order of Society in the
different Settlements, and which are to be Considered, as merely
Temporary for so soon as the powers, and duties of Justices
Shall be defined by Law, Such will be appointed and Commis-
sioned.

Daniel Clark, William Dunbar, Isaac Gaillaird, John Ellis,
James Mcintosh, and Joseph Calvet Esquires, Conservators of
the peace. — Lewis Evans Sheriff for a District of the Missis-
sippi Territory, from the Southern or lower boundary thereof,
to and including all the Country between the same and a due
East line, from the mouth of fare Childs Creek, to the river
Chatahouchee, which is the Eastern Boundary of said Terri-
tory.

Cato West, Samuel Gibson, and Tobias Brashears Esquires,
also Conservators of the peace, and William Ferguson Sheriff for
the District of the Territory, which is Bounded upon the South,
by the District before described, by the Territorial Boundary
upon the East, upon the North by a due East line from the
mouth of the Yasous, to the Territorial Boundary, and by the
River Mississippi upon the West.

The before named Conservators of the peace thus appointed,
are Jointly and severally, authorized and required, to keep and
preserve the peace — To Suppress all riots and affrays, and to

GOVERNOR WINTHROP SARGENT. 43

take notice of all Treasonable or Seditious Language, and Com-
mit the Authors, unless they shall give Security for future good
Conduct and to answer for their crimes, at the first Session of
a Court of general Quarter Sessions of the peace, which shall be
holden in the District where the offence may have been Com-
mitted. Any two of the Conservators of the peace, shall within
their proper Districts, be Competent to hear Complaints of felo-
nies, and upon Testimony of two Creditable Witnesses, that a
Complaint is well founded, may issue a precept directed to the
Sheriff, to apprehend the Felon and him Commit to close Con-
finement to answer for his crime, before the Supreme Court of
the Territory next to be holden after such Commitment, within
the Said District. Two more of the Conservators of the peace
may appoint to act as Constable in their Districts, such and so
many discreet men as they may deem necessary. — and it shall
be the duty of the Constables so appointed to Execute the pre-
cepts of Single Conservators of the peace, which shall be unto
him severally directed.

The Sheriff also will consider it his indispensible duty, to
Quell all riots and affrays, and to Commit to prison (ex officio)
when the same shall happen in his view, all concerned therein,
unless they give security for their future good behaviour and the
peace, as well as to answer for Crimes so Committed before the
proper Tribunal. — He may Command to his aid, Such part of the
Posse Commitatus, in the Execution of his duty, as he shall
deem necessary, and such summons every male inhabitant above
the age of Sixteen years, and not immediately in Civil Commis-
sion, is bound to obey, under pain of fine and imprisonment. —
He shall receive and keep in close Custody, all persons Commit-
ted to him by the Supreme Judges, or, the other Conservators
of the peace, and for the faithful discharge of his duties, he
shall give Bonds to the Governour and his successor in office, in
the penal sum of four thousand Dollars.

Conservators of the peace, Sheriffs, and Constables, may take
such fees for their services, as have been allowed in the Ter-

44 MISSISSIPPI TERRITORIAL ARCHIVES.

ritory of the United States, North West of the Ohio, which rule
as well as all the foregoing regulations, are to be observed within
this Territory, until it shall by Law be otherwise directed.

The Governor further authorizes and empowers the Con-
servators of the peace, and Sheriffs to administer unto all free
male inhabitants who are Considered as permanent Residents
of the Territory, an Oath of allegiance to be by them subscribed,
as well as taken and in form following.

"We the undersigned acknowledge we owe allegiance to the United
"States of America, and we do most solemnly and sincerely swear (or affirm
"where they are Conscientiously scrupulous of taking an oath) that we will
"to the best of our knowledge and abilities, support, maintain and defend
"the Constitution thereof, — so help us God."

A Certificate of which in the following form is to be given,
unto every person taking and subscribing such oath, viz,

"This may Certify that has this day of

" anno Domini 1798 taken and subscribed the oath of alle-

"giance to the United States of America as prescribed by the Governor. In
Testimony of which I have signed my name." A. B.

"Conservator of the peace
"(or Sheriff as the case may be)
" District "

The Power of administering the oath of allegiance, is limited
to the 30th of October next, upon which, Conservators of the
peace, and Sheriffs are to make report of such as shall have
taken the oath, to the Governor. The Certificate given to Indi-
viduals, that they have taken the oath, should by them be care-
fully preserved, as it has been provided by Congress, that Aliens
may be Banished the Country.

Given under my hand and Seal at Natchez this 9th day of
September, Anno Domini 1798 and in the 23d year of the In-
dependence of the United States of America.

(Signed) Winthrop Sargent —

GOVERNOR WINTHROP SARGENT. 45

To Andrew Ellicott.1

Natchez Sept the 10th 1798,
Dear Sir

I yield no credence whatever, to the Union and Combination
said to have taken place with the four Nations of Indians, and
by Mitchell whom you must know, I am informed the Chactaws
are friendly to the United States, and very inimical to the
Creeks, — The Chickasaws only attended upon a late invitation
to them, the Chocktaws, and Cherokees, but was it otherwise, it
Certainly would be impolitic in us under present Circumstances,
to make opposition unto them at the line by force of arms — Our
present appearance there even you alone, would be enough to
demonstrate that We are in earnest, to Complete the Boundary, —
and I am persuaded that under such impressions no attack can
be made upon you, unless after a formal Message to desist from
the operation you should Continue at Business, which it seems
to me would be highly improper.

The American and Spanish Troops with you I should sup-
pose were fully equal to the Protection of your Horses, and
Cattle against Marauders.

I have Communicated your Letter to the Commandant of the
Regular Troops here, who has not the power to add to your pres-
ent number of Men.

General Wilkinson will arrive in ten days Certain, and I will
make him acquainted with the Subject of yours, and deliver the
Letter entrusted to me.

I thank you for your obliging favour of the 4th. My present
engagements which are indeed Numerous, and pressing, permit
not such attention as I would wish to bestow upon it and you
at all times.

I can not however close without Congratulating you, that the
old and illustrious Commander of our Armies, has again re-
sumed the sword, and his Example has been followed, by a whole

1 The boundary commissioner for the United States.

46 MISSISSIPPI TERRITORIAL ARCHIVES.

Train of Worthies. — Knox, Pinckney, and Hand, Major Gen-
erals,— Hamilton Inspector, and a whole host of Brigadiers. —
Military ardour beats high, in every Breast, and the whole Amer-
ican World are in Arms; French Privateers bringing in by our
American Cruisers. The President is authorized to Banish
Aliens, as he shall think proper, and I have seen the Skeleton
of a Pretty Comfortable Sedition Bill, which has just passed the
House.

With very respectful esteem,

I have the honor to be your friend, and
humble servant,

(Signed) Winthrop Sargent.
The Honble Andrew Ellicott.

To Timothy Pickering.

Natchez Sept- 18th 1798
Dear Sir

I herewith transmit unto you, the Copy of a Letter from a
Mr. Mitchell appointed an agent (by Colo. Hawkins) I presume
to the Choctaw and Chickasaw Indians, with my response.

I received also yesterday a Letter from Mr. Ellicot, with in-
telligence from Governour Gayoso, officially Communicating to
him through Major Minor the Spanish Commissioner at the line,
that the Creeks had banished Colo Hawkins from their Nation,
and Combined with the Choctaws, Chickasaws, and Cherokees,
to oppose the Completion of the Boundary, upon which he has
been employed. He suggests to me a wish, that his escort may
be augmented, but believing that the American and Spanish
Troops already ordered are adequate to protection of their horses
and Cattle, against Marauders, and that no attack would be
made upon them unless in case of obstinately Continuing at the
Business, after the same should be formally prohibited, I have
so wrote him, and farther, upon a Conference with the Military

GOVERNOR WINTHROP SARGENT. 47

Commandant Colonel Hamtramick, that he had no Power to add
to his present guard, but that his wishes should be communicated
unto General Wilkinson, who is expected here in Ten days.

A Mr. Vidal Quondam Secretary to Governor Gayoso, and
who has been left at this place — in Character of Consul not
acknowledged however as I learn by the President as yet, waited
upon me this morning by desire of the Governor, to Communi-
cate in Substance the same information, that had reached me
through Mr. Ellicott, and Major Minor, with no more Addition —
but that the Spanish Agents had exerted themselves in Vain to
oppose the hostile disposition of the Indians, declaring unto them
that any attack upon the Line, would be Considered as War
upon Spain, as well as the United States, and followed by their
Utter Ruin; It would seem also from Mr. Vidals information
that the Creeks though Disgusted with Colonel Hawkins, have
a patiality to Mr. Seagrove.

Unacquainted as I am with all the Indian Concerns in this
Southern Department, without information of the Characters,
or even names of the Agents unto them, destitute of resources
to send unto them even a Messenger, or make them the smallest
present and the suggestions in your favour of the 18th of May,
that it would be expedient to leave the General Superintendency
of Indian Affairs to Colo Hawkins &c place me in a most em-
barrassing situation — Something should be attempted imme-
diately with the Creeks, for it appears to me they will otherwise
cause us much Trouble, and I trust e'er this, if Colonel Hawkins
has left them, that another Agent has been appointed. A small
Garison and Trading houses, in the Choctaw Towns, would no
doubt produce very happy effects — We live here only upon suf-
ferance and their good will, our Settlements are scattered over
a great extent of Country and not to be defended — Our whole
Militia free male Inhabitants from Sixteen to fifty years of age,
may amount to eight hundred men, — and I have taken meas-
ures to organize them without delay — nearly half the number
will probably be mounted, — From the Continued Absence of

48 MISSISSIPPI TERRITORIAL ARCHIVES.

the Civil Officers of Government, we really suffer extremely, —
and I am the Veriest Slave in the World. — Every day and hour
Multiply Complaints, some of them amounting to felonies and
very high Misdemeanors ; I have been Constrained to some Civil
appointments, and to define the duties thereof, which was the
province of the Legislature; and am to be Justified only by the
imperious necessity existing.

There seems to be an opinion Still prevailing (I know not
upon what ground) that Louisiana will be added to the French, —
For such a Government the Creoles, who are very Tolerable Sol-
diers would I am persuaded fight. — The whole number that
might be embodied, from the same on both sides the Mississippi
to the Balize, would amount I am told to about Two thousand
five hundred, armed with smooth Bores, and without Bayonets, —
Their slaves are said to be as four to one.

This Communication is made unto you Sir, to enable you to
form a Judgment of the due provision essential; with all defer-
ence I take leave to suggest an opinion, that a Body of Volun-
teers might be raised in Tennessee, Kentucky, and the North-
western Territory, upon a promise of Land to prevent the pos-
session of Louisiana by the French, in Case the Spaniards should
be disposed to Cede it. But early arrangement and sudden Ex-
ecution should be provided for, as a Fleet and Army at the Balize
perhaps possessing the whole lower Country might accompany
the first intelligence of the Cession, — a few French Troops with
a Cordial Co-operation of the Spanish Creoles, and arms put into
the hands of the Negroes, would be to us formidable indeed, —
The Indians (now I fear Wavering) would be enduced to join
them and in the aggregate Constitute an Enemy, by no means
Contemptable to the United States. Believed it the intention
of our Government to Cultivate a good Understanding between
the Citizens of this Country and the subjects of his Chatholic
Majesty, I have granted passports to all good men, requesting
the same to pass the line, — To such I believe generally due atten-
tion has been paid, but in some Cases Commandants have in-

GOVERNOR WINTHROP SARGENT.

formed me, that our Citizens could not be admitted, but by
special order from Governor Gayoso, to whom I have signified
the friendly disposition of the United States, but there must
be reciprocity in all things. — This through his friend Mr. Vidal,
for I have not yet found it necessary to make unto him a direct
address. The Spanish Treaty (it seems to me) provides for
chese Traders going into the Southern Indian Nations within
the United States, but till otherwise instructed, I shall make it
a Point, to place them under the same regulations, as our own
Traders. I am &c

(Signed) Winthrop Sargent
The Honble Secretary of State.

To Andrew Ellicott.

Natchez September the 18th 1798
Dear Sir

I have received and read with very particular attention your
favour of the 15th instant — and not at all approving the Method
you would pursue in regard to Mr. Freeman,1 I express the same
I assure you with great reluctance, for I have in truth very much
respect for your Judgment.

Though Mr. Freeman is an officer of the General Govern-
ment, yet in the very nature of things, he is subordinate to you,
and for sedition, Indolence, or Incapacity, there can be no doubt
of your right to suspend, and Banish him your Camp.

Should he make any formal Complaint, it would probably be
to the Heads of some of the great Departments of State, unless
he should be mad enough seriously to prefer unto me, those idle
Tales that you have informed me of, which in your situation I
should Laugh at and despise. — Yes Sir, I should believe your
Reputation so firmly established, as not at all to be affected, by
Vague insinuations, or unsupported assertions.

1 Thomas Freeman, surveyor to the Boundary Commission.
4

50 MISSISSIPPI TERRITORIAL ARCHIVES.

It would be enough I presume for the sovereignty of the
United States, and all your friends, that you simply Contradicted
such reports however speciously made, or industriously Circu-
lated— and for myself also for you, I would deem it a most undue
Condescention to enter upon Defence, under any the Vilest Cal-
umnies, till called upon by the legal authority.

I am I assure you, with the most perfect Confidence in
your attatchment to the United States,
Your friend and humble servant,

(Signed) Winthrop Sargent.
To the Honble Andrew Ellicott
Commissioner &c

To Manuel Gayoso De Lemos.1

Natchez September 18th 1798
Sir

In full faith of your Excellencys disposition to render ample
Justice unto all men, and reciprocating the very friendly inten-
tions of the United States to his Chatholic Majesty's subjects,
and Interests — and having no knowledge of an Agent at the
Port of New Orleans duely authorized by the President to seek
redress for injuries sustained by the Citizens of America, I
believe it encumbent on me to make application unto your Excel-
lency that Francis Mitchell, Accused of having Piratically, dep-
redated the ships and Citizens of our Republic, in an armed
Vessel called the Henricque, should with his prize be arrested,
and detained to answer unto the said Citizens (or their agent
duely authorized) for his reiterated Piracies, as well as for so
flagrantly Violating the Laws of Nations.

In support of the Charges against Mitchell, there have been
transmitted unto me Certified Copies of depositions made by
himself and John Durand a French Mariner, in the Consulate

1 Spanish Governor of Louisiana, formerly Governor of the Natchez Dis-
trict, just before the transfer to United States.

GOVERNOR WINTHROP SARGENT. 51

at Charles Town, and which as I am assured, your Excellency
has already been furnished with the same, I forbear to trouble
you with.

It is as unnecessary for me to draw your Excellencys atten-
tion to the articles of the Treaty of Amity, between our sover-
eigns and in Point — as I flatter myself it is to assure you of
my zealous inclination at all times to yield most Prompt attention
to any representations, which in the Contingency of events,
your Excellency may hereafter have occasion to make, and in
which your own or the Interests of any of the subjects of his
Chatholic Majesty may be implicated.

With the most unfeigned aspiration for your
Excellencys health and welfare
I have the honor to be
your Excellencys
most Obedient humble servant

(Signed) Winthrop Sargent
His Excellency

Don Manuel Gayoso De Lemos, Governor of
Louisiana, &c &c —

To Manuel Gayoso De Lemos.

Natcheze 28th of September 1798
Sir

Presuming upon that "inviolable peace and sincere friend-
ship" so happily established between his Chatholic Majesty, and
the United States of America, I hesitate not to request of your
Excellency that Zachariah Coxe who had been imprisoned within
this Territory for the most atrocious Misdemeanors, some of
them tending to involve the United States in a War with Spain,
and who made his escape on the night of the 26th instant, under
Circumstances so base, as extremely to aggravate his guilt to men
of honour, and who is said to have taken the way to New Or-

52 MISSISSIPPI TERRITORIAL ARCHIVES.

leans may be arrested if he is found within your Excellency's
Government, and delivered over to a Military Escort from the
Troops of the United States, which General Wilkinson has as-
sured me, he will order to be at the National Boundary, to re-
ceive him, whenever it may best suit your Excellency's con-
venience, and pleasure. The Compact Sir Subsisting between our
Nations, has most happily provided for rendering ample Justice
at their respective Tribunals, to the subjects and citizens of
either, — in the recovery of the smallest property — Payments
of even trifling debts, and damages of what nature soever,
that may have been sustained by either party, whether the
Causes of Complaint, be against our own Citizens or subjects,
or Foreigners who have taken refuge within our Domains.

With such Generous, such liberal provisions, for matters
which certainly can be of no very great National Concern, we
must Necessarily infer, that our Sovereigns have never intended,
an Asylum for Criminals within the Realm. Mr. Coxes Conduct
Cannot be investigated but in the Territory of the United States
— if therefore your Excellency should decline to give him up,
(which I can not believe possible) it might have the fatal ten-
dency, to Countenance and encourage every species of Vilainy
within our respective Governments, for it would foster the hope
of impunity, amongst the most abandoned Men. To establish
as sacred and immutable Truth, that first article of the Treaty
now subsisting between our Nations, I fondly hope your Excel-
lency and myself, shall pass no occasion of cementing the Public
Amity, by the mutual exchange of good offices, — The delivery
up of Mr. Coxe will rank high in this order, and be Considered
as rendering very eminent service, to the United States and all
good Government, On my part I shall but wait an opportunity
to Demonstrate equal Accommodation, and follow the Example
of your Excellency. If Mr. Coxe Sir who is the subject of the en-
closed, should not be within your Excellencys Government, or if
from any cause I am to fail of success in my present application,
I have to request the same may be received in Confidence, as an

GOVERNOR WINTHROP SARGENT. 53

Unnecessary alarm to him could produce no good effects What-
ever.

I am most respectfully,

your Excellencys,

very humble servant,

(Signed) Winthrop Sargent.
His Excellency

Don Manuel Gayoso De Lemos

Governor General of Louisiana &c

To Timothy Pickering.

His Excellency the Governor wrote the following private
Letter to the Secretary of State, and deems it necessary to be en-
tered in the Journal.

Natchez 29th of September 1798
Dear Sir

I do myself the honor of enclosing you Copies of two Letters
to Governor Gayoso, because I calculate for your observations
thereupon to my future Government.

Three or four of Coxes Coadjutors, men descending the river
with him were immediately apprehended upon his Escape, by
precept from Judge Bruin, and have been Committed to the Fort,
where they will probably remain, until we hear more of the
Principle — The Judge is indefatigable and Meritorious, but for
the want of another Judge we are wretched, — The people smart-
ing from our delinquency, will become restless, and I tremble
for the Consequences — Huchens1 and some others it is hinted to
me are again busy — some Memorial to Congress probably —

My own reputation is already at stake, and every moment

encreases my hazard — I have been Constrained by imperious

Necessity to attempt something like regulation, for the Militia,

and to appoint Conservators of the peace and define their duties,

1 Anthony Hutchins, who was a very active opponent of the Sargent
administration.

54 MISSISSIPPI TERRITORIAL ARCHIVES.

— My doings therein, are enclosed No. 1 and 2 — and after the
30th of October, the time limited for the Conservators to admin-
ister the Oath of Allegiance, I propose to make an order to pre-
vent Aliens Traveling the Territory, without passports from
myself or the said Conservators.

Of late I hear no more of the Indians meaning to oppose our
running the line, — Governor Gayoso indeed wrote a Confidential
friend here as though he believe they would not, at least, until
it had progressed to the Mobile. — He has seemed very anxious
to have me Commence with him a Correspondence. — He has ex-
pressly to some, and indirectly to others, proposed such a wish,
and I have gratified him as the enclosures shew, when the inter-
ests of my Country seemed to demand it — as you know the
man I forbear all observations upon him.

My anxious solicitations, that the Civil officers of Govern-
ment may be immediately sent out, I again reiterate, for so I
am in duty bound.

For the Laws1 of the different states, I repeat my request, and
for seals, stationary, and blank Commissions also. The absolute
Necessity for more perfect arrangement in the Indian Depart-
ment, must be so very obvious, that you will excuse my dwelling
upon the subject in all my Letters. — I am by Law the Superin-
tendent,— I know nothing of Indian affairs, — I have been two
months nearly in the Territory, and not the smallest Commu-
nication made me from the Military thereupon. — The Secretary
of War it seems has Committed the whole Business to them at the
hazard Certainly of very great abuse in some Cases to the Inter-
ests of the United States, for even Noncommissioned Officers,
if I have been rightly informed have had authority, to Misapply
the Public Bounty. — I would Certainly have no objection to
Vesting all Indian affairs with the Military, save for the Law of
the United States, in point to which, I must take leave to suppose,
the Secretary pays no attention, but whilst this Law is in force,

1 The organic Act of Mississippi Territory required the Governor and
judges to act in a legislative capacity, copying or following the existing laws
of the States.

GOVERNOR WINTHROP SARGENT. 55

I have duties in that line not to be dispensed with, and totally
out of my power to Execute under present arrangements. — It
is said goods &c are absolutely Necessary at Military Posts to
Conciliate the Indians — Granting this, would it not be proper
that the persons having charge thereof, should account with the
superintendent for their distribution ; Such method amongst many
other good Consequences, would prevent the impositions, which
I am informed are practiced by small parties or Individuals,
having nothing else to do, going from Post to Post, and receiving
at all, to the very unequal Division of the Bounty of Congress —
If Conciliation be the intention, and effect of our presents, it is
perhaps not unreasonable to ask that they may be made some-
times at our advanced Settlements, where Distributed with Judg-
ment, they might have the effect to save from ruin every year a
number of families who are on the road of the Indians, in their
Visits to our parts, and literally eaten out of house and home
by them. — Those distressed people, their Complaints &c are
unknown to the army, and the only possible preventives to there
distress (presents) are not in my Command; — even to offer a
Pipe of Tobacco to the Indians. I must solicit the Military officer,
who perhaps might be only a Corporal. — But I will add no more
upon the subject, persuaded that you will give what I have writ-
ten due weight, and that I shall either be relieved, from all re-
sponsibility in Indian Concerns, or made more than a Nominal
Superintendent. One more matter only will I trouble you with at
this time ; War may be suddenly brought unto us in this Country,
and a Co-operation of regular Troops and Militia become Neces-
sary— I have the Public interests very much at heart, and I have
the feelings also of a soldier, — I wish to provide for Contingen-
cies— Within the Territory I have no doubt of my right to Com-
mand, but the whole Militia might advance beyond the Line, —
There could not be two heads to an army without Constituting the
greatest of Monsters, I should believe in my own Legitimate right
to Command ; a different sentiment might prevail with the Com-
mandant of the regular Troops, Whether a General Field Officer,

56 MISSISSIPPI TERRITORIAL ARCHIVES.

or Ensign, and the Consequences be most disastrous — Indulge
me as I request you with advice, if no rules can be obtained.

General Wilkinson arrived the day before yesterday. — He
has done me the honor to ask my opinion, upon the propriety
of remaining here or descending the River — To prevent his men
from debauching, and being debauched, as well as other reasons,
good and perhaps of more National importance, I have recom-
mended to him, to take Post at or near some heights, Elevated
three hundred feet above the Mississippi Commanding the River,
and Called Loftis's Cliffs — They are almost seven Miles above
the Line — and I suppose the Troops will descend on the morrow.

It would be well I think immediately to establish a revenue
office here — Foreign Rum, Sugar, Coffee &c, are Consumed in no
inconsiderable Quantity. — Is it not a Material Business to ap-
point Inspectors of our Staple (Cotton &c) or if there be a Power
with the Executive for such arrangements, and the (which)
might be made of some Emolument to me, it would help me in my
Disbursements, to which my pay is quite inadequate.

I feel it very unfortunate for the Territory, that no means are
provided, for regular Communication with you — a few Block-
houses upon the way to the nearest Post Office, or some arrange-
ment that might be made with the Indians, for facilitating our
dispatches, would be highly usefull, at present I have reason to
believe, that almost all our parties, are robbed upon the way
through the Indian Country.

By desire I transmit the appointment of the Spanish Consul
here, and wish the Presidents instruction thereupon.

I have the honour to be
Sir

your very humble servant

Signed Winthrop Sargent

The Honble Secretary of State

GOVERNOR WINTHROP SARGENT. 57

To Timothy Pickering.

Natchez September 29th 1798
Sir

So soon as the Judges arrive, I propose to make a Division
of the Territory, into two Districts or Counties — The Villa
Gayoso Twenty miles above Natchez, I propose for the seat of
Justice in the upper District — There are a sufficiency of public
buildings there for Court purposes, which with a Body of Land,
say two hundred acres, seem to me to have been the property of
Spain, though a Mr. Green pretends to claim it. — The Military
at present hold it, by a Noncommissioned officers guard, for the
United States, — At Natchez which should be another County
Town, is a Roman Chatholic Church, which would make a Con-
venient Courthouse, but having been Consecrated, it would Vio-
late the feelings of about a Dozen of families of the Holy Chatholic
religion, be disagreeable to our Neighbours as it was built by the
King of Spain1 — has always been used for sacred purposes, and
therefore in my opinion would be unwarrantable — The Expenses
of Jails and Courthouses in this County, will be very great —
Jails however must be built ; at the Villa Gayoso the appropria-
tion of the public Buildings, for Civil puposes, would be a very
great accommodation, and they can not be of any use whatever
to the army. — The same are from the Mississippi about a Mile,
and seventy miles above the National Boundary. — In the town
of Natchez, is a house United States property, having been built
by the King, as an appendage to the Church, and which would an-
swer for a Courthouse — It is full half a Mile from any of the
Fortifications, — Is in the Center of the Town, and being empty
upon Captain Guions arrival, has ever since been by him occu-
pied— Natchez the General informs, will immediately be Evacu-
ated almost by the Troops, only a Subalterns guard left, but there
seems a reluctance upon the part of the Military, to Yield these
possessions — They appear to suppose themselves the proper

1 Claiborne's "Mississippi," at page 208, distorts this expression into a
desire to seize the Catholic church at Natchez for use as a courthouse.

58 MISSISSIPPI TERRITORIAL ARCHIVES.

guardians of public property — I have always myself believed
the Governour should be the Guardian of all Lands Buildings &c
not actually appropriated by special order of Government, or
coming into the possession of the Military, by Cession as actual
Posts, or appendages to Forts &c — and it might be observed,
that the Troops may be called off, and Buildings in Consequences
go to Ruin, Whereas the Civil Government always remaining,
would Continue its care and protection.

Those Buildings will I trust, very soon be in demand for the
purposes before mentioned, and you would very much serve the
Territory, by informing me as soon as possible, of the pleasure of
the Executive in Point.

I am &c &c

(Signed) Winthrop Sargent

The Honble Secretary of State.

To James Wilkinson.

Natchez 30th of September 1798
Dear Sir

From the examination taken before the Board of Officers,
which you have done me the honour to make me acquainted with,
it appears, that Coxes escape, has been produced in Consequence
of an almost total inattention, to my request which Certainly in
his Case should have had all the effect of order.

The measures taken by you and myself, both before and since
he was made Prisoner, will leave no doubt with the President,
when he shall be made acquainted therewith, that we have hith-
erto sacredly regarded our duty, but as the Business at present
stands, suspicions of Collusion somewhere, will be harboured in
the public mind.

In addition to my request to Captain Guion which was com-
mitted to writing, and of the propriety of exact Compliance with
which he seemed fully impressed, I have denied unto every man,

GOVERNOR WINTHROP SARGENT. 59

even persons in the Character of Gentlemen, any Communication
whatever with Coxe, and signified all this in most express terms,
to the Military. — of Captain Guions Zeal and Judgment we
neither of us I believe doubt, but in the most favourable Con-
struction of the Catastrophe, we must presume there has been
an unpardonable Omission somewhere.

Some of Coxes adherents were apprehended immediately,
upon his escape, and are now in Confinement, under a precept
from the Civil Authority. — Judge Bruin will be good enough to
give your Excellency their names, and as you have the means
through some of the men under your order from Smith Land,
to ascertain the Characters, and Connexion of them with the said
Coxe in his Nefarious proceedings, I must trouble you for such
information, as will best determine how they are for the present
to be disposed of.

With respectful Esteem I am,

your Excellency's most Obedient Servant

(Signed) Winthrop Sargent

His Excellency General James Wilkinson.

Proclamation.

By His Excellency Winthrop Sargent, Governor

of the Mississippi Territory.

Whereas it has been represented unto me, that certain persons
within this Territory, have presumed to make surveys upon the
Lands of the United States, and also within the Indian Boundary,
marking trees &c with a View to Settlement, and in some in-
stances, that they have actually established themselves upon such
Lands, much to the Public wrong, and in flagrant Violation to
the preventive Laws for such cases made and provided — Be it
Known Therefore, that I have thought proper to issue this my
Proclamation most possitively prohibiting, all such practices,
upon penalty of fine and imprisonment and declaratory also of my

60 MISSISSIPPI TERRITORIAL ARCHIVES.

full determination, to cause to be prosecuted all those who shall
continue upon any of the Lands which may be within the dls-
cription herein before made, after this Public Notice.
Conservators of the peace are requested to report to the Gov-
ernor, all Cases of Violation to the Letter and Spirit of this Proc-
lamation, which may Come to their Knowledge.

Given under my hand and Seal near Natchez
Territory aforesaid October the fourth anno-
Domini 1798, and in the 23d year of the Independence
of the United States of America.

(Signed) Winthrop Sargent

To James Wilkinson.

Mississippi Territory
Concord House near Natchez 6th October 1798
Dear Sir

In reply to your favour of the 2d instant which did not come to
hand untill last Evening, I transmit you an Extract from the
Ordinance of Congress for the Government of this Territory,
which is in Point to your Queries, but I fondly hope there will
be no objections upon the part of present Claimants, to your
taking ground for Camp, Fortifications, and the Necessary Tim-
ber, for building or firewood. — If otherwise I should deem a
fair and legal appraisement proper.
I am Dear Sir,

With respect and esteem, &c

(Signed) Winthrop Sargent
His Excellency Genl Wilkinson

"Should the Public Exigencies, make it Necessary
"for the Common preservation, to take any persons
"property, or to demand his particular services
"full Compensation shall be made for the same."

GOVERNOR WINTHROP SARGENT. 61

To George Matthews. ,1

His Excellency the Governor received from General George
Matthews, a Letter dated the 11th October 1798 to which he was
pleased to reply as follows

In reply to General Matthews's Letter of the 11th inst (this
moment received) the Governor has to inform him that he knows
of no right in any Company to Lands within the Mississippi
Territory, and that as Guardian of Public property, he will con-
sider it a duty to prevent all intrusions on the same. Any sup-
posed rights of Georgia, or Individuals claiming under that state,
though not impaired by the establishment of the present
Government, yet must in the opinion of the Governor be sus-
pended for the decision of an important previous question by the
Commissioners, who have been provided for in the first article,
of an Act of the Honorable Congress for establishing the Govern-
ment of the Mississippi Territory.

The Governors Respects to General Mathews

Saturday October 13th 11 O'clock A M. 1798.

General Mathews —

To Officers of Cavalry.

His Excellency the Governor having received an address from
the Officers of the Southern Sub-Legion of Cavalry on the sub-
ject of an Uniform &c. was pleased to make the following reply,
on the 14th of October 1798.

To the application of the several Officers upon the subject of
an Uniform for the Militia, the Governor Observes, that he can
not make any objection to Blue and red, or indeed any facings,
provided the National Ground be preserved — He mentioned the
Blue and Buff, as it had been the uniform of the General Staff,
and as a mark of distinction from the Regular Troops.

•George Matthews, ex-Governor of Georgia, who came to Natchez in the
interest of the "Georgia Land Co."

62 MISSISSIPPI TERRITORIAL ARCHIVES.

It would be well however, that the Officers of the two Legions,
should Concur in the Uniform, and the Governor will be satis-
fied in the result. — They will be good enough to make it known
to him as soon as they can, and he trusts, no time may be lost in
enrolling the Militia.

To James Wilkinson.

Concord House 16th October 1798
My Dear Sir

The information of your passing to the Line has delayed my
acknowledgement of your favour of the 11th instant to the pres-
ent moment.

I consider the arming of the Militia below as a Consequence
of your Excellencys arrival, and my disposition within the Terri-
tory.

So soon however as the enrolment (to which I suspect much
insidious opposition from a few base and designing men) shall
have been effected, I propose to have on paper at least, a select
Corps equal to one half the efficient force of the District, well
armed accoutred and officered, and to act upon the Shortest
Notice.

This Corps shall be called into Service, so soon as you will
signify the seeming absolute Necessity therefor, Notwithstand-
ing I have not, as I believe already informed you, been instructed
in Point. — With them I propose to Myself to take the field, and
Co-operete with your Excellency.

I can have no Objection Sir, to giving you my Opinion in
favour of fortifying without delay, at Loftis's Cliffs, the Idea of
the Minister at War which you did me the honor of submitting
to me notwithstanding for to postpone for the result of his de-
liberations might not only be Hazarding those Important Cliffs,
but the whole Territory beside.

Your sick list seems to me alarming, and I regret very much
for your officers ; poor Lovelle1 in a very special manner. — 1 think

1 Brigade Major under Wilkinson.

GOVERNOR WINTHROP SARGENT. 63

he has innate worth which endears him to all his acquaintance,
and your Excellencys notice and estimation, must establish his
Military fame.

I rejoice much at your Continuance in health, this appears to
me of so very much National importance, that I press you not
to remain too long at the Cliffs;1 Visit this post Occasionally, I
intend removing to Natchez where I have taken a house, in a
few days, and where it will give me great pleasure to accommo-
date you. My leaving Concord seems a matter of public Neces-
sity, I expect another of the Judges shortly, and it will be proper
for a Considerable time that I be with them — Such an arrange-
ment I find upon Calculation, must Considerably increase my ex-
pences, and I believe we both find the public provision inadequate
to our demand. Indeed I should have found myself a good deal dis-
tressed, but for the facility which has been afforded me from
the Quarter Master's Department, under your Excellencys order,
and in removing to the Natchez, I shall take leave to draw upon
the same source, but if it meets not your full approbation, I shall
Cheerfully and immediately reemburse the expense.

Mr. King will either hand you this, or be with you on the
Morrow — I can add nothing to what I have already said to you
upon his Character.

When shall we, I mean when will you set about obtaining a
Sketch of the Roads?

Be good enough to give me the information Requested, rela-
tive to the Characters of those of Coxes crew in Confinement, as
it is quite time they should undergo an Examination, and if
their crimes are of the Nature to admit of Bail, that it should be
received. Will you give me your opinion upon the propriety of
my hiring an Indian Interpreter here, and if you have not made
such provision as may enable me by presents to Conciliate in
some Measure our Red Brothers, until I shall receive instructions
thereupon from Government, I have to request you would cause
the due arrangements. Mitchell, from the Choctaw Nation, who

1 White or Ellis' Cliffs, below Natchez.

64 MISSISSIPPI TERRITORIAL ARCHIVES.

left this the day before yesterday, alarmed me with the report of
2.000 Indians on their way to War with the Cadeans,1 and intend-
ing to pass the Mississippi, at or near this place, with the expec-
tation I should furnish them with provision and ammunition,
which you know is expressly Contrary to our Treaty with Spain,
and I have instructed Mitchell to use every method to divert
their Intention. — From report I should expect them here imme-
diately, and they will certainly very much distress our settle-
ments.

I am your affectionate friend,

Signed

Winthrop Sargent

His Excellency General Wilkinson

To Timothy Pickering.

Concord House October 17th 1798
Dear Sir

I have already transmitted unto you Copies of my applications
to Governor Gayoso, respecting Mitcehell the Pirate and Mr.
Coxe, and now do myself the honour to enclose his response,
without any Animadversion thereupon. I enclose also, and open
for your inspection, a Letter &c to my friend Mr. Ross, for really
I have not time, Otherwise, to make unto you, the Communica-
tions therein Contained — I dwell no more upon the absence of
the Judges, though the same distresses me and the Country in
the extreme.

A Considerable number of Choctaw Indians are expected here
on the Morrow — their numbers said to be one thousand, and who
Calculate I am told, upon Receiving ammunition from me to War
with the Indians over the Mississippi — This Circumstance very
much embarrasses me, and their presence will be distress-
ing to the Inhabitants of the Territory — The ammunition the
(they) can not have, and for want of Funds, I am without an

Indian tribe of Louisiana, west of the Mississippi River.

GOVERNOR WINTHROP SARGENT. 65

interpreter, and can not therefore make my denial so easy to them
as I could wish — I trust all due provision will soon be made — at
any rate I must put an interpreter upon pay — and as the Season
of Indian Visits is at hand, I shall repair to Natchez for the Win-
ter, that I may prevent those excesses which so often happen, at
all places of great Indian Resort. — This will much increase
my expenses, for house rent is three hundred Dollars — as an
Office and a Council Room will be included in this, is it not proper
my dear Sir, that such expense be passed to the Account of the
United States, for really I cannot well bear the Burthen : my dis-
bursements are already enormous, and without Relief in some
way or other, I shall be obliged to leave the Government, or be
pecuniarily distressed to the extreme.

It is a very, very long time my dear Sir, since I heard from
you — The last Volume of Laws is much wanted, — General Wil-
kinson has a Copy which he received from the Secratary at War.

With every Sentiment of most

Respectfull Consideration and Regard, I am
My Dear Sir,
very affectionately your friend

and humble servant
(Signed) Winthrop Sargent
P. S.

I have broken the Seal of this letter to enclose an Indian Talk
— I know not as yet what may be the Result

The Honourable Secretary of State

To James Ross.1

Mississippi Territory Oct. 17th 1798
My Dear Sir

Your favour of July was delayed until the last month by a

seeming kind of fatality to all dispatches for this Country — In

our present Critical Situation Communications should be Certain

1 United States Senator from Pennsylvania.

66 MISSISSIPPI TERRITORIAL ARCHIVES.

and Expeditious — I have very humbly proposed two Ways for
facilitating the passage of Letters. — Perhaps they are both re-
jected for I heard nothing farther thereupon — I Trust however
my dear Sir, that the very great importance of the Business to
the United States, and the interests of a whole Government will
not escape your Attention — Vigilant as you always are for the
Public Weal, I Confidently Calculate upon your services for this
Country at all times. — Feeble as is our situation, and upon the
very Confines of the United States, with jarring interests
amongst the people we require the Parents Fostering care — A
speedy adjustment of the Land Claims, upon Principles Similar
to those adopted for the North Western Territory and the same
Provisions for Seminaries of Learning, and Religious purposes,
together with Encouragement in Judiciously Settling the Coun-
try, would have a most happy effect. — It being a frontier very
much exposed, to Invasion through the Spanish Dominions, and
also to the Indians, should perhaps in sound Policy, obtain for us
some Special Indigencies. — Our numbers are very small, and
I believe we shall not enrol in the Militia more than eight hundred
men. — They have such Variety of Interests, and Opinions, that
I almost dispair of P.econciling them to each other, or Concen-
trating all their good Will to our Government. — The men of
property however I must rely upon, and my best exertions to the
Public Weal shall never be wanting. But the absence of the
Judges is a most deplorable Circumstance to us all — I am Con-
strained sometimes to Measures in Consequence thereof, that im-
perious Necessity only can Justify — They will no doubt be no-
ticed by the discontents, of which here are more than a few, and
amongst them some most unprincipled Scoundrels. — The worst
Construction is insidously given by them to every act of the
General Government, and my Character and Conduct not unfre-
quently most grossly Misrepresented; Prompt and energetic
Measures will be taken so soon as they are fully known, — But
they manage with great art and address. — I am truly sorry to
suspect Mr. White to be of this party — from his standing in life,

GOVERNOR WINTHROP SARGENT. 67

and his assurances to me within the Territory, I had hoped the
best from him; He is however it is said establishing himself
below. — This man and also General Mathews, are of Coxes ac-
quaintances, I mean not to charge them with being his acces-
sories, but the countenance given him by both here, was Certainly
improper. — My friend Colo Pickering will make you Acquainted
with my proceedings in regard to this troublesome man, and I
persuade myself I shall stand acquitted of undue zeal to my sov-
ereigns. Your suggestions in regard to Minor, indeed all your
Communications I respect, — We are acquainted, — It might be
improper to add more, under such precarious Conveyance as is
afforded me —

If some Compensation be not made me for past services my
Pockets will very soon be empty of everything but "Honour" and
"honour" you as well as Falstaff, do acknowledge will no more
defray the charges of this expensive Government, than set the
Broken Leg or silence the pain of a wound. The arrears actually
due me would in a most pleasurable manner, meet my Necessities
at this moment — the old report upon my claim went to increase
my pay to one thousand Dollars, in the Governors absence, he
I believe, and one or two of the Committee choosing to Consider
me as having nothing to do with the Indian Department — But
the Presidents instructions through the Secretary of State upon
the 18th of May 1798 places this Business in the proper Point
of View, and demands of the Secretary on the Absence of the
Governor, the Superintendents duties, and it will naturally there-
fore seem that the thousand Dollars should be increased to the
Governors full pay Viz Two Thousand Dollars. — I know you will
have this Business adjusted if possible, — and kindly Consider-
ing my necessities, that you will not Judge me too importunate.

General Mathews has come forward to me in behalf of a New
England Company of Land Speculators. — I enclose you his Let-

68 MISSISSIPPI TERRITORIAL ARCHIVES.

ter and my Reply, also a Proclamation, and solicit your opinion
thereupon.

With every sentiment of most respectfull
regard I am My Dear Sir,

your very devoted servant

(Signed) Winthrop Sargent.
The Honble

James Ross

of the Senate of the United States,

By the Governor of the Mississippi Territory,
A Proclamation

The Governor has thought proper to direct, that all persons
not Actually Citizen inhabitants of this Territory or of some one
of the United States, should report themselves within two hours
after their arrival at any of the settled parts of the Government
to some one of the Conservators of the peace, upon penalty of
imprisonment.

The Conservators will be pleased to examine their passports,
and and Countersign such as are regular and authentic. — And
no known exceptions to the Characters of the bearers ; Suspicious
persons are to be Confined and reported to the Governor. — And
the Inhabitants of the Territory are forbidden to entertain or
comfort any person coming within the same who shall refuse or
neglect to Comply with this Regulation, (Ordained for Common
good) without making immediate report thereof to some one of
the Conservators of the peace.

Alien Inhabitants not Specially Privileged by existing Treat-
ies of the United States, must not be permitted to Traverse the
Territory, without a passport under the hand and seal of the Gov-
ernor. The Power of Administering the Oath of Allegiance by
the Conservators of the peace is further Continued to, and in-
clusive of the 30th day of November next ensuing — so seeming to

GOVERNOR WINTHROP SARGENT. 69

me essential to afford reasonable opportunity within the Ter-
ritory for taking the same.

Given under my hand and seal at Concord
house near Natchez and Territory aforesaid
October the 18th Anno Domini 1798 — And of the
Independence of the United States of America
the twentythird.

(Signed) Winthrop Sargent

By the Governor of the Mississippi Territory
A Proclamation

For the preservation of peace and good order, all persons
within this Territory, are hereby prohibited from giving, or
Vending to any Indian, or Indians, at or within three miles of
the Town of Natchez, or of any other Settlement of White people,
In the Ordinary Jurisdiction of the Government, any Whisky
Rum, Brandy, or other Ardent Spirits, upon penalty of being
punished withe the utmost Rigour.

This Prohibition to Continue in full force and effect to the
first day of November next.

Given under my hand and seal, at Concord house near Natch-
ez, and Territory aforesaid on the 18th day of October 1798 and
of the Independence of the United States of America the Twenty-
third.

(Signed) Winthrop Sargent

Proceedings in the Indian Department, the ioth of October iyo8.

Friday 19th of October 1798 at Concord house near Natchez
Mississippi Territory the Chiefs of about two hundred Warriors
of the Choctaw Indians, stated to the Governor, that they had re-
ceived every species of Injuries, and insult from Cadeans — That

70 MISSISSIPPI TERRITORIAL ARCHIVES.

they had patiently endured the same for a long time, in the hope
and expectation, founded upon assurances of Governor Gayoso,
that they should have obtained sattisfaction, without resorting
to War. — But disappointed in such expectation, they had em-
bodied to the Number of two thousand, and proposed crossing the
Mississippi to take revenge as Men and Warriors. — that they
were without Arms, Ammunition, or Provisions, and Relied upon
the Bounty of their Fathers the United States to supply them.

To all which the Governor made them upon the same day the
following answer.
My Children,

I am glad to see you, I take you by the hand in the name and
behalf of the United States, and express to you their friendly dis-
position, for the Choctaw Nation, which I shall never fail to give
you proofs of so far as is proper: Of this my own good will
towards you, there may be now some of your Warriors present,
who have had the most Unequivocal proofs, and when I call their
attention to an affair happening at Fort Washington upon the
"Belle Revier" four years since, where a small party was sur-
rounded by a Considerable Body of Drunken Men, with Guns
and Tomahawks in their hands. — They will recollect who it was
that at the risque of his own life, saved theirs, — gave them again
to see their Wives and Children, and to appear at this time to sup-
port and defend their dearest Interests a mark of affection so
strong, must force your belief, that he will always be your best
friend, so long as you conduct yourselves well.

My Children I shall immediately cause you to be furnished
with provisions, but I cannot supply you with Arms, or Ammuni-
tion to go to War with the Indians, who are under the protection
of the Spaniards : Because we have mutually agreed to Restrain
such Conduct, and that neither party shall pass into the Territory
of the other for hostile purposes. If you desire it I shall repre-
sent your Grievances to Governor Gayoso, and should ample sat-
isfaction not immediately be given you, state the same to the
President of the United States, and endeavour to have permis-

GOVERNOR WINTHROP SARGENT. 71

sion for you to carry on the War with that Vigour which you
seem so much to desire, and in which case you will be amply sup-
plied with Ammunition, and so great is my Love for you, that I
will endeavour to obtain leave to interest myself as though the
cause of Offence, had immediately been offered to me in person.
My Children, I am but lately arrived in this Country, I am not
prepared to meet your Wants, — I believe however, it can not be
long before I shall have it in my power to shew my Charity for
your Wives and Children, and to afford you some Ammunition
for the purpose of hunting. — But when you come to see me,
it must be in small parties, and you must bring me a Letter of
introduction from Mr. Mitchell who has been appointed to reside
in your Nation, to do you good offices. — Your large parties dis-
tress the White people who are not able to furnish them with pro-
visions— You must Conduct yourselves here soberly and with
good order, And you must take nothing from the Inhabitants
without their Consent, and if they should ever offer you any in-
jury, which I hope cannot happen, you must make your Com-
plaints to me, and I will cause you to have Ample Justice, for
such is my duty as well as inclination, And also to Observe one
general rule for the white and red people, that is to afford them
all protection whilst they behave well and equally to punish them,
if the (they) injure each other.

My children, I talk to you plainly, for as I have come to reside
amongst *you, it is necessary we should fully Understand one
another. — I therefore inform you, that Complaints have lately
been made unto me, of white persons being Robbed, and ill
treated, whilst traveling through your Country, — You must pre-
vent this; but you are to Suffer none of them to come amongst
you, without a Writing from me, some of the Governors of the
United States, Commander of the Armies in this Country, or
other person that the President may specially appoint to give
Licences, and unless they have such Authority, you must make
them prisoners, and send them to me.

72 MISSISSIPPI TERRITORIAL ARCHIVES.

And all persons Attempting to Trade amongst you, without a
Licence from me, or some other person whom the President may-
appoint, must be treated in the same manner.

I have ordered you some provisions for this day and so soon
as you inform me of the time of your departure, I will sea that

you are supplied for your Journey.

(Signed) Winthrop Sargent

To James Wilkinson.

October the 20th 1798
Dear Sir

By Captain Guion, I acknowledge your favour of the 15th re-
ceived the day before yesterday.

The Governours 1 Conduct is such as I expected and I think
wrong, the Committing himself so much as he did to you even
out of the Question.

Of the importance of retaking Coxe I am fully impressed, and
will most cheerfully Cooperate with you in devising and Execut-
ing, any Plan for the purpose, and Authorising as far as my
limited Ability extends, any expense. — Your ov/n proposition
herein is I think, a very good one; but there is no person in my
View to execute it. — If we could rely upon any of the Soldiers
in the Fort, the affair would Certainly wear a good face and
promise us success.

I have not time now to be so particular as I would wish,
upon this and some other Subjects, but I shall take the next op-
portunity to write you more fully. — I am making up my dis-
patches for your Express, and am more than a little troubled by
the Indians, we have upwards of one hundred who are going to
war with the Cadeans, and demand of me ammunition, which you
know our Treaty with Spain forbids us supplying. — Some how or
other I hope to be rid of them soon.

1 Referring to Gayoso, the Spanish Governor of Louisiana.

GOVERNOR WINTHROP SARGENT. 73

Accept my dear Sir, thanks for your kind Invitation to Camp.
I will say more thereupon hereafter, and I am sure I need
not assure you how happy I should be to make you a Visit.
Best wishes attend you
My Dear Sir,

from yours affectionately

(Signed) Winthrop Sargent
His. Excellency

General James Wilkinson

To Andrew Ellicot.

Natchez 24th October 1798.
Dear Sir

Your measures with regard to Mr. Freeman1 appear to me
Strictly proper, and perhaps the delay thereof, has been Neces-
sary, at your request I shall endeavour to prevail on Mr.
Howard a Conservator of the peace, to attend your Camp imme-
diately, duly Authorized to Authenticate Depositions interesting
to the Nation.

As he can not be Compensated for this service from any
Funds in my Controul, it will be Necessary that the same should
be effected from your means, for which in my opinion, the United
States should be debited.

Being very much engaged at present, I can add only my best
respects, for Madam Minor the Major2 and Compliments to the
Gentlemen of my knowledge.

My respects, and very great esteem also
for yourself and am,

Dear Sir,
your very humble servant

(Signed) Winthrop Sargent.
The Honble Andrew Ellicot

1 Ellicott and Freeman were engaged in a very bitter quarrel.

2 Major Stephen Minor, the representative of Spain with the Boundary
Commission.

74 MISSISSIPPI TERRITORIAL ARCHIVES.

Authority To Take Depositions.

Joshua Howard Esquire one of the Conservators of the peace
for the Southern District of the Mississippi Territory, is hereby
Authorized to repair to the Camp of the Honorable Andrew Elli-
cot, and there take and Certify, any and all depositions, which
may be proposed unto him, and in which the Interests of the
United States are directly or indirectly implicated.

Given under my hand and Seal at Concord house near Natchez
Mississippi Territory October the 24th Anno Domini 1798.

(Signed) Winthrop Sargent

To Timothy Pickering.

Mississippi Territory. Nov. 1st 1798
Dear Sir,

The very many Letters I have taken leave to Address to you,
in almost, all of which, I have solicited the means of effecting
that Conciliation with the Indians, which it has been directed
me to endeavour to make, will I am persuaded produce the Meas-
ures I wish, and either enable me Completely to discharge the
Superintendent's duties, or leave them altogether with the Mili-
tary, by discharging me from Responsibility.

My situation as it has been Connected with the Indian affairs,
has ever since my arrival in the Country been very disagreeable
— though by indulgence from the Military, I have been enabled
sometimes to give them a few Rations — But the accompanying
extract of a Letter from General Wilkinson, seems to take away
such power, and as the Indians are every day coming in, and call-
ing upon me must produce no inconsiderable embarrassment,
I had written unto the General for his Opinion, respecting my
taking into service an Indian Interpreter, and asking to receive
Occasionally from the Public Stores, some of the Indian goods. —
I had also expressed a wish, that a house in the Town of Natchez,
which had been surrendered up to the Military with the Forts

GOVERNOR WINTHROP SARGENT. 75

public Stores &c, But which was under the Spanish Government
appropriated for Civil purposes, should be subject to the Controul
of myself, for the Secretary's and my Offices, and as a place for
Convening the Legislature of the Territory, and to meet the In-
dians; for some of which purposes I have been Constrained to
take a Building, that will cost me three hundred Dollars per year.
The General writes me thus, — "With regard to your Ex-
cellency's having an Indian Interpreter, I presume it it may be
Justified by the Exigency of the Case. — But with respect to your
Excellency's appropriation of Provisions, or the Goods transmit-
ted to the Military, under Special orders from the Minister of
War, to the Indians, after the most deliberate enquiry and Con-
sideration, I can not find that it is Authorized by Government, —
the appropriation of Provisions under your Excellency's order
cannot take effect, before Special Laws and Special Contracts are
made for the purpose; but the goods are subject to the disposition
of the Administration, and may be ordered into any hands they
please, — The quantity however now in store is trifling indeed,
and I am Constantly teazed by small parties of the Six Town
Choctaws since I have been here; my Conduct towards them is
Conformable to my orders, the same which I pursued in the
Northwestern Territory, and while it is directed by my Superi-
ors, and Aimed at the Public good, I am persuaded your Excel-
lency will take no exceptions to it — It is desirable that the whole
Indian Concern Should be Concentrated to a Point and Regulated
by a Single hand, but however desirable, this will be found diffi-
cult, for being taught by Education and habit, to look to the
Sword as the source of power and Arbiter of Justice, a savages
attention can not be diverted from Military Parades, and the dis-
play of the National Insignia, Standards, Arms, Embattled ranks,
and Martial Musick impress the Inhabitants of our Forests, more
forcibly than Argument. I should feel much pleasure in accom-
modating Colonel Steele at your Excellency's Request, as well as
from the personal regard I bear him, but Considering the houses
surrendered by the Spaniards to our Military, National property,

76 MISSISSIPPI TERRITORIAL ARCHIVES.

I dare not dispose of that in Question, Otherwise than to National
Purposes." I forbear any remarks on the foregoing, — the same
and any previous application upon Indian Affairs, and the public
property in this Country, not Actually before appertaining unto
the Military, will I trust obtain speedy attention.
With warm esteem and very sincere respect,
I have the honour to be,
My Dear Sir
your obedient and very humble servant

Signed Winthrop Sargent.
The Honorable Secretary of State.

To James Wilkinson.

The Grove November 2d 1798
My Dear Sir,

By Colo Hamtramach I was honoured with your favour —
previous thereto, I had recommended to Bruin, to dismiss three
of Coxe's men, who had been in Confinement, though not in Com-
mission, but to detain Young Coxe and Hancock. — Hinds I know
not but shall if opportunity offers, endeavour to make the most of
him, always keeping in View the Obligation of your Caution.

That you are governed by your own opinion in the decision,
as to the Controul of Indian goods, Provisions in the Military De-
partment &c is Certainly Strictly proper, and that such opinion
has been made up "upon the most deliberate Enquiry and Consid-
eration" further Confirms me of Radical Defects in the Indian
System — the situation of myself and demands almost every day
made upon me by the Choctaws, will however under the Govern-
ment of such system, subject the United States to increased ex-
penses, for deprived of drawing Rations from the Contractor, or
goods from the Indian Stores, I must be under the Necessity of
Satisfying demands, at the exorbitant prices of this Country.

GOVERNOR WINTHROP SARGENT. 77

I thank you for your assurances of good Will to Colo Steele
and myself, as it relates to the House — I was before your Letter
from my much experience perfectly convinced, of your friendly
and obliging disposition to me, In the application for Colo Steele
I had National Convenience in View, — and for him and myself,
the Public must furnish offices but 'tis proper the Sovereigns
should Constitute the Guardians of Public property explicitly,
and I shall be satisfied.
I am

My Dear Sir,

With most respectfull Consideration,
your affectionate,

(Signed) Winthrop Sargent.
His Excellency

General Wilkinson,
Loftis's Cliffs,

The Governor thought proper to Issue a Warrant in the
Words following. — and directed that the same should be entered
on the Journal.

Natchez November 7th 1798.

To James Evans Esquire, Sheriff of the lower or Southern Dis-
trict, Mississippi Territory
Sir,

You are hereby Commanded to apprehend if to be found
within the Mississippi Territory, and cause to be brought before
William Dunbar, and James Mcintosh Esquires, Conservators of
the peace, upon Friday the 10th instant, 10 o'clock A.M. James
White John Callahan, and William West,1 to answer for high
crimes and Misdemeanors against the United States. — for all
which this shall be your sufficient Warrant. You will also sum-
mon Joshua Howard Esquire, Francis Smith, John Mitchell, An-
thony Hackett, and Wilford Hackett, to attend as Witnesses.

1 Members of Zachariah Coxe's party.

78 MISSISSIPPI TERRITORIAL ARCHIVES.

Given under my hand and Seal at Natchez, date before men-
tioned, and to be returned with your proceedings in the Prem-
ises, to the aforesaid Conservators

Signed Winthrop Sargent,

Governor

Note, For aid in the Execution of this percept, Captain Heth
commanding at Fort Sargent,1 is required to furnish you with
any necessary escort.

To William Dunbar.

Natchez 7th of November 1798—
Sir,

Reiterated applications have been made unto me, upon the
subject of intestate Estates, within the Mississippi Territory
which would properly come before a Judge of Probate, if such
an officer was known, — so soon as the Powers and duties thereof
can be defined by Law, I have intended to make such appointment
for you if perfectly agreeable.

In the mean time there should be some kind of Provision for
Exigencies; I have to request therefore, that in all cases where
it may be necessary, you would according to your best Judgment,
and rules that have been observed in the Northwestern Territory,
grant Letters of Administration, when they shall be required,
always taking Sufficient Security, for faithful discharge of trusts
that may be reposed, and delaying final decrees, until Laws in
Point may be adopted and Published.

I inclose unto you the Copy of a precept issued this day to
the Sheriff, and will take care that you receive all Necessary
information, before the same is returnable; — I presume it will
be most agreeable to you, that the Necessary examinations,
should take place at your own house, — if otherwise and oppor-
tunity presents, be good enough to signify the same to the

1 The old Fort Panmure of the Spaniards had been named in honor of
Gov. Sargent.

GOVERNOR WINTHROP SARGENT. 79

Sheriff seasonably. — My Special Confidence in you and Mr. Mc-
intosh, has induced me to select you for this Business, which
perhaps is of more than Common Consequence, to the quiet and
Contentment of our Country.

I am with very much esteem, and great Consideration,

Dear Sir,
your obedient humble servant,

(Signed) Winthrop Sargent.
William Dunbar Esquire.

Offer of Reward.

Natchez Mississippi Territory
November 7th 1798
Three hundred Dollars reward for apprehending and deliver-
ing to the Undersigned, or to the Commanding Officer at Fort
Sargent, in the Town of Natchez Mississippi Territory, at any
time within the present year, Zachariah Coxe who was Confined
in said Fort, for high Crimes and Misdemeanors against the
United States, and made his escape therefrom upon the twenty-
sixth of September Ultimo.

(Signed) Winthrop Sargent.

To James Wilkinson.

The Grove Evening of the 19th Novr 1798
My Dear Sir,

Your two favours dated November the 4th came to hand the
day before yesterday, and that of the fifth this Morning and at
this place.

I have Cautioned the fellow Specially, and Promised him
three hundred Dollars for that service which we are both anxious
should be performed, but I dispair almost of success.

I have issued a Proclamation, offering three hundred Dollars
Reward for apprehending Zachariah Coxe, — this I have been

80 MISSISSIPPI TERRITORIAL ARCHIVES.

specially induced to, in order to produce Conviction, that we Jus-
tify the Measure of his Confinement, and to do away the
effect of a Monstrous Manuscript, (in size I mean) which has
been handed about, at Natchez for very wicked purposes no
doubt. I have not read it, but send it to you, requesting it may
be soon returned. — I believe our friend White has ushered this
into being — He was to have been off on the Morrow for Orleans,
Bag and Baggage, but some very imprudent Observations, said to
have been made by him, have induced me to order his arrest,
and on the Morrow he will undergo an Examination, before two
Conservators of the peace, and if my information be Correct,
must be held Responsible, to appear hereafter at the Supreme
Tribunal of this Territory. — I would have preferred to have
been quietly rid of him. — Of old H.1 . . I know nothing of late, — I
believe him Capable of any Mischief, and will so soon as he shall
enough Commit himself, pursue every measure of duty, to pre-
vent the possibility of ill effect therefrom.

Your intelligence of excesses Committed at the Villia Gayoso,
and which I believe to be ill founded, is the only information
I have obtained thereupon, — My services for preservation of the
Public property, and to notice outrages thereupon, shall not be
wanting.

Mr. Clarks2 general Character and your so full Commenda-
tion of the man, entitle him to very much of my esteem, and Con-
fidence, — I have as yet seen but little of him, but Certainly shall
treat him with marked distinction.

With great respect, I am

My Dear Sir

your very humble servant
(Signed) Winthrop Sargent

His Excellency

General James Wilkinson

1 Anthony Hutchins.

2 Daniel Clark.

GOVERNOR WINTHROP SARGENT. 81

To Mr. Welch {Indian Interpreter) .

Natchez November 14th 1798
Sir

I Received your favour and am well pleased with your past
exertions, — You may Calculate upon my interest to serve you,
in everything wherein I can Consistently do it. — This Letter
is to ask your services in apprehending Zachariah Coxe, a Pris-
oner of the United States, and sending him to me at Natchez —
By so doing you will render very important good to our Country,
— He escaped from the Fort here on the Twentyfifth of September
last, and is to pass from New Orleans through the Choctaw
Nation, and probably by the Tombigby Settlement. If he is taken
send him under care of some Confidential Characters, who will
not suffer him to escape. I am &c &c

(Signed) Winthrop Sargent.
Mr... Welch

Formerly an Indian Interpreter at Natchez.

Tombigby.

To James Mitchell.

Natchez November 14th 1798.
Sir

I send to you an Express, with a Letter for Mr. Welsh open
for your inspection, I pray you to use every exertion to take Coxe,
and send him to me — You will thereby render very important
Services to the United States, I shall cheerfully discharge every
Reasonable expense attending the same — The bearer of this
may be detained if Necessary to assist in bringing on Coxe, if
he is to be taken, and it seems to me more than probable he may
pass in your Vicinity.
I am Sir,

with much Consideration

your humble servant,

(Signed) Winthrop Sargent.
Mr. Mitchell

82 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Wilkinson.

Natchez 14th of November 1798.
My Dear Sir

I Received your favour with the enclosed paper of Kentucky,
and am truly distressed at the most abominable Spirit which
seems prevailing there,

In Consequence of your advice, and Calculating upon the
Funds under your Controul, I have dispatched a Confidential
Character, James Stuart to Mitchell with the Choctaws, and
thence to one Welch of Tombigby, request (ing) — them to ap-
prehend Coxe. — Stuart has been sworn to secrecy, and entrusted
with the Business, so that he might himself apprehend him, if
good fortune should throw him in his way.

"Entre nous" I have had a very long Confab, with Colo Huch-
ins, for the first time since I have been in the Country — He seems
a little alarmed at something, and most solemnly protests, that
every assertion which he has ever made in relation to yourself,

was from the Authority of and would I am persuaded if

required, make such a Deposition for himself, as should place his
Conduct to all but unbelievers, in rather a meritorious Point of
View than otherwise, — But of this more when we meet. — and
in the mean while you will observe the preparatory Caution. I
have employed an Interpreter and have drawn Rations for him —
If you Cannot Consistently admit this, I must Endeavour to make
some Contract myself, not only for the present purpose, But Oc-
casionally to give a little Bread, and Beef, to the Indians, who
are too much troubling me. — I request when you order them any
whisky, they may be obliged to take it out of Town, otherwise
they will give me great trouble. — Drunk a few days past, they
had almost Committed Murder. — Natchez from the perverseness
of some of the people, the Ebriety of Indians and Negroes
on Sundays, has become a most Abominable place. — I must
myself in the absence of the Judges, aim at some Police, but

GOVERNOR WINTHROP SARGENT. 83

'twill be ineffectual without aid of the Garrison, — Can you be
good enough to Command it.

Accept my best Wishes, and believe me
to be,
My Dear Sir,

very affectionately

your friend and humble servant

Signed Winthrop Sargent,
His Excellency General James Wilkinson,

To Cato West.1

Natchez 23d November 1798.
Sir

I have received from you several Letters mentioning Vacan-
cies, in the Legion under your order, with a list of persons rec-
ommended to supply some of them, but not all.

I have desired Major Gorault to Confer with you, so that at
last, I may render this Business by one order final, and which I
would wish, might also embrace the Subject of the Uniform,
and all other matters that may be noticed in that address, which
you inform me is to be presented, — As the Multiplying of writ-
ings if not absolutely Necessary, I would avoid, the same inter-
fering with other engagements, of no inconsiderable public im-
portance. You have written to me Sir, in strong adverse terms
to the placing of a Prison for the upper District at Union Town,
where I am assured, by some respectable Authority, Lands will
be given for public uses, — the Jail Built by private Subscription,
and also a house for Courts supplied upon the same terms, until
a suitable Building can be provided for.

As I have respect for your Judgment, knowledge of the peo-
ple, and Country, I have to desire you would give me information
of any place, uniting more, or equal Public Convenience, with the

1 Afterwards Territorial Secretary in Claiborne's administration.

84 MISSISSIPPI TERRITORIAL ARCHIVES.

disposition to erect a Prison, free of Expense to your District,
I am,
Sir,

with much Consideration,

your most obedient

(Signed) Winthrop Sargent.
Col. West.

To Messrs. Peter Walker and Lewis Evans.

Natchez November 24th 1798,
Gentlemen,

The Timber for a Jail1 in the lower District of the Mississippi
Territory, being now at the Landing of this place, ready to be
transported to a proper site, for erecting such a Necessary
Building, I have to request, you would View the Grounds in, and
adjacent to the Town, and fix upon some suitable spot, having in
View all the Requisites for the Occasion, amongst which are
principally, Salubrity of Air, facility of supplying water, Neces-
sary Security, in case of intention to Rescue from confinement by
appeal to the Inhabitants, and the Expense of possessing suffi-
cient Grounds, not only for the Prison, but a Court house, — I
wish you to Counsel with Judge Bruin upon this Business.

(Signed) Winthrop Sargent,

Messrs Peter Walker & Lewis Evans,

To Monsieur. Filhiue, Commandant Fort Mero.

Natchez Mississippi Territory

December 1st 1798.
Sir

Being perfectly disposed to aid the operation of Justice in
Benefit even to Nations unconnected by amity with the United

1 This was the first building erected in Mississippi Territory for public
purposes.

GOVERNOR WINTHROP SARGENT. 85

States, and persuaded that 'tis their intention to Consider Spain
in a Very favourable Point of view, I am anxious Promptly
to deliver over, to your Justice, the fugitives therefrom, and
Could not hesitate a moment to surrender any atrocious Malefac-
tor, escaping from your Government, and found within this Ter-
ritory, had not an Asylum been granted, to a most abandoned
offender against the United States, within the Province of Lou-
isiana. His Excellency the Governor General believing the
Treaty made no Provision, to Authorize his giving him up at my
request; having however no reason to alter an Opinion then Ex-
pressed (save the Example of his Excellency) I shall demon-
strate my Zeal in the cause of Justice, and the Amities of my
Nation, by arresting Palmer, if he is to be found within my
Jurisdiction, — of which I shall advertize you, and demand In-
structions from the General Government of the United States, I
am &c &c

(Signed) Winthrop Sargent.
Monsieur Filhiue Commandant Fort Mero

To Cato West.1

Natchez December 4th 1798
Sir

I now enclose you a Complete list of Officers to the Legion
under your Command — Not however According exactly with
your Nomination, — but no Consideration of a Private nature,
will I trust Operate in your mind to the injury of service.

Although Major Harrison had actually made his resignation,
yet as the cause was absolute necessity, and not dislike to service,
and so soon as such Necessity ceased he signified in a manner
very reputable to himself, a desire to act in any Station, for which
I might believe him Qualified — he ought not to be excluded, and
he Certainly seems very Capable of Military Service. You men-

1 Col. West soon become one of the leaders in opposition to the Sargent
administration.

86 MISSISSIPPI TERRITORIAL ARCHIVES.

tioned to me in your last, Letter, that you were assured people
would Generously Contribute to Building a Jail &c — if it was to
be in any "nearly proper Situation" — if you will inform me of
such situation, with full assurance of the Necessary Buildings,
I shall sanction the same without delay, Provided that if the
situation which may be proposed should be remote from Popu-
lation, the advocates thereof, will give security to the Jail, till it
acquire it by sufficient accession of Inhabitants.

The Prison being now most absolutely necessary, and it ap-
pearing to me also, that no new delay should take place in desig-
nating the seat of Justice, I wish to receive from you, a reply
to this Letter so soon as is Convenient. I am
Sir,

your most obedient servant,

(Signed) Winthrop Sargent.

Lieutenant Col. Cato West.

Militia Orders.

Mississippi Territory

December the 4th 1798

The Governor has taken the earliest opportunity of signify-
ing to the Gentlemen Officers, of the Northern or upper Legion,
his approbation of their Choice of Uniform. — desirous of promot-
ing their wishes by every means in his power, he will make ap-
plication to the Supreme Executive of the United States, for a
supply of Arms and Accoutrements, as they have proposed, so
soon as a Complete return, of deficiencies, shall be made unto him.

Lieutenant Colonel West, having reported some Characters
intended for officers in the Corps under his Command, as declining
the honour and duty of Serving their Country, the Governor has
so filled up the Vacancies thereby Occasioned that he persuades
himself, the Legion could not have been better officered.

The following is the list of Gentlemen, who are to be Com-
missioned, so disposed According to the best information which

GOVERNOR WINTHROP SARGENT. 87

the Governor has been able to obtain, as will most promote their
general Convenience, and the good of service.

Cato West Esquire Lieutenant Colonel Commandant.
John Gerault Esquire Major of Cavalry,
William Thomas, Henry Green, and Thomas Calvit Es-
quires Captains,
James Truly, George Salier, and John Brooks Gentlemen

Lieutenants.
James Spain, Jacob Stamply, and John Rumsey Gentlemen

Cornets,
Richard Harrison Esquire, Major of Infantry,
Roger Dixon, Arthur Carney, and Tobias Brashears Es-
quires Captains.
James Mclntyre, Gibson Clark, and George W. Hum-
phreys Gentlemen Lieutenants,
Charles Boudman, James Davenport, and Eden Brashears

Gentlemen Ensigns.
James Mclntyre. Adjutant.
They are to be obeyed, and respected, agreeably to their re-
spective appointments, and Military usage.

Given at Natchez date before mentioned

by
(Signed) Winthrop Sargent

Governor and Commander in Chief
of the Militia.

To James Mitchell.

Natchez December 10th 1798
Sir

When I saw you here, you were told, and truly told that I

was not possessed, of the means of making any presents to the

Indians; that it was uncertain when and what supplies I might

receive for such purpose, and that I Certainly could not expect

any until the rising of the Waters, that therefore the Indians

88 MISSISSIPPI TERRITORIAL ARCHIVES.

should be put off with fair words untill deeds were in my power,
of which you should be seasonably advertized, and further that
the large War party destined for this place, coming on with the
expectation, which it seems you had inadvertly Encouraged, of
receiving Ammunition from me should be put back, or turned
aside, — They however came on, and unprepared as I was to meet
them, I sent them off in tolerable Temper, not however without a
great deal of Drunkenness, and Consequent mischief from them
and others who in very Considerable numbers are every day Vis-
iting me — Scarcely was I well rid of this War party, 'ere I
received a long List of very great men, as you have represented
them, that you had permitted to Visit me, and upon the good
reception of whom, your well being, and the interests of the
United States, very much depended — Upon my own order there-
fore, I made some provisions for small Donations, believing that
here the Business would have had a pause, But every day Sir,
I find Chiefs and great Captains, coming in with your pass-
ports, and whose expectations from assurances, they inform me
they had from you, are very much raised, — 'tis a Misfortune
to the United States, a source of great Anxiety to me, and
perhaps may be an injury to you, that I can not answer them,
but 'tis really out of my Power, nor do I believe General Wil-
kinson has the means at present. — But I am not informed what
Indian Goods may be with the Military, or what the Choctaws
have ben led to expect, from them, for to the present Moment,
I am ignorant of the Correspondence, and Communications, be-
tween you Captain Guion, and the preceding Commandants in
this Territory. I am,
Sir,
your humble Servant,

(Signed) Winthrop Sargent
Mr. Mitchell

Agent with the Choctaws.

GOVERNOR WINTHROP SARGENT. 89

To Timothy Pickering.

Natchez December 20th 1798
Mississippi Territory
Sir

The Inhabitants of this Country have solicited, that the Hon-
ourable Congress, would be pleased to extend unto them, sim-
ilar Benefits with those ordained, for promoting religious pur-
poses, and the advancement of Seminaries of Learning, in Dis-
tricts of their Northwestern Territory — I take leave Sir, to
enclose their Address, requesting the same may be laid before
Congress. — the Advantages which will result from Granting
their Petition, are so obvious, that I forbear an Observation
thereupon.

In several of my former Letters Sir, I have presumed to ex-
press an opinion, of the Necessity of early attention to the Land
Claims of the people here. — soured by the seeming inattention
of the General Government, which no doubt is insidiously Bla-
zoned, by Spanish Emissaries, we are loosing of the Inhabitants
whilst discontent is every moment encreasing amongst those
who remain behind, — and indeed it is not very strange, that
so it should be, for destitute of Municiple Laws or efficient Magis-
trates, our state is truly deplorable, and until the arrival of the
Judges, it Can not be otherwise. — Diffused over our Country,
are Aliens of Various Characters and amongst them the most
Abandoned of Vilains who have escaped from the Chains and
Prisons of Spain, and been Convicted of the Blackest of Crimes —
It would be wise and good Policy, I should Conceive Sir, that
Provision might be made for promptly extirpating such from
our Territory, for 'tis enough for to Correct and punish our
own Crimes, and even this seems at present totally beyond our
Ability — We have no Prisons, no sufficient places of Confine-
ment, and the Vilest offenders therefore Calculate with some
Certainty unon impunity. — I have done every thing in my
power, more perhaps, but I trust necessity will plead my Justi-
fication,— All however is inadequate, and very Just Causes of

90 MISSISSIPPI TERRITORIAL ARCHIVES.

Complaint will remain, till some Complete system for our good
regulation, be adopted which I most fervently supplicate may
no longer be delayed. — I pray it for the sake of the people,
for the fair Reputation and Dignity of the United States, and
for my own honour peace and quiet: — I am here Sir, a mere
Cipher, and Tortured by Ten Thousand evils, which I can not
remidy or redress. — My situation is distressing, and but for the
Continuance of hope would be truly Wretched.

The Task of the Judges and myself will be more and more
arduous as they shall delay coming to the Territory; released
from Spanish Bondage, this Country would have reecived with
Rapture, any Code of Laws from the United States, but being
almost in a State of Nature, since their Emancipation, the very
mildest statutes, I am apprehensive may be Considered as op-
pressive,— I shall however you may rest assured Sir, Continue
to use my best endeavours, at all times to Conciliate them to
Good Government, and the National Interests, remembering al-
ways my duty, to the Sovereign Authority.

The Population of this Country Sir, as I have already assured
you is small. — Very inferior to the Adjacent Establishments
in Louisiana, and this Consideration, in our distant and de-
fenceless state, upon any Occasion of Disgust with the General
Government, might incline them to seek a reunion with their
old Province.1 — A liberal or Equitable decision however upon
their Land Claims would I should believe produce a preference
for the United States, But remaining a very small people a mere
handfull of men, their apprehensions from red as well as White
Neighbours might Nevertheless, induce a Conduct Nationally
injurious, — To provide against which Sir, I humbly Conceive
it would be very good Policy, to open as immediately as possi-
ble, in this Country a Land Office, — and Encourage Settlements
to a Considerable Population, — for with our present numbers,
we are in Continual Anxiety from the Choctaw Indians, — They
are almost always in our settlements, and living upon us —

1 It was the policy of the Spanish Government to offer special induce-
ments to settlers by liberal land laws.

GOVERNOR WINTHROP SARGENT. 91

Their numbers so great that the defenceless Planters, are very
oft. fair to sacrifice almost their whole Crops, — for the Preser-
vation of their lives, and it not unfrequently happens, that
those Indians are Nevertheless Insolent, — I trust and pray Sir,
for and in behalf of the Inhabitants of this Territory, and
myself that some measures may be taken, to remidy this almost
intolerable evil. — It was somewhat Complained of under the
Spanish Government, but as they took care to furnish those
presents, which it was always their Custom to bestow, in places
remote from Plantation Settlements, their sufferings were not
so great as ours —

We must I Conceive Sir, submit to make the Choctaw In-
dians Annual Presents, or be at War with them, for Individuals
will not always be Constrained to perform this perhaps duty
of the Public, they will resist with Temper and Violence, and
Hostilities be the Consequence.

A few more Inhabitants to make us respectable and some
formal Covenant for regular and stated presents, to the Indians
would I believe put us right — their presents however, should
be made at a distance from our settlements, for but to preserve
amity with the White and red people, is to keep them far apart —
I would wish Sir, to give you a good and satisfactory account of
the Millitia, but they are not so arranged as to enable me to
make unto you a Complete return, — I suppose however they will
amount to about Eight Hundred, but very destitute of Arms —
one half this number will be Cavalry, — They are desirous of
receiving Arms from the United States, by purchase, and if the
same could be Complied with, and such sent on, it might be
Beneficial to the Nation, as well as Individuals of this Territory.
My own opinion is Sir, that the Horsemen of this Country,
should be armed with one Pistol Only, Swords of Straight Blades,

92 MISSISSIPPI TERRITORIAL ARCHIVES.

and Short Carbines with long Bayonets, which would enable
them to fight on foot, as well as on Horseback.
I have the honour to be,
Sir, &c &c

(signed) Winthrop Sargent
The Honourable Secretary of State.

To Adam Binghaman.

The Grove 20th of December 1798.
Sir

Yesterday was put into my hands a note from you that
I suppose may have lain some time in those of a servant of
mine in Town — Informing me of a Melancholy event which had
taken place in your Family, and the determination to decline
your office as Major of Militia. —

For the death of your Child Sir, I am truly sorry, and sin-
cerely sympathize with Mrs. Binghaman and yourself. — I had
believed that this Misfortune to your family, could not have an-
nulled the Obligation of your Promise, to perform the duties if
the Commandant of Infantry in the Southern Legion, until the
Militia was Organized Completely &c. You were appointed
under a full persuasion that you was of Character Unequivocally
American, and I could Conceive no sufficient Cause for such
declining those duties, which every man wishing well to the
present Government, under the order of the United States, is in
honour bound to perform, — There are some perhaps within this
Territory who may deprecate all allegiance to the United States,
and others who have a Predelection to the state of Nature. —
But I flattered myself Mr. Binghaman came not within the
discription, of either of those Characters, — Be this however
as it may, I deem it Encumbent upon him, to make report of
the state of the officers, men Enrolled under his Command, and
a return of the Orders which were given, for his Government,

GOVERNOR WINTHROP SARGENT. 93

at the time of his appointment, before he can believe himself
released from the Obligations, of duty and of Promise.
I am Sir,
your most obedient humble servant

Signed Winthrop Sargent
Mr. Adam Binghaman,

To Timothy Pickering.

Mississippi Territory December 11 1798
My Dear Sir

The absence of the Judges Continues us yet almost in a State
of Anarchy, and is truly distressing to me. — I know not what
will be the End of it, — the Secretary has been so very ill ever
since his arrival in the Territory, that it is doubtful if he can
recover — and to Multiply my Embarrassments, the Indian
Agent with the Choctaws, (Samuel Mitchell), is crowding me
almost every day with some of their Chiefs, and I have been
Constrained in Consequence to purchase Blankets &c. to the
Amount of nearly four hundred Dollars, for which I have drawn
a Bill in favour of Mr Abijah Hunt, and which I request you
would Cause to be duly honoured. — It has been fortunate, per-
haps that Mr Hunt was here, for otherwise I might not have
obtained Credit, and the Indians been if possible more dissat-
isfied— They have indeed Cause of Complaint, for by Mr. Elli-
cotts Indian Communications, it appears they have been prom-
ised very much, and I verily believe as yet Little has been per-
formed. It Certainly seems advisable for Government, (if 'tis
the intention to Continue this Country tenable) for the present
somewhat to notice the Choctaw Nation, and to provide imme-
diately for Populating sufficiently hereafter this Frontier Con-
fine,— for the few scattered Inhabitants of the Territory, are
every day thining by the Machinations of a Doctor White,1 (for-
merly of Congress,) and other malcontents. —

1 White moved to the Spanish possessions, and attempted to carry a
colony with him.

94 MISSISSIPPI TERRITORIAL ARCHIVES.

Coxe who has had some Communion with those people is I
believe about Establishing himself, with his Banditti, some-
where within the Spanish Line, and I am more confirmed than
ever, that very improper Countenance was shown him by Gov-
ernor Gayoso, but upon this head General Wilkinson has Com-
municated so fully, that nothing is left for me to add.

Coxe has seemed to me under the present Circumstances of
the upper Country as we receive them so Capable of doing great
Mischief, to the United States, that I had sent off a runner to
the Choctaw Nation, requesting the Agent to arrest him and
bring him back in case he should take that route from Orleans. —
No 1. 2. 3. & 4. will place this Business fair to your View, and
perhaps Convince you, as they have me, that our Agent is
either Knave or fool, but I strongly suspect the former. — The
mere Circumstance of Coxes being in the Indian Country, with-
out a passport should have been Enough for the Agent to have
had him arrested and brought back — However as he is of Colo
Hawkins's appointment, and I am totally uninformed of his Char-
acter, I have been silent, but you can not doubt he has entirely
lost my Confidence, or of my desire that he should be imme-
diately disgraced, by removal; upon which subject I request you
to instruct me.

In the Choctaw Nation we should have a man of respecta-
bility and influence, for we must Calculate upon having the
Spanish interests Jealousies and Malevolence to Contend with.

Before I close this Sir, I take leave to observe that it seems

Absolutely Necessary, I should be furnished with some Fund

for Contingencies. — Had it not been that Mr. Hunt was willing

to take my Draught, I must have been very much

distressed, by the Injury which would have Accrued to the Pub-
lic Besides the Indian Goods absolutely Essential in this De-
partment, I must often incur Expense for Expresses, and other

GOVERNOR WINTHROP SARGENT. 95

public Purposes, as well as some which perhaps should be secret.
I have the honour to be
Dear Sir

your very humble servant

Signed Winthrop Sargent
The Honourable Secretary of State.

This Copy was sent by express from Maj. Cushing and who
set out on the 10th of Aug. 1799 for Nashville.

A Copy of the foregoing from the first page was made for
transmission to the Secretary of State, to which was annexed a
Certificate in the words following Viz.

I do Certify that the foregoing Pages from No. one to one
hundred and five (inclusive) Contain a Copy of the Journal of
"the Proceedings of the Governor in his Executive Department"
from the 21st of May until the 31st of December 1798 —

Given under my hand and seal as "Secretary" in and for the
Mississippi Territory in the County of Adams, this eighteenth
day of June in the year One thousand seven Hundred and Nine-
ty nine John Steele [L.S.]

To Peter Bryan Bruin.

Natchez 1799 Jany. 3
The Governor has received the note which Judge Bruin has
been good enough to send him, enclosing the Letter from Mr.
Brashears — Will Judge Bruin be so Obliging as to signify to
Mr. Brashears the Governors full approbation of his Zeal in the
service of his country — the sound Judgment of a few such well
disposed men as Mr. Brashears will be sufficient to Counteract
the Machinations of more cunning, and more Mischievous Char-
acters than the Burnet he has mentioned. Burnet however
should in the opinion of the Governor be immediately noticed
by the Judge, and if his conduct has been such as is represented
he ought to be Committed to Prison unless he can give very good

96 MISSISSIPPI TERRITORIAL ARCHIVES.

security for his future good behaviour. A man by name of Bur-
net, and probably the same, mentioned in Mr. Brashears's letter
was reported to the Governor upon his arrival in the Mississippi
Territory as a most inveterate Foe to the Americans generally,
and that he had been known publicly to Express his Wishes that
every one of them coming to this Country might be massacred
or forced to return with the Loss of his scalp. — Surely no
people of the United States can be so misguided then as to be-
lieve such a Character a proper Reformer of any Government
even in the worst possible situation of men and things.
January 3d 1799. Natchez

To Peter Bryan Bruin.

Tuesday Morning 7th of January

1799 the Grove
Dear Sir,

I hope to have met you in Town the day before yesterday and
been informed what steps were taken with that Incendiary
Burnet. — It will be proper I should be present at his Examina-
tion at least I wish it — The General is very much displeased
at the liberties he has taken with his name and the falsehoods
he has uttered — The General writes me that desertion is pre-
vailing in his Camp to the most alarming degree. — It can only
be prevented by some stipulation with Governor Gayoso, which
it seems he is willing to enter into. — I propose therefore im-
mediately to issue my Proclamation that no Foreigner shall be
permitted to enter the Territory without a passport from the
Supreme Authority whence he has Migrated which must be duly
authenticated by seal and signature — Be good enough to give
me your sentiments upon this Measure.

With respectful esteem I am
Dear Sir,

yours &c &c

(Signed) Winthrop Sargent
The Honble Judge Bruin

t UNIVERSITY I

t*\^

GOVERNOR WINTHROP SARGENT. 97

To President John Adams.

January 8th 1799.

Mississippi Territory
Sir

At the Special desire of the Inhabitants of this Territory, I
have the honour to transmit unto you their enclosed address,
Though deprecating with them in great Measure a War for the
United States, I feel nevertheless all the impatience of a sol-
dier at Public Wrongs and so far as I may confide in my zeal,
attachment, and intentions for the honour and Independence of
our Country, I take leave to Pledge myself to the Utmost of my
Power at the head of this people, or in any other Station Govern-
ment may place me, for every possible personal exertion to their
service in peace or in War.

With every sentiment of respect,
I have the honour to be,
Sir,

your most obedient

most devoted servant
(Signed) Winthrop Sargent
The President of the United States.

To President John Adams.

Private. January the 8th 1798

Mississippi Territory
Dear Sir

In transmitting an Address from the people of this Territory
an opportunity is offered of most respectfully tendering my very
best wishes to you and Mrs Adams at the least hazard of intru-
sion and I take leave also of assuring you of my sincere desire
to be useful to you in this Country — you can not indeed Sir
afford me a much greater Satisfaction than by directing how
I may Contribute to your pleasure or your service. My Public

98 MISSISSIPPI TERRITORIAL ARCHIVES.

duties to the President of the United States important as they
are impressed upon my mind produce not more devotion than
my Respect and Admiration of his private Character. — With
such sentiments Sir it can not be doubted I received the infor-
mation of your Election to the so Dignified Station with almost
ineffable pleasure — I believed it amongst the very highest order
of Blessings for my Country and have been rendered happy by
the assurance that every Act of your Administration has tended
to make new Converts to such faith.

Early Sir should I have come forward with most respectful
Salutations to the President but my humble Station offered not
the Occasion. Though possessing a soul as firmly attached to
Government as any man in the Union, I dreaded to intrude and
from the same motive I add only most sincere prayers for the
uninterrupted felicity of yourself and Mrs Adams.

I have the Honour to be with most respectful
Consideration,
Dear Sir,

your most Obedient and devoted servant,

(Signed) Winthrop Sargent.
The President of the United States —

To Timothy Pickering.

Mississippi Territory
January 8th 1799
Sir,

My intercourse with the Atlantic States is so very Seldom,
my knowledge of Gentlemen in Congress now so imperfect that
I am Constrained to trespass upon you for the disposal of the
enclosed Petitions instead of Addressing myself immediately to
Gentlemen of the Senate and house of Representatives, I will
suggest however a wish, that if Mr. Ross be at Present of the
Senate and Mr. Otis of the House that they may be brought

GOVERNOR WINTHROP SARGENT. 99

forward through the Medium of their favour. — persuaded that
if the same Accord with the National Views and intentions they
will by those Gentlemen be most ably advocated. I have Sir in
many of my public and private Letters Heretofore said so very
much upon the Policy of early Attention to the Land Claims
of the People of this Country and liberal Confirmation where
neither fraud or Chicane have been intended, as well as upon
the great Public Advantages which in my opinion would Accrue
from encouraging settlement to such an extent as might Con-
stitute us a sufficient Barrier against a Foreign Enemy and
render us respectable to the Indians that Little more is left for
one to add upon those important subjects.

A Copy of a Proclamation which I have issued to prevent
intrusion upon the Lands of the United States has been trans-
mitted unto you and I have taken no other Measure which might
have a tendency to alarm or disturb settlers of any description
whatever : some who had established themselves here before and
since the Ratification of our Treaty with Spain even to within
a very short time of my arrival in the Territory without any
authority whatever and who have stated to me their particular
Cases, I have permitted to remain in quiet possession, until the
pleasure of the General Government be known — Expressing
however upon all Occasions the Determination to remove any
who have presumed to intrude themselves upon Vacant Lands
since my arrival within the Government; And this Sir as the
Guardian of Public property I believe Encumbent upon me —
Nothing doubting but that Congress will express their full appro-
bation of such Measure by the decisions which they may here-
after make in Regard to the Possessions of the people of this
Country.

From the very liberal Donation of Lands to the Inhabitants
of the Western Counties in the North Western Territory the
settlers within this Government have it seems been led to make
some Expectations with which I am inclined to believe it is not
the Spirit of present times to Comply.

100 MISSISSIPPI TERRITORIAL ARCHIVES.

The Donations to the Antient Settlers, and the Militia of
Vincennes and the Villages upon the upon Mississippi are urged
to me as reasons for the future Bounty of Congress, and I am
strongly importuned for my solicitations in Point.

The local Circumstances of this Country Sir perhaps require
for ourselves and for the Nation the best trained and the best
Organized Militia and of Course a devotion of a greater por-
tion of time than may be elsewhere Necessary in the Union —
And this being bestowed some Consideration might possibly be
due us. But I am sorry to say I have not yet experienced a
disposition for extraordinary services to the United States —
Considerable opposition has been made to my endeavours at Mil-
itary arrangements, and the Militia are not yet Completely en-
rolled— Though but only released from the most servile Bond-
age they would immediately assume all Government — And the
Appointment of their Officers Civil and Military is a measure
Advocated by some wicked and designing men amongst them,
I flatter myself however that sober sense will prevail and that
the speedy arrival of the Judges who I am informed are upon
the River set all right

I have the honour to be with every sentiment of respect
and esteem, Sir
your most Obedient humble servant

(Signed) Winthrop Sargent.

The Honourable Secretary of State.

To James Wilkinson.

The Grove near Natchez
Dear Sir, January 8th 1799,

I have been honoured with your two favours of the 31st of
December and those of the 4th and 6th instant with the depo-
sitions &c relative to Coxe which are strong indeed to my mind
in proof of his manifold sins and transgressions — But yet not

GOVERNOR WINTHROP SARGENT. 101

sufficient to Demand him from the Executive of Tennessee —
Where probably every legal formality will be required — Wick-
liff and Priors depositions, or either of them, Authenticated be-
fore a Magistrate Mr. Clark if you please, are all however that
are necessary and if the Deponents be in your quarter I request
you would furnish me with the same without delay — In the
mean time I will cause search to be made in the Neighbourhood
of Natchez and if there to be found I will effect the Essential
before Judge Bruin.

The Expenses of apprehending and bringing Mr. Coxe before
the Tribunal here must be a Territorial Expense, in the first
Instance though in the End the United States ought and will
no doubt Reemburse it — this Consideration will apologize for
my asking such Military Aid as may safely guard him to this
place: perhaps it would be Convenient to give his Escort from
Lieutenant Colonel Butlers Command.

Your Excellency's Statement of the Prevalence of desertion
from the Army under Command is to me as well as yourself very
alarming and ought I think to Justify my prohibition to all
Foreigners from entering this Territory without passports duly
Authenticated by Seal & Signature from the Supreme Authority
whence they may come provided such Rule be observed in Louis-
ianne also but for effectually carrying into Execution a Man-
date in Point, I must make my reliance upon the Vigilance and
Patriotism of the Militery Principally. I Authorize you how-
ever My Dear Sir to make assurance to Governor Gayoso that
I will issue a Proclamation to Prohibit the Inhabitants of Louis-
iane from entering this Territory but by his permission Condi-
tioned that he makes such order as may remedy the evil of de-
sertion— "But "entre nous" I will ground my Mandate upon
the aggravated Civil injuries and public Wrongs sustained by
us and which in great Measure I verily believe should be Attrib-
uted to the influx of Spaniards from below, — Your Express

102 MISSISSIPPI TERRITORIAL ARCHIVES.

waits I can not therefore add more my dear Sir but the best
Wishes of

Your affectionate
(Signed)
His Exy Winthrop Sargent

General James Wilkinson

To Thomas Butler.

Mississippi Territory January 15th 1799
Dear Sir

I have demanded of the Executive of the State of Tennessee
that Zachariah Coxe who was Confined within this Territory
for high Crimes and Misdemeanors against the United States
and who has escaped from Justice should be apprehended if to
be found within the said State that he may be brought back
to receive his trial here.

I have to request you would be pleased to furnish the Neces-
sary Guard for bringing him back in case he should be appre-
hended and that you would be good enough to Signify your in-
ten- (tion) of so doing to the Governor of Tennessee as the same
must be the most certain and least expensive mode, of Accom-
plishing such Object — You will not I am persuaded need apology
for this Application as the interests of the United States are Im-
plicated therein, — I have informed Governor Sevier that you
are duly authorized to appoint an agent to receive Coxe.
With Respectful Consideration I am,
Dear Sir

Your most Obedient,

(Signed)
Col. Thomas Butler, Winthrop Sargent,

Commanding the Troops of the United States in the
State of Tennessee.

GOVERNOR WINTHROP SARGENT. 103

To John Sevier.

Mississippi Territory January 15th 1799
Sir

Under the Authority of the Act of the United States Re-
specting fugitives from Justice I have to request of your Excel-
lency that Zacariah Coxe, who has been in confinement here for
high Crimes and Misdemeanors and escaping some time in Sep-
tember; is said to be now in the State over which your Excel-
lency presides should be arrested and delivered to the application
of Colonel Thomas Butler Commanding the Troops of the United
States within your Government or notice transmitted unto me
in case he should not apply in order that the said Coxe may be
brought back to answer before the Supreme Tribunal of the
Territory upon the charges which are alleged against him.

That my demand Sir may have all the essential formality I
enclose unto your Excellency the Depositions of Robert Prior
and and Martin Wickliff which as you will observe were both
originally made before the Judge Advocate of the Army because
I believe no civil Magistrate could then with any convenience
be applied to and the Deponents would necessarily have been
called before a Civil Court in the Event of a Trial. — Prior your
Excellency will observe has again been sworn and before a
Magistrate of my appointment — Wickliff is at present out of
the Territory but I certify to your Excellency that full faith is
in my mind due to Mr. Hyde before whom his deposition was
made and that they are (both of them) as authentic as the time
place and circumstances in which they were taken would admit. —
And further that there is in my possession other and equal Evi-
dence in Proof of what is alleged in Wickliffs deposition against

1 The journals of Gov. John Sevier from 1790 to 1815 are on file in the
Mississippi Department of Archives and History.

104 MISSISSIPPI TERRITORIAL ARCHIVES.

Coxe, and of Crimes not there noticed but which it is Unneces-
sary to detail to your Excellency.

With very Respectful Consideration I have the
honour to be,
Sir,

your Excellencys,
His Excy Most obedient humble servant

The Governor of (Signed) Winthrop Sargent

Tennessee.

To Timothy Pickering.

Mississippi Territory January 15th 1799
Sir,

By Judge Tilton who arrived here on the 9th or 10th instant
I was honoured with your favours of the 2d of august (circular)
relative to our Envoys in France — 6th do covering the same with
the notice of Laws &c forwarded me, — and 31st of August
public and private — The Judges Boat was too small to permit his
bringing me on the Stationary or indeed ought save the Laws of
the two last sessions of Congress, the Seal1 for the Territory,
Commissions and the Instructions to our Envoys in France
which I shall distribute according to the intention of Govern-
ment.

The Judge's arrival gives us (authority) to Legislate — it
was most essential and we will set about it without delay though
with much regret on my part at the want of the Laws of the
several States, as we must be compelled to form our Code from
the Volumes of the Northwestern Territory, which I by no means
can be induced to believe a very good Basis.

If I mistake not Sir I have already advised you of the number
of seals with the Inscriptions which I believe proper for this
Territory but my papers being with the Secretary and the bearer

1 The Great Seal of the Mississippi Territory, which was brought by
Judge Daniel Tilton, one of the Territorial judges, followed in design the
Great Seal of the United States, with changes in lettering. It bore date
of 1798, and was furnished by Secretary Timothy Pickering.

GOVERNOR VVINTHROP SARGENT. 105

of this setting off immediately I can not exactly determine in
season for advertizing you by this Conveyance.

By your observations Sir upon Indian affairs am relieved
from some embarrassment, and find myself very much obliged —
I persuade myself that Government will speedily Ordain the due
arrangements to System and the full Execution of the Laws
regulating the Superintendents of the Indian Concerns.

In former Letters Sir I have taken leave to State to you the
Necessity of holding a Treaty with the Southern Indians — En-
tering into certain stipulations to keep them apart from the
white people, with their Expectations founded upon promises
of Mr. Ellicott & our practices to the Northern Indians that they
would receive some annual presents from the United States, I
shall therefore delay farther Communication with them than
they absolutely Constrain me to until the pleasure of Government
to my special Instruction in Point may be signified, For as all
Indian Conferences are Expensive it is certainly best our first
should be express and definitive. I have Sir written unto the
Governor of Tennessee of this date demanding of him Zacariah
Coxe as a fugitive from Justice and who is said to be within
his Government — I have accompanied my demand with the
Depositions of Prior and Wickliff which have been transmitted
to our Executive by General Wilkinson — and I persuade myself
this proceeding may obtain tha approbation of Government.

Upon a representation formally made me of desertion so
prevailing amongst the Troops as to hazard the loss of almost
all our Little Army in this Country and some Overtures from
below through General Wilkinson to enter into Stipulations to
prevent it. I have adventured to give assurance that I will
prohibit foreigners from coming into the Territory without au-
thentic passports until the pleasure of the General Government
may be signified to the Contrary, provided the same to be re-
ciprocated by Governor Gayoso and I have good reason to believe

106 MISSISSIPPI TERRITORIAL ARCHIVES.

the advantage will be very much with the Territory, by prevent-
ing an influx of the very worst of men.
With the highest respect I am,

Sir,
your very humble servant,

(Signed) Winthrop Sargent.
The Honble Secretary of State

To Timothy Pickering.

Grove near Natchez January 17th 1799
Dear Sir

I have been honoured and Obliged by your favours of the
8th 10th and 12th instant: — and Mr. Robinson has received
my dispatches for Philadelphia — The Letter to Governour Se-
vier demanding Coxe and a request to Col. Butler for the Escort
in case he should be apprehended. Mr. Burnet called upon me
denying the allegations made against him in Brashears's Letter
which had been previously submitted to Judge Bruin and of
which I informed him. Your declining to transmit the Address1
of this people to the President of the United States, and their pe-
tition to the senate and house of Representatives, meets my Idea
of Delicacy and propriety, for I should believe myself highly
reprehensible in interference with any matters merely Military.
The same Characters addressing your Excellency upon the Prem-
ises made a Deputation to me with some minutes of their pro-
ceedings from which it appeared that your Excellency and the
Governor of this Territory were to be requested to transmit their
Address Petition &c — They informed that they were instructed
to solicit my sentiments as to the style and matter thereof, and
that the reason of your Excellency's being associated with myself
was for the avail of our Joint Influence. — I observed to them
that so far as their wishes might comport with National Inter-
ests I should always believe it my duty to promote them by all

1 The people petitioned for the right to elect their militia officers.

GOVERNOR WINTHROP SARGENT. 107

tha means in my power, that I would alone present their Address
and the petition with certain alterations which I suggested, pro-
vided the same was requested of me in writing and that I be-
lieved myself their only proper Organ of Communication to
the Supreme Executive or General Government, but that I should
make no objection to any application they might be induced to
make to your Excellency — and by Mr. Robinson I have for-
warded them with a Letter in which they were inclosed unto me.

In my Address to the Governour of Tennessee I transmitted
not only Priors but Wickliffs deposition also, giving to the latter
all the Authenticity which a Certificate of Mr. Hyde's Character,
and the almost impossibility of application to a Civil Magistrate
when it was taken may effect — And for another Copy therefore
I have to request. I have no papers or Letters later than the
31st of August at which time the public offices were at Trenton —
The Secretary of State promises me the sevaral Prints from
Philadlphia in which he observes may be particularly useful in
case of the establishment of a Press in this Country.

With respectful esteem I am,

The Honourable Dear Sir

Secretary of State. your most obedient

(Signed) Winthrop Sargent.

To Benjamin Hawkins.1

Mississippi Territory February 1st
Sir

Your Letter afforded me very much satisfaction by the assur-
ance of your being with the Creeks, and their proper Consider-
ation of present circumstances and good disposition towards
the United States.

I had been induced to believe they had banished you
their Nation and been endeavouring to excite the Choctaws

1 Agent to the Creek Indians.

108 MISSISSIPPI TERRITORIAL ARCHIVES.

Chickasaws and Cherokees to take up the Hatchet against the
United States — The story of your exile came from one Mitchell
an Agent with the Choctaws, and I believe by your appoint-
ment.— I like not this man, I believe him ill disposed and Igno-
rant of Indian affairs, but perhaps I mistake his Character — He
however refused at my written request to assist a Messenger in
the Choctaw Nation in apprehending Mr. Coxe who had escaped
from confinement and aided him to take such route that he has
avoided our Justice and returned to the Spanish Dominions by
the way of the Establishment he called Smithland upon the
Ohio River. Mitchell has very improperly encouraged the In-
dians to Visit me here though he knew I was unprepared to
receive them, having descended the River at short notice and of
course without the means of making them any presents — They
have been taught by Mr. Ellicott and others to expect much
and the disappointment may operate evil. — I have stated all
those Circumstances and Considerations to the General Govern-
ment and hope soon to receive their Order in Point. — of which
I believe it proper that you be early informed, and under the
present arrangement for the superintendency of Indian affairs
in this Southern Department it seems to me essential to the
Public Interests that we Communicate freely upon all Indian
Concerns which shall come to our knowledge respectively and
by this sentiment I will be governed.

I will add only Sir to Express a wish that we had an agent
with the Choctaws fully Conversant in Indian Affairs of Strict-
est integrity and Character Unequivocally National.

With due respect and Consideration, I am, Sir
your very humble servant,

(Signed) Winthrop Sargent.

Colo Benjamin Hawkins,

Creek Nation

GOVERNOR WINTHROP SARGENT. 109

To Judge McNary.

Mississippi Territory March 2d 1799
Sir

I do myself the honour of Acknowledging your Polite Letter
of Notice of Mr. Coxes arrest &c — which has some how or other
however been delayed until the present date.

As there are various ways of an Officer's discharging his
duty at this Crisis, and your honour seems to have pursued that
best adapted to support the Interests and honour of our Nation
(in dispite of Popular Prejudice and Passion) I can not avoid
Expressing my most cordial satisfaction upon the Occasion, and
the pleasure I feel in finding my zealous intentions to promote
the Public Weal so Efficiently aided by a Gentleman of your
well known respectability of public as well as private Char-
acter— I have already Addressed the Supreme Executive of
Tennessee in demand of Coxe and I trust with due avail having
predicated the same Substantially, in sufficient form of Law —
if however there be the possibility of demur within your
Observation I shall gratefully receive the Notice and will Calcu-
late upon detention Enough to report my application — Mr.
Coxe Sir has traversed the Indian Country within the Govern-
ment over which I have the honour to preside without a passport,
which is a Crime, amongst others, of which I have not advertized
Governor Sevier, but of which it is not amiss perhaps at this
time to give you information.

I have the honour to be with sentiments of great respect

Sir

your honours,

Obedient humble servant

(Signed)

Winthrop Sargent
The Honourable

Judge McNary

110 MISSISSIPPI TERRITORIAL ARCHIVES.

To Timothy Pickering.

Mississippi Territory March 13th 1799
Sir

In many of my former Letters I have stated unto you that a
very Considerable number of Choctaw Indians were in the habit
of resorting to the settled parts of this Territory and preying
upon the people to their very great distress — that they had been
led to expect some notice from the General Government in Conse-
quence of promises made unto them by Mr. Ellicott, and our
practice to the Northern and Chickasaw Indians and that I be-
lieved it very essential we should enter into some Covenant
with them to prevent the Multiplied aggressions Complained of
— Unless some remedy for the evils should shortly be applied
we may and probably shall be involved in an Indian War — for
the people will not much longer endure with nonresistance the
Continued Spoliations of their property — and violence upon our
part will no doubt be followed by open and avowed hostility — I
have made and shall continue every Exertion in my Power for
the common good. — I recommend patience and forbearance to
the White people and assure the Indians that I have specially
recommended them to the notice and Protection of the General
Government, but I have of late been Constrained to declare that
I would cause them to be punished with imprisonment and stripes
if they shall persist in their Rapine & Plunder — and I have
most Ardently to supplicate Sir immediate Instruction for my
Government.

I have already Advertized you of the arrival of Judge Tilton,
and in Consequence we are at Length Legislating but destitute of
the Laws of the several states we necessarily make instead of
adopting them the right to do which has heretofore been a Ques-
tion— Very Diffident of my own Law Knowledge I feel Ex-
treme Anxious for the presence of Judge McGuire1 who I am
taught to believe is a great professional Character.

1 Judge McGuire was the only lawyer of the Court, and he did not arrive
in the Territory until the autumn of 1799, when the greater part of the
Sargent laws had been made.

GOVERNOR WINTHROP SARGENT. Ill

The Stationary for the Territory arrived a few days past
but there are not any Wafers adapted for the Territorial seal —
The Presses have also come on but no seal for the district or
Supreme Court — I have before informed you Sir that I would
divide the Territory into two Districts the One of which should
be called the District of Adams, and the Other Pickering — We
shall need therefore a seal for the "Supreme Court," and One for
each of the Districts, to be inscribed the seal of District
Mississippi Territory inserting in the Blank the name of the
District.

The Laws of the United States passed under the Administra-
tion of President Washington have not been received. In a
former Letter Sir I took leave to state to you that some Grounds
and Public Buildings at the Villa Gayoso supposed to be the prop-
erty of the United States and also a house at Natchez neither of
which were ever Occupied by the Spanish Military had been
possessed by the Troops of the United States upon surrender
of this Country and were held for Army Uses though they
were unconnected with and Independent of all fortified Posts
and places and might be very useful for Civil purposes — General
Wilkinson has since caused the Villa Gayoso to be abandoned
finding the same an encumbrance but retains the Building at
Natchez, upon which and for the Disposition of those in the Villa
Gayoso I have to request the Order of Government.

I have the honour to be with very great respect,
Sir,

your Obedient humble servant,

(Signed) Winthrop Sargent.

The Honourable Secretary of State.

112 MISSISSIPPI TERRITORIAL ARCHIVES.

To Timothy Pickering.

The following Private Letter was written by his Excellency
the Governour and directed to be entered on the Journal.

Natchez March 13th 1799
My Dear Sir,

In some former Letters I solicited that so soon as I should
have Organized this Government Completely I might be per-
mitted to Visit the Atlantic States for the Adjustment of pri-
vate Concerns important to myself and the Establishment of
my health, the latter reason however thank God, is no longer in
force but from a Connexion which I have formed in this country
there has Originated One (to my feelings) equally important —
Mrs. Sargent1 a Woman of most delicate and tender Constitution,
requires the Benefit of the Northern Breezes and sea air to pre-
serve her for my happiness and her friends — to you Sir who are
a husband and I fondly persuade myself my friend I need make
no apology for this Address — Provided Sir the Storms which
have so long been gathering in Europe should subside and all the
due arrangement for the good Government of this Territory
be made in season, may I be permitted to Visit Philadelphia in
the Summer months by the Way of New Orleans — Or in case the
Necessary Organization here should not be timously effected to
enable me to make so long a Voyage would it be admissible that
I pass with Mrs. Sargent a Couple of the Summer Months at
Pensacola — a place famed in this Country for the Salubrity of
its Atmosphere: — I would or wd. not as should be thought
proper make my Voyage by New Orleans, or through the Lakes —
Upon these subjects my dear Sir I have to request as soon as
possible a line of Advice.

1 Gov. Sargent married Mrs. Maria Mcintosh Williams a short time be-
fore the date of this letter.

GOVERNOR WINTHROP SARGENT. 113

My most Ardent Aspirations for the health of Mrs. Pickering
and yourself and family are most respectfully tendered by,
My Dear Sir,

Your sincere friend, and Obedient humble servant

(Signed) Winthrop Sargent
The Honourable Secretary of State.

To Manuel Gayoso De Lemos.

Natchez March the 14th 1799
Accept Sir I pray you my very sincere and Warm thanks
for your several favours to and inclusive of the first of March
which my present pressing public avocations have prevented
earlier Acknowledging — You are undoubtedly informed that
the Territorial Judges with myself Constitute the Legislature
for this Government, and we are now very much engaged in such
Business1 — I will take leave to transmit to you the Product of
our labours Periodically on sheets as the same shall come from the
Press, persuaded that you will take an Interest in which so im-
portantly concerns a people over whom your Excellency has spe-
cially presided, and amongst whom you have s6 many worthy
Admirers and friends.2

Your Excellency's requests will always receive from me the
most Prompt Attention — Your Courier for upper Louisiane in-
stantly received a Passport through this Territory and a special
Accommodation to that of the United States Northwest of the
River Ohio.

It is not the Order or Spirit of my Government to afford an
Asylum to Fugitives of any colour or discription and I shall
always liberally Construe the Laws and Ordinances of the United

1 The first law of Mississippi Territory bears date of February 28, 1799.

2 Claiborne states that Tilton and McGuire aided the Governor in con-
cocting a code of laws which were in conflict with the Constitution of the
United States. The great majority of the Sargent laws bear the signature
of Sargent, Bruin and Tilton, and few are signed by McGuire, who had not
arrived in the Territory when the first set of laws were enacted. Only two
of the Sargent laws were abrogated by Congress.

114 MISSISSIPPI TERRITORIAL ARCHIVES.

States to enable myself to administer General Justice and per-
fectly Conciliate our Nations which I pray God may always re-
main in amity. The assurances which I have given Mr. Vidal
relative to runaway Negroes seems to have been satiafactory
to him and I trust will be to your Excellency — and I shall imme-
diately set about effecting such regulations as may prevent de-
serters and other infamous Characters from coming within this
Government which perhaps can not in any way be more readily
accomplished than by making Certificates under the Signature
and seal of the Supreme Authority essential to all Foreigners
asking admission but whatever Measures may be adopted shall be
communicated to your Excellency without delay.

And now Sir again let me offer the very grateful acknowl-
edgements of Mrs. Sargent and myself to your Excellency and
Madam Gayoso for all your kind affectionate and Parental At-
tentions to our child, we ardently long to see her and fondly hope
she is at this Moment Winging her way to us.

In the course of events is it not possible we may see you in
this Country — Mrs. Sargent and myself are desirous of Demon-
strating Civility and friendship to Madam Gayoso and yourself
or any of your friends that you shall be pleased to recommend
to our notice — Accept we pray you our ardent and most sincere
Wishes for your health's and happiness, and believe me always
with most respectful Consideration,
Your Excellency's,

Obedient humble servant

(Signed) Winthrop Sargent

Governor Gayoso.

To James Wilkinson.

The Grove Natchez March 17th 1799
Dear Sir,

By the Dragoon I received yours of the 14th the day before
yesterday, but have it not yet in my Power, to acquaint you of the

GOVERNOR WINTHROP SARGENT. 115

Provision to prevent Desertion. I can only observe to you as
he is charged with dispatches and it would be improper to detain
him, that my own Idea and Expectation is that Foreigners should
and will be prohibited Admission without passports from the
Supreme Authority whence they come or other sufficient Tes-
timonial to prove them of good character, but the Legislature
being now in session, 'tis proper I have their Sanction for any
Measure to be adopted.

I have expected the Judges here for two days past — Tomor-
row I shall undoubtedly see them, and this Business will engage
our first attention, and with the result you shall be acquainted
without delay.

The Best wishes of Mrs. Sargent and myself attend Mrs. Wil-
kinson and you, we hope she has recovered of her Indisposition.
I am,

My Dear Sir

With most respectful esteem

your obedient humble servant

(Signed) Winthrop Sargent
General Wilkinson

To Timothy Pickering.

Natchez March 21st 1799
The following private Letter of this date was written by
his Excellency the Governor, and ordered to be entered on the
Journal.
My Dear Sir

I have been honoured with your Public and private Letters of
the 10th of December this Evening, and shall take the first Cer-
tain opportunity to respond specially thereto, — So very anxious
am I of standing well in your opinion — that all my Conduct and
even desires should seem (as I intend them) to be founded upon
strictest propriety, that T can not delay a moment to explain any

116 MISSISSIPPI TERRITORIAL ARCHIVES.

matter that may be problematical, and therefore embrace a very
uncertain Conveyance to reply to the Private Letter.

For the Adjustment of my relative Military rank in case of
service with the regular Troops in this Country, I must confess
I felt very great anxiety but it does not in the present time
seem so very essential as when I took leave to address you
thereupon, and in no case or Circumstance will I trust your
opinion of my Patriotizm prove unfounded.

The subject of Revenue and introduced in mine of September
was with a View to the public interests; to prevent an illicet
Trade with the upper Country and from an opinion that a Port
of entry should be established either at Natchez or the Na-
tional Boundary, where from its being upon the very confine of
our Country, I believed it might be advisable to give the Governor
here a kind of superintendency — and in an aggregate view of
services to allow the "quid pro quo" — the special management of
inspection or indeed any Revenue Offices I certainly believe
very incompatible with the Station of any Territorial Officer
(as such) within this Government.

Your ardent desire for my early arrival in this Territory to
Organize the Militia and which were equalled by my own at
the time of leaving the Northwestern Territory increased ten-
fold upon my arrival here, for every day brought me reports of
French Fleets off the Balize — Militia officers and men organ-
ized under the Spanish Government would not have received
Confidence, if such there had been — but the fact is there was
no Militia in the Natchez District — Governor Gayoso once Con-
templated such establishment, but the Baron Carondelet forbid
it. — To have accepted of Volunteers I must have relinquished
to the people the Power of appointing their own officers, which
Government had specially required I should Exercise myself —
'twas therefore that I adopted the Plan, which I have had the
honour to communicate — The fines seemed absolutely necessary
— I consulted the only Judge present — No inconvenience I am
happy to inform you has accrued — and since the arrival of

GOVERNOR WINTHROP SARGENT. 117

Judge Tilton we have made a Militia Law, taking my (transmit-
ted) regulations for the Basis, for as I have already communi-
cated to you we are Constrained to follow the Practice of the
Northwestern Territory and make Laws being destitute of the
Laws of the Original States.

For your Observations However My Dear Sir, I request you
to accept my sincere thanks and I solicit their Continuance.

The Presidents Speech pamphlet &c are the first Copies that
I have come to hand, notwithstanding the time which has
elapsed since their Publication." — 'tis to me a very Melancholy
Consideration, that my Public and private Communications with
the Atlantic States is so extreme difficult and tedious — I derive
however a hope from a Paragraph in your Public Letter that this
may be remideed and will endeavour to advertize you of the
expense of riding monthly from this to the nearest Post Office.
I am &c &c,

Signed Winthrop Sargent. —

The Honourable Secretary of State.

To John Steele.

Natchez March 22d 1799
Sir

Your long indisposition and many engagements of duty in
your short intervals of Convalenscence have hitherto delayed my
asking your attention to "the Public Records of the district" (or
Territory) * about which I am very anxious and which so soon as
you can anywise make it convenient, I have to request you would
receive from Major Gerault. — They are deposited in Fort Sar-
gent and the Major with whom they were left by the Spanish

1 Reference is here made to the Spanish records of the Natchez District,
which are now on file in the Mississippi Department of Archives and History.

118 MISSISSIPPI TERRITORIAL ARCHIVES.

Government had my direction to place thereon his seal for their
better security.

I have the honour to be with respect and esteem

your humble servant
(Signed) Winthrop Sargent
Col. Steele

Secretary Mississippi Territory

To James Wilkinson.

Natchez March 22d 1799
Sir

The enclosed Proclamation intended to prevent Desertion (and
other evils) by producing a similar Prohibition to Fugitives from
the Governor of Louisiana, I hope may prove Enough Efficient —
It is founded upon a Statute of this Territory, entitled "a Law
concerning alien and Contagious diseases" of which you shall be
furnished with a Copy so soon as it comes from the Press.

I have to request Sir that you would give the necessary
orders to the Officers Commanding at the Military Posts in aid of
this Proclamation — and I presume Sir to suggest to you an
Opinion that the Establishment of a Post somewhere about the
Grindstone Ford upon the Bayou Piere which I believe you have
already had in Contemplation might be highly Beneficial to the
Purpose.

I have the honour to be, Sir,

with very respectful esteem,

your Obedient humble servant,

(Signed) Winthrop Sargent.

General James Wilkinson.

To James Wilkinson.

^ _. Natchez March 22d 1799

Dear Sir

I enclose you Extracts of a Letter from the Secretary of

State respecting Coxe his arrest &c &c and the Attorney Gen-

GOVERNOR WINTHROP SARGENT. 119

eral's opinion relative thereto — it is more than probable that
the Supreme Court of the Mississippi Territory will be held 'ere
long and though Coxe may not be brought before them, yet that
some of his associates (Young Cox and Hancock) will — for
any and every Communication you can make me of these crimi-
nal proceedings I shall be very much Obliged — I must request of
you a List of the most material Evidences with information
where they are to be found — Also a Copy of the Deposition
which I was Constrained to send on to Tennessee, and which you
were good enough to promise to replace.

(Signed) Winthrop Sargent
General James Wilkinson.

General Militia Orders

March the 25th 1799 Mississippi Territory
The Commander in Chief herewith transmits to each and
every Field Officer and Captain of Militia in the Mississippi Ter-
ritory the Law for establishing the Militia thereof, which with
the regulations before Published (and not Militating with the
said Law are to be fully and Punctually Observed.

Commissions for the Officers will be made out so aoon as the
Commander in Chief is furnished with a List of those who have
accepted their Appointments; he hopes to receive the same
without delay — to include all the Officers of the upper District
from Lieutenant Colo. West — a List of the Officers of the Cav-
alry in the lower District from Major Osmun, and a return of
Infantry Officers in the same District from the Captains or
Officers Commanding Companies. It is his intention to Complete
the Corps in Officers without delay — and in all Vacancies which
shall subsequently happen to pay every possible attention to
seniority — In order to which the relative Rank of Gentlemen
will be determined upon the Usual Military Principles either By
himself or a Board of Field Officers.

120 MISSISSIPPI TERRITORIAL ARCHIVES.

In enrolling the Militia the Commander in Chief has been
desirous that the officers and men should be Classed in such order
as might be mutually satisfactory, having in View however
the Absolute Necessity of such arrangement as may ensure the
most readily embodying the Companies for Defence and Exer-
cise— But an Idea which it seems has prevailed, that it is abso-
lutely necessary for the privates to signify their intention of
being in some one or other Corps or Company is very Erronious.
— for it is enough that the Officers shall arrange their respective
Companies upon the General Principles of Convenience herein
before Noticed and Advertize the Concerned according to Law. —
This Measure must be immediately pursued, that no more delay
in the Musters and Exercises which have been ordered may be
Experienced. — for such is the Spirit of the Law, which the Com-
mander in Chief and every Militia Officer are in honour and duty
bound to Carry into full and Complete Effect.

(Signed) Winthrop Sargent

By the Governor of the Mississippi Territory.
A Proclamation.

Whereas it has been represented unto me, that
[L.S. ] the people of this Territory are suffering under the
purpetration of High Crimes and Misdemeanors as
well as Civil injuries, of a very aggrevated Nature,
by Persons unknown. — and Whereas there are, good and suffi-
cient reasons to believe, that many of those offences, Originate
in the Indiscriminate Admission of Aliens, amongst whom are
some of the most abandoned of Characters — Be it known there-
fore, that I have thought proper to issue this my Proclamation,
Ordering, and directing, that no Foreignirs be Admitted within
this Territory, but by Passports duely authenticated, under the
seal, and signature, of the Supreme Authority whence they may
come, or other sufficient Credentials to Establish them of good

GOVERNOR WINTHROP SARGENT. 121

Character — and that they shall report themselves immediately
upon their arrival in the settled parts of this Territory, to some
one of the Conservators of the Peace, or Military Officers Com-
manding the Posts of the United States, that the Governour may
be informed thereof without delay — and the said Conservators
who have been heretofore Authorized to administer the Oath of
Allegiance to the United States are to make report to the Gov-
ernor of all Aliens within their respective Districts, specifying
their Names, Age place of Nativity, the Nation to which they
belong and Owe Allegiance, their Occupation, and the Arms and
Ammunition of which they are Possessed.

Given under my hand and the Public Seal

at Natchez this twentyeth day of March

in the Year of Lord One Thousand Seven Hundred

and Ninetynine, and of the Independence

of the United States of America,

the Twenty third.

(Signed) Winthrop Sargent.
By his Excellencys Command,

John Steele Secretary.

To James Wilkinson.

His Excellency the Governour having thought proper to
write the following Letter, partly private and partly Official
it is entered in the Journal Accordingly —

Natchez 25th of March 1799
Dear Sir,

I received yesterday from his Excellency Governour Gayoso
the "Moniteur de la Louisiane" — No 91" Containing a Copy of a
Provisional Convention Between your Excellency and the Gov-
ernor signed by your Brigade Major Lovell. Said to be "em-
powered to make your Signature" and which I have read with an
equal degree of pain and astonishment, from an apprehension
that I may directly or indirectly be implicated in the Measure,

122 MISSISSIPPI TERRITORIAL ARCHIVES.

It certainly is very much my inclination as well as duty to
afford every aid I can to the good Order and Efficiency of the
Military, and to this End to prevent as far as is Constitutionally
in my Power the desertions from the army Under your Com-
mand— "Twas therefore that I issued my Proclamation bearing
date the 20th instant which is founded upon a Law of the Terri-
tory, requesting at the same time your Excellency's Support;
which I had persuaded myself would have been afforded by es-
tablishing Guards at the avenues to this Government to prevent
the admission of Aliens not provided with due Testimonials —
and by producing an equal Caution in the Province of Louisiane
effectually fulfilled the intention of the Legislature, as it related
to the army, — for it can not be supposed that Deserters will
ever bear passports from authority here or any sufficient Cre-
dentials of Good Character — In a Letter bearing date the 3d- of
January (upon your Excellency's representation of the alarming
prevalence of Desertion) I empowered you to assure Gov-
ernor Gayoso that I would prohibit the Inhabitants of Louisiane
from entering this Territory, but by his permission, Conditioned
that he remedied the evil Complained of — The Proclamation is
substantially a performance on my part — and 'tis better, for
'tis sanctioned by Law — No other authority is emanent from me,
and I should I assure you My Dear Sir, feel myself very reprehen-
sible did I not declare to you that the "Provisional Convention"
which Mr. Lovell must have inadvertently entered into is not only
Contrary to a Statute of this Territory, but Unconstitutional —
And that I feel it my duty to make Testimony against it — if it was
true that a Military Officer had the Power to arrest and Convey
beyond the Limits of the Territorial Jurisdiction any man upon
any pretence whatever (not voluntarily Submitting himself to
such authority) then would our Government become essentially
Military — and that such is our Situation has gone abroad to
the World by the Publication before mentioned — It remains to
be Contradicted and my Private feelings are in perfect Unison
with my Duties to your Public Character to make the manner as

GOVERNOR WINTHROP SARGENT. 123

agreeable as possible to yourself — I enclose you a Copy of the
Law upon which my Proclamation was founded.
I have the honour to be with very

respectfull Consideration,
My Dear Sir,

your Obedient humble servant,

(Signed) Winthrop Sargent
General James Wilkinson.

To John Steele.
Dear Sir

I wish you with the assistance of Mr. Walker to have the
Blanks of the within Proclamation filled and afterwards pub-
lished when you shall have Countersigned the same — it is un-
necessary to tell you it must be a matter of Record — As Judge
Tilton is in the House with you, I will ask the favour of your
acquainting him, that the seals for the divisions of the Territory
will be inscribed County seals which must induce a Conformity
in the acts of the Territory — I trust we have not proceeded so
far as to Cause any great inconvenience to Mr. Walker or the
Printer, I wish the Judge or yourself to give the Necessary in-
formation to them.
With much esteem,

Dear Sir

yours &c —

Signed Winthrop Sargent
Col. Steele Secretary, Mississippi Territory

By Winthrop Sargent Governour of the Mississippi Territory.

A Proclamation
[L.S.]
It having been represented unto me that some persons un-
known did upon the 24th instsnt at or near the house of a Mr.

124 MISSISSIPPI TERRITORIAL ARCHIVES.

Swezy in the Vicinity of the Town of Natchez, and again in the
said Town upon the 28th Instant at the house of Patrick Con-
nelly Violently assault some Choctaw Indians — Beating, Maim-
ing, and Wounding them, in so cruel and Barbarous a manner,
that death will probably ensue — and whereas such aggres-
sions so disgraceful to a Civilized People and Repugnant to the
Statutes of this Territory, not only as they may involve the inno-
cent with the guilty in the fatal and dreadful Consequences of
that Spirit of Retaliation so strongly marking the Character of
the red people — but as outrages upon all Government and the
rights of society, Demand from the Constituted authorities of
this Territory the most Energetic Measures for their Punish-
ment and suppression, I have thought proper to issue this my
Proclamation requiring from all Civil and Military Officers, and
good Citizens within this Territory (According to their respect-
ive duties) every possible exertion to apprehend and bring to
Justice the Authors and purpetrators thereof.

Given under my hand and the public

seal at Natchez the Thirtyeth day of

March in the year of our Lord

One thousand Seven Hundred and

Ninetynine and of the Independence of the

United States of America the

twentythird

(Signed)

Winthrop Sargent
By His Excellencys Command

John Steele Secretary

To Jose Vidal.1

Mississippi Territory 28th of March 1799
The Governour presents his Compliments to Mr. Vidal, re-
quests he would favour him with an Account or information of
1 Spanish Consul at Natchez.

GOVERNOR WINTHROP SARGENT. 125

the Buildings tenements and Lands Ceded and delivered up by
the Spanish Government to the United States as belonging to
the Crown of Spain, specially distinguishing such as appertain
to Forts and Fortresses, and any Lots or Tracts of Land Con-
tested with his Government (or ours as their successors) by In-
dividuals, together with the grounds of Contest, so far as he may
be Acquainted therewith — Mr. Vidal will undoubtedly receive
this request as relating only to the Mississippi Territory.

The following Private Letter written by his Excellency the
Governour was deemed necessary to be entered on the Journal,

and is entered accordingly.

Natchez March 29th 1799
Dear Sir,

I have been honoured with your favour of the 25th by Mr.
Mcintosh — and await your response to mine of that date 'ere
I write Governor Gayoso and enclose the Proclamation which I
conceive it encumbent upon me to do.

It is the opinion of the Judges that we can not make farther
or better provision to prevent desertion than in the Law Concern-
ing Aliens which I have transmitted you — and that the Carrying
into effect the Convention of Mr. Lovell with Governor Gayoso
would Constrain their Official Notice, though I am sure you will
not doubt their very anxious desire to prevent desertion by all
Lawful Means.

I view it practicable as I have before informed you to stop
the Spanish Deserters at the line but there seems to me a very
Material Difference between such a rule of Conduct and that ap-
prehending them after they shall be within the Territory by a
Military Officer, — in manner as is provided by the "Convention"
In the law which we have published deserters you will observe
are not specially named — though they are included in the Pro-

126 MISSISSIPPI TERRITORIAL ARCHIVES.

hibition and my reason therefor (I have not yet had the oppor-
tunity of Consulting Vattel)1 was that it might be deemed an
assumption of Power properly National.

I am sure I need not repeat to you that if there yet remains
any thing on my part to be Constitutionally done in the Premises
or for Public Service that you may Command me. for my in-
clination and Duty for Exertion perfectly Accord.
I am my Dear Sir

affectionately yours

(Signed) Winthrop Sargent

Proclamation.
By Winthrop Sargent Governour of the Mississippi Territory.

To all persons who shall see these presents, GREETING,2

Whereas it has been directed by the sovereign authority
of the United States that for the due Execution of Process Civil
and Criminal within this Territory, the Governour shall make
proper Divisions thereof, and proceed from time to time as Cir-
cumstances require to lay out the same into Counties and Town-
ships— subject to future alteration as may be directed — and
it appearing to me Necessary for the purposes above mentioned
that two Counties should be erected and laid out — I do
Ordain and order by these Letters made Patent, that all and
singular the Lands lying and being within the Boundaries of the
Mississippi Territory (as described in the third Section of the
Law of the United States bearing date April the seventh One
thousand Seven Hundred and Ninetyeight for Establishing this
Government) SHOULD CONSTITUTE two Counties
— The division of which shall be a line Commencing at the mouth

1 Vattel's "Law of Nations."

2 This proclamation establishes the first two counties of Mississippi Ter-
ritory, and provides a system of courts.

GOVERNOR WINTHROP SARGENT. 127

of Fairchilds Creek, and running direct to the most Southern
part of Ellicott's Ville — Thence Easterly along the dividing ridge
of the Waters of Cole's, and Sandy Creeks. — so far as the pres-
ent settlements extend, and thence by a due East Line to the
Territorial Boundary — The Southern or lower Division of which
is named and hereafter to be called the County of Adams, and
the Northern or upper Division, the County of Pickering.

AND I do further ORDAIN, that the County Courts
which have been by Law Established shall be holden and kept
therein, in the following Order Viz : For the County of Adams,
in the Town of Nathcez at such place as shall hereafter be di-
rected, the Court of General Quarter Sessions of the Peace upon
the first Mondays of May, August, November, and February,
yearly and every year, — The Court of Common Pleas upon the
next succeeding Wednesdays, in the same months also Yearly
and every Year.

And that the Judge of Probate, shall hold a Court of Probate
in the Town of Natchez, upon the first Saturdays immediately
following the time prescribed for the Court of Common Pleas,
Yearly and every year.

In the County of Pickering and at the Villa Gayoso, the Court
of General Quarter Sessions of the Peace shall be holden upon
the third Mondays of May, August, November, and February,
Yearly and every year. — The Court of Common Pleas, at the
same place, and upon the Wednesdays immediately following in
the months aforesaid, Yearly and every year, — And the Judge of
Probate, shall hold a Probete Court also at the Villia Gayoso,
upon the first Saturdays next ensuing the times prescribed for
the sittings of the Court of Common Pleas, in each and every
year. — And unto the said Counties of Adams and Pickering, are
hereby granted all and singular the Jurisdiction, Rights, Lib-
erties, Priveleges and Immunities whatsoever, to a County be-
longing and appertaining. — And which any Other County that
may hereafter be erected and laid off, shall or ought to enjoy,

128 MISSISSIPPI TERRITORIAL ARCHIVES.

Conformably to the Laws and Ordinances of the United States,
and of this Territory.

In Witness whereof I have hereunto
set my hand, and caused the Public
seal to be affixed this second day of
[L.S.] April Anno Domini One Thousand

seven hundred and Ninetynine, and in
the twentythird year of the Independence
of the United States of America.

Winthrop Sargent
By his Excellency's Command

John Steele Secretary.

To James Wilkinson.

His Excellency the Governor having written the following
private Letter directed that it be entered on the Journal.

The Grove Evening of Apl. the 3d 1799
Dear Sir,

I had flattered myself that merely transmitting unto you the
Extract from the Letter of the Secretary of State, Commanding
me to take charge of the Public Buildings within the Missis-
sissippi Territory, (those of the Forts excepted) would have
induced your Order for their immediate surrender, without a
more formal application. — Immediately upon your arrival in
this part of the Territory, I took leave to state to you, that they
were in my opinion very improperly withheld by the Military. —
that they were necessary to the Civil Government in this Coun-
try, and that I conceived myself the proper Guardian of all
Public property not absolutely appertaining to the Fortresses,
and if I mistake not, requested instead of demanding such as
had been placed under your Order of this discription — With your
assurances of a perfect disposition to accommodate the Civil
Authority with the Buildings which are the subject of this pres-

GOVERNOR WINTHROP SARGENT. 129

ent Address but that you "dared not" so dispose of them — I have
rested satisfied until the receipt of the Order of the Secretary of
State in which it appears he had the Concurrence of the Min-
ister of War — Your declaration that so soon as the Occasion
should Cease for detaining the Public Buildings at Natchez for
the accommodation of Captain Heth and Doctor Phifer you will
deliver them up would be enough for me but that I am under
the Necessity of Appropriating them to Civil Purposes, without
delay — Provided I may Obtain them, I am not anxious about
nonessentials, and merely as it respects myself 'tis immaterial
whether they be delivered as a matter of Curtesy or of Right,
and shall not, I assure you Attempt any Coercive Measures to
Obtain them — I shall not even permit it to be promulgated in
this Territory that a demand has been ever made and refused —
The Consequences of such report by inducing the Belief of oppo-
sition to Civil authority might in this distant part of the Union
be very pernicious — I shall enclose an Official Demand and there
rest the matter fondly hoping your Compliance, and whether or
not that you will believe me actuated by a sense of duty, and that
I am at all times perfectly disposed to afford all the Convenience
and accommodation to the Military in my Power.

Mrs. Sargent Joins me in respectful regards to Mrs. Wilkin-
son and yourself. I am,

My Dear Sir
with very sincere esteem
yours
Winthrop Sargent

P. S. I do not feel myself Authorized to request your de-
tention of Persons leaving this Territory without my passports,
such request has escaped my memory — It must I think have
been made upon some very special Occasion

General James Wilkinson.

130 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Wilkinson.

sir Natchez April 3d 1799

In Consequence of the receipt of yours of the 27th ult re-
ceived this day, 'tis encumbent upon me Officially to Address
to you the following Extract of a Letter from the Secretary of
State.

"The Public Buildings, (those of the Fort excepted) within the Mis-
sissippi Territory ought to be in the hands, and under the care of the
Government — you will take charge of them Accordingly. If necessity or
Convenience at any time should render it proper to apply them to the Use
of the Military, the Application for them must be to the Governour, — The
Secretary of War entirely Concurs with me in this matter."

Signed. "Timothy Pickering "

From the foregoing I have to ask Sir, that you would be
pleased to direct the Public Buildings of the Secretary's dis-
cription which are in the Town of Natchez to be surrendered to
me — Proposing that the Courts of Justice should sit in the
Town, early in May and having Occasion for Offices, for the Sec-
retary of this Territory and myself I have to solicit your imme-
diate attention to this request.

I have to assure you of my perfect disposition to afford every
Convenience in my Power to the Military upon all Occasions.
I have the honour to be with most respectful
Consideration

your obedient humble servant

(Signed) Winthrop Sargent
General James Wilkinson

A Proclamation.
Mississippi Territory.

By Winthrop Sargent Governour of the

Mississippi Territory.

To all who shall see these presents, — Greeting. KNOW

Y E, that I have by these Letters made Patent appointed and

Commissioned as Justices of the Common Pleas in the County

of Adams, Daniel Clarke, Bernard Lintot, Thomas Burling, John

GOVERNOR WINTHROP SARGENT. 131

Ellis, Thomas Wilkins, Abner Green, George Fitzgerald, and
John Collins Esquires and do authorize and Empower them,
or any three of them, to hold and keep a Court of Record in the
said County to be styled agreeably to the Law in such case made
and provided, "The Court of Common Pleas of the County of
Adams," and hear and determine all manner of Pleas, Actions,
Suits and Causes of a Civil Nature, Real Personal and Mixed,
according to the Constitution and Laws of the Territory.
In Testimony whereof, I have Caused the
Public Seal to be hereunto affixed — and
Undersigned my name. Dated at Natchez
Territory aforesaid, this fifth day of April, An-
[L.S.] no Domini One Thousand seven hundred

and Ninetynine, and of the Independence
of the United States of America, the Twenty
third.

(Signed) Winthrop Sargent.
By His Excellency's Command,

John Steele Secretary.

Treasurer of Adams County.

His Excellency the Governor was pleased to appoint Bernard
Lintot Esquire Treasurer for the County of Adams, — To whom
he Granted a Commission in the Words following Viz.
By His Excellency
Winthrop Sargent Esquire,
Governor and Commander in Chief of the
Mississippi Territory,
to all unto whom these presents shall come, Greeting.

KNOW YE, that I have Constituted and appointed, and
do by these presents Constitute and appoint Bernard Lintot
Esquire to be Treasurer in the County of Adams, and do hereby
Authorize and empower him, to do and perform all and whatso-
ever to the Office and Duty of a Treasurer in the said County
doth any ways belong or appertain.

132 MISSISSIPPI TERRITORIAL ARCHIVES.

In Testimony whereof I have caused the Public seal to be
hereunto affixed : Witness

Winthrop Sargent Esquire,
Governour and Commander in Chief.

Dated in the Territory the fifth day of April
Annoque Domini, One thousand seven
[L.S.] Hundred and Ninetynine, in the twenty third

year of the Independence of the United States
of America.
By His Excellency's Command,

John Steele Secretary.

Appointments.

His Excellency the Governour was pleased to appoint William
Dunbar Esquire Judge of Probate, Lewis Evans Esquire Sheriff,
Milling Wooley Esquire Coroner, Peter Walker Esquire Clerk
to the Court of General Quarter Sessions, and Prothonotary to
the Court of Common Pleas, and John Henderson Esquire Re-
corder for the County of Adams, to each of whom he Granted
Commissions respectively in the general words of the foregoing
Commission of Treasurer to Bernard Lintot Esquire, Mutates
Mutandus and dated the fifth day of April in the year One
thousand seven hundred and Ninetynine

Appointment.

His Excellency the Governor was pleased to appoint Justices
of the peace, and of the Quorum for the County of Adams, to
whom he Granted a Commission in the words following Viz. —
Mississippi Territory.

By His Excellency,

Winthrop Sargent Esquire,
Governour and Commander in Chief of the Militia of the
Mississippi Territory within the United States of America.

GOVERNOR WINTHROP SARGENT. 133

To all unto whom these presents shall come — G r e e t i n g.

KNOW YE, that I have Authorized and empowered Dan-
iel Clark, William Dunbar, John Ellis, James Mcintosh, Thomas
Wilkins, and Abraham Ellis Esquires Justices of the Peace in
the County of Adams, to hold and keep a Court of Record in and
for the said County, to be named and styled agreeably to Law, —
"The Court of General Quarter Sessions of the peace" — and
therein to Enquire by the Oaths of good and Lawful men of the
said County by whom the truth may be better known, of all and
all manner of Thefts, Trespasses, Riots, Routs, and unlawful
assemblies whatsoever, and all and singular other misdeeds and
offences of which by Law Justices of the Peace in their General
Sessions may and ought to Enquire, by whomsoever, and how-
soever done or perpetrated, or which shall hereafter happen
howsoever to be done or attempted in the County aforesaid, Con-
trary to the form of the Ordinances and the Acts of Congress,
and of the Laws and Ordinances that now are or hereafter shall
be made for the Common good — And to hear and determine all
and singular the said Thefts, Trespasses, Riots, Routs, Unlaw-
ful Assemblies, and all and singular other the Premises, and to do
therein what to Justice appertaineth According to the Laws and
Ordinances aforesaid.

In Testimony whereof I have caused the Public
Seal to be hereunto affixed, and Undersigned
[L.S.] my name, Dated at Natchez Territory aforesaid
this Sixth day of April Annoque Domini
One thousand seven hundred and Ninetynine
and of the Independence of the United States
of America the twentythird

Signed Winthrop Sargent
By His Excellencys Command

John Steele Secretary

134 MISSISSIPPI TERRITORIAL ARCHIVES.

Appointments.

His Excellency the Governor was pleased to appoint Philan-
der Smith, Joshua Howard, John Collins, Charles Bourdman,
Robert Dunbar, William Vousdan, and Hugh Davis Esquires,
Justices of the peace, to each of whom he Granted a Commission
in the words following Mutates Mutandus. Viz.

By His Excellency.
Winthrop Sargent Esquire.
Governor and Commander in Chief of the Militia of the
Mississippi Territory within the United States of America.
To all unto whom these presents shall come — G r e e t i n g.

KNOW YE, that I have assigned and Constituted, and do
by these presents Constitute and appoint, (Philander Smith)
Esquire) to be One of the Justices to keep the peace in the County
of Adams, and Territory aforesaid. And to keep and Cause to
be keept the Laws and Ordinances, made for the Good of the
peace, and for the Conservation of the same, and for the quiet,
Rule and Government of the Citizens and Subjects in the said
County, in all and every the articles thereof, according to the
force, form and effect of the same, and to Chastise and Punish
all persons, offending against the form of these Laws, and Or-
dinances or any of them in the County aforesaid, as According
to the form of those Laws and Ordinances shall be fit to be done ;
and to Cause to come before him the said (Philander Smith)
Esquire all those that shall break the peace, or attempt any thing
against the same, or that shall threaten any of the Citizens and
Subjects in their Persons, or in burning their houses, to find suffi-
cient security for the peace, and for the good behaviour towards
the Citizens and subjects of this Government; and if they shall
refuse to find such security, then to Cause them to be kept safe
in Prison until they shall find the same, and to do and perform in
the County aforesaid all and whatsoever according to the Laws
and Ordinances, or any of them, a Justice of the Peace may and
ought to do and perform; and with other Justices of the peace

GOVERNOR WINTHROP SARGENT. 135

in the same County (according to the Tenor of the Commission
to them granted) to enquire by the Oaths of good and Lawful
men of the said County, by whom the truth may be better
known, of all and all manner of Thefts, Trespasses, Riots, Routs,
and Unlawful Assemblies Whatsoever, and all and singular other
misdeeds and offences, of which by Law Justices of the peace in
their General Quarter Sessions may and ought to Enquire, by
whomsoever or howsoever done or perpetrated or which shall
hereafter happen, howsoever to be done or attempted in the
County aforesaid, Contrary to the form of the Laws and Ordi-
nances aforesaid made for the Common good of the Citizens and
subjects ; and with other Justices of the peace in the same County
(according to the Tenor of the Commission to them Granted) as
aforesaid to hear and determine all and singular the said Thefts,
Trespasses, Riots, Routs, unlawful assemblies, and all and sin-
gular other the Premises, and to do therein as to Justice apper-
tained according to the Laws, Statutes, and Ordinances afore-
said.

In Testimony whereof, I have caused the Public seal to be
hereunto affixed. Witness,

Winthrop Sargent Esquire,
The Governour and Commander in Chief.

Dated at Natchez in the said Territory the
sixth day of April, Anno Domini, One thousand
[L.S.] seven hundred and Ninetynine, and in the

twentythird year of the Independence of the
United States of America.
By His Excellencys Command,

John Steele Secretary.

Keeper of the Seal.

His Excellency the Governor was pleased to appointed Wil-
liam Williams Gentleman Keeper of the seal for this Territory,
and Granted to him a Commission for the same, in the general

136 MISSISSIPPI TERRITORIAL ARCHIVES.

Words of the Commission "Granted to Bernard Lintot Esquire
Treasurer" Mutatus Mutandus and dated the fifth day of April
in the year One Thousand seven Hundred and Ninetynine, — and
of the Independence of the United States of America the twenty-
third.

To. Capt. John Heth.1

The Grove. Feby 23d 1799 3 oClock P.M.
Sir,

I have this moment received your Notice of your intended
Evacuation of the Buildings at the Villa Gayoso upon the Mor-
row morning, and wish that there had been an Indulgence of
more time to have enabled me to have possessed them for the
United States — If you should not leave Natchez previous to
Tuesday upon this Business, I may have it in my Power to
make the suitable arrangements.
I am &c &c.

(Signed) Winthrop Sargent
Captain Heth.

To William Ferguson.2

The Grove near Natchez
February 23d 1799
Sir

General Wilkinson has this day signified to me his intention
of immediately withdrawing the Troops heretofore stationed
at the Public Buildings, in the Villa Gayoso, and delivering them
over unto my requisition — I have therefore to request you v.'ould
be pleased to receive them from Captain Heth or any other
person Authorized to make the delivery — To close the doors
and Windows and publish this my Letter or a Copy thereof upon

'In command of a company of United States troops.
2 First Sheriff of Pickering (now Jefferson) County.

GOVERNOR WINTHROP SARGENT. 137

the Church as information unto all whom it may Concern that
they are to be Considered as the property of the United States,
unless it may hereafter be otherwise Ordained — That all waste
or injury of the same, or an attempt to possess either of the
Buildings without my special permission, will be Considered as
a public Wrong — At this same time Sir, I authorize you to
suffer for the present any person of good Character to Occupy
either of the dwelling houses in the Village provided he will be
responsible for the safe keeping of the whole.

I am &c.

(Signed) Winthrop Sargent.
William Ferguson Shff. Northern District.

To Manuel Gayoso De Lemos.

Natchez April 15th 1799 —
Sir,

I enclose you the response of Figuroa to Captain Peter
Marigny obtained by my request for precept from the Execu-
tive in such Case is inadmissible under the American Govern-
ment: The 22d article of the Treaty between the United States
and Spain, provides ample remedy for the Captain at our Tri-
bunal and I will at all times take great pleasure by my Council
or otherwise in aiding every application of your Excellency's,
so far as I can in propriety — I have Necessarily delayed this
to obtain the translation of yours which I am not fully satisfied
is Correct for in the Decree it is "required" in the name of his
Chatholic Majesty that Figuora "be notified &c" and being
in iffect a Command can not operate in any of the Dominions
of the United States ; In this Territory Sir though perfectly dis-
posed to Continue the good disposition of Spain to my Country
by every Act of Accommodation in my Power, I shall neverthe-
less as in duty Bound fully maintain their sovereignty. I am
disposed to believe that in the original on translation there may

138 MISSISSIPPI TERRITORIAL ARCHIVES.

have been some mistake and 'tis therefore and upon your Ex-
cellencys request I have enclosed the answer of Figuora.

I had intended to have transmitted unto your Excellency my
Proclamation to prevent the Admission of Foreigners of Cer-
tain Character within this Territory, but waited the Publica-
tion or Printing of the Law, upon which the same is founded
to accompany it; General Wilkinson informs me he has already
offered it to your Excellency and I persuade myself that amongst
other good effects it will be found sufficient to prevent desertions
from our Armies, which must be mutually Beneficial —
With respect I have the honour to be &c &c

(Signed) Winthrop Sargent

Governour Gayoso.

To James Wilkinson.

Natchez April 17th 1799
Dear Sir

This morning I had the honour to receive your Public and
Private Letters of th 9th and 10th Instant from which it ap-
pears that the Secretarys of State and War do not Concur in
sentiment with regard to the disposal of the Public Buildings
in this Country, the assurances of the former to me Notwith-
standing.— I can not Conceive however that an Order, for
application to a Civil Officer for the Use of such Buildings for
the Military when their Necessity or Convenience might make
the same proper will Justify the forciably withholding them,
more especially as the Consequent probale (probable) Expense
to the United States will exceed any sum Necessary to the suit-
able and Customary Accommodation for the Occupying Officer.

I presume not however Sir, to Construe for you, I have done
my Duty, save reporting our Correspondence upon this subject,
to the proper Department and According to Law; — It arises
out of your Polite application however for me to add, that I be-
lieve it very Essential to the Public good to Continue a small

GOVERNOR WINTHROP SARGENT. 139

Garrison at Natchez; and as my possessing the Buildings here
must depend altogether upon your withdrawing the Troops I
shall endeavour (timely if possible) to make other Provision,
for Civil purposes without troubling you more.

You will Excuse I hope my further Adding, that I am in-
formed the house Occupied by Captain Heth, and Dr. Phifer
requires immediate attention to prevent its falling and that there
are by a return of the Public Buildings which has been handed
to me a greater Number at Natchez than by your Letter you ap-
pear to know of.

I am with much esteem and Respectful

Consideration yours

Signed Winthrop Sargent

P. S. I am joined by Mrs. Sargent in acknowledgement of the
kind remembrance of Mrs. Wilkinson and yourself, and we re-
peat the assurance of our very sincere regards, and Continued
wishes for your health and happiness — to preserve which give
me leave to advise your very early removal from the Cliffs —
With the subsiding of the Waters will Certainly Commence
Sickness.

General James Wilkinson.

To Timothy Pickering.

Sir Mississippi Territory April 20th 1799

Upon the 21st Ult I had the honour to acknowledge in a
Private Letter — and by a very Uncertain Conveyance your
Public and private Favours of December the 10th, received upon
that date; since which to this time, no Conveyance has offered
for Philadelphia, I embrace now the Opportunity sir, to notice
all the Subjects of your Public Letter — and in the first place
it is proper I should observe upon the Spanish Consul and that
such an Officer might be made use of to the more readily Ob-
taining that Justice which it is provided by Treaty, the Span-

140 MISSISSIPPI TERRITORIAL ARCHIVES.

iards may Obtain at our Tribunals Generally, and for the Expe-
ditious recovery of Fugitive Slaves as well as in Common Con-
sular duties arising out of the Commercial intercourse with
Louisiana and this Territory which with the Extensive Con-
nexions of Spain below and upon the upper Mississippi brings to
our shoars Boats in no inconsiderable Number and amongst the
Crews disputes sometimes arise perhaps properly the Province
of Consular Decision —

With regard to Continuing the Mail from this Country from
Nashville as far as I have been able to inform myself it will
Cost thirteen hundred Dollars per year to receive the same
monthly — The way proposed at present would be from Natchez
through the Nocksaby a Choctaw Town and the Residence of
Mitchell the Indian Agent, to Nashville a distance of about Six
hundred miles — 'Tis much the same Distance by the Big Town
of the Chickasaws — By the Tellico Blockhouse or Knoxville
there would perhaps be but Little difference and the way most
Certain at present on Account of Obtaining Boats from the White
People or Indians to pass the Tennessee. — It is generally be-
lieved, that the road would be shortned and Communication fa-
cilitated by marking the same directly between the Yasous and
Pearl Rivers to the Chickasaw Big Town so as to avoid the Choc-
taws altogether. — Which marking however would be Expen-
sive^— and the way forward from Big Town to Tellico Block-
house or Knoxville through a part of the Cherokee Country — of
Course their Consent must be had thereto. — Perhaps however
the most Certain and least expensive Way of transporting the
Mail, would be by fixing an Agent with the Chickasaws beyond
the Big Town and at or near the Tennessee — To carry the same
from Natchez to the said Agent monthly by Contract and to
use the Indians thence to Nashville, Tellico Blockhouse or Knox-
ville— We want an Agent with the Chickasaws; Mitchell whom
I think ill of and who was appointed by Colo Hawkins has
declined it and the great Path to the settlements leads through
the Chickasaw Nation — A Mr. Stuart comes forward for the

GOVERNOR WINTHROP SARGENT. 141

appointment; I employed him to retake Cox in the Nation and
found him trusty. He believes the office may be supported alto-
gether from the Emoluments of a Ferry over the Tennessee if
it might be granted him — 'twill perhaps be Economy Sir to
Establish it — provided the Indians shall not object; the same
however resting with the General Government I request your
Instructions thereupon — as also some general Rule for his reg-
ulation, if it may be assented to- He has Judgement enough
to Employ in discretion runners with the Mail from Tennessee —
to Tellico Blockhouse or Knoxville.

The Public Buildings not annexed to the Fortresses within
this Territory have in Consequence of your Order bearing date
the 10th of December been demanded and refused, those at the
Villa Gayoso excepted which were previously abandoned upon
the Principle of being an encumbrance to the Military as 1 had
the honour of informing you upon the 13th Ult requesting at
the same time an order from Government for their Disposition.
To obtain the Buildings at Natchez which were necessary as
offices for Colo. Steele and myself and for other Public Purposes,
as formerly Stated, I merely enclosed the Extract in Point Be-
lieving from the footing upon which General Wilkinson had
put their detention and the desire he had professed to accomo-
date the Civil Authority (and which I have also before stated
to you in his own words) would have been enough But I re-
ceived for answer that the Buildings at Natchez were necessary
for the accommodation of the Commanding Officer, and to save
Expense to the Public — The General hoped the Occasion might
not long Continue, and then he would with much pleasure order
the same to be delivered up — the Demand therefor however
being very urgent and Conceiving myself specially ordered to
take possession of them I again transmitted the Extract from
your Letter relative thereto formally and in the same manner
demanded them, But observing that I should not believe any
Coercive measure proper, for me on the Occasion, and that I
rested the Issue upon the then application, fondly hoping his

142 MISSISSIPPI TERRITORIAL ARCHIVES.

Compliance and that he would believe me Actuated by a sense
of Duty and Public Service — that I had every disposition to
Accommodate the Military to the Utmost of my Powers, and in
Case he should refuse my repeated requests that I would take
great care to prevent the same from going abroad lest by its
being Construed into an Opposition of Civil Authority it might
produce very pernicious Consequences in this distant part of
the Union. The General thereupon transmitted me an Extract
from Letter of the Secretary at War (without date) and as fol-
lows, Viz —

"To revert back to a Point I had omitted, the Public Buildings delivered
"up by the Spanish to our Military I have to observe that it will be very
"proper, should Governour Sargent find Occasion for the use of any of them
"for the purposes of his Government, as for a Court house Public Office &c,
"to accommodate him with such as are most suitable, provided the doing
"so will not deprive the Troops of Necessary Accommodation, or the Public
"property of Secure Deposit."

And Concludes it is not in his Power at this time to accommo-
date me, without a Breach of his orders.

So rests this matter at present for I have advertized him
that I believe myself to have discharged the whole of my duty
save the reporting the result to the Secretary of State — My
Letters to the General upon this Occasion will appear in the
order of date by Colonel Steeles Communications, but as those
will be Necessarily delayed I have believed it essential to notice
you of my Proceedings in this way, and at the same time it
perhaps may not be amiss to advertize you that I have borne
Strong Testimony to General Wilkinson against the form and
much of the matter of a Convention between him and Governor
Gayoso published in the enclosed Louisiane Monitieur. —

The only Authority Emanating from me to such Convention
was an assurance to the General of issuing a Proclamation to
Prohibit the Admission of Foreigners without passports Condi-
tioned that Governor Gayoso should take measures to prevent
desertion which was then it seems so very alarming as to men-

GOVERNOR WINTHROP SARGENT. 143

ace the Total Annihilation of the Army and to Authorize which
the Judges had given me assurances of full Concurrence.

Governor Gayoso who furnished me with the Convention has
in return receive my Proclamation without more observation
than that the same was Predicated upon Law, For General Wil-
kison who has declared unto me a disapprobation of the style of
the Convention and that no measures under his Authority shall
be taken to Contravene the Laws of his Country was apprehen-
sive that in any discussion of the Subject the Governor might
be released from obligations only Advantageous to the United
States — Perhaps in true republican Spirit and Caution to pre-
vent all military Encroachments I ought to have come forward
with a Public declaration against the Convention, but if I am
guilty of evil by the Omission it is that good may Come of it —
And in all my Letters to the General upon this Occasion which
will appear upon the Journal you will find I trust that I have
been enough Zealous and Wary.

Since my last Sir three Choctaw Indians in and near Natchez
have been almost murdered in a Drunken affray, but were taken
into my own house and with Extraordinary care and attention
have been cured and Sent home Contented — During their Con-
finement we were menaced from their kindred with the "Lex
talionis" to prevent such mischief in future we have prohibited
by Law their receiving intoxicating Liquors, but by Permission
of the Superintendent.

I am informed that General Wilkinson is Commanded to the
Seat of Government — All my observations therefore relative
to Military interference in the Indian Department and the dis-
agreeable effects to be apprehended in a Co operation with the
regular Troops and Militia will now more strongly apply and
demand Explanation and Order — To be Convinced of this it is
only Necessary to be informed of the immediately succeeding
Officers — I believe I have omitted to inform you Sir that it has
been the Generals Practice to receive from Indian Chiefs of
the Choctaw Nation heretofore attached to Spain their Certifi-

144 MISSISSIPPI TERRITORIAL ARCHIVES.

cates of Commissions replacing them with his own, — This I
have always Conceived a kind of Usurpation of the Superintend-
ents Duties — Such Certificates however under National Order
with Device as might be directed would be gratifying to the
Indians and have a good effect — The Spaniards had a very hand-
some Copper- plate Engraving for such purposes highly Orna-
mental with Trophies of War &c &c — But I would take leave
humbly to recommend as the most striking figures (for such
matters are fully understood by red people) these implements
of Husbandry which we now humanely and with best Policy are
Introducing amongst them, and which from the Example of the
Creeks, they will I flatter myself 'eer long be induced to seek
with avidity.

The County Courts were to have been called into being upon
the first Monday of May, but the Detention of the Public Build-
ings and some other Causes, will delay a Little their Sessions. —
County Seals not yet received, but the Law of the United Stated
Under President Washingtons Administration have come to
hand.

In a former Letter Sir you Obligingly assured me that One
of the several Gazettes published in Philadelphia, should be
transmitted to me from your office Such would not only be
gratifying but highly useful — We seldom receive them within
the Territory their private Conveyance can not be depended
on — General Wilkinson who alone has them regularly from
the War Office is too remote to indulge me with their perusal —
Any Dispatches for me by being sent to the War Office might
Come on to Pittsburgh and thence receive facility in their Con-
veyance to Cincinnati and so on to this Territory
I have the honour to be
Sir

With highest respect

your most obedient servant

(Signed) Winthrop Sargent

The Honourable Secretary of State -

GOVERNOR WINTHROP SARGENT. 145

By the Governor of the Mississippi Territory

A Proclamation

To all persons who shall see these presents

Be it know that for good and sufficient reasons I have thought
fit to ordain, that the first terms for the Sessions of the
[L. S.] Courts of General Quarter Sessions of the Peace, Com-
mon Pleas, and Probate, in the Counties of Adams and
Pickering which were heretofore Ordered for the ensuing month
of May be postponed to June next following, And that they be
then held at the places and upon the same relative days in the
said month of June, and in the Order as was prescribed by my
Proclamation bearing date April the second of the Present
Year — And ever afterwards as has been therein directed.

Given under my hand and the Public Seal at the Grove near
Natchez, Territory aforesaid this twentyseventh day of April
Anno Domini 1799 — And of the Independence of the United
States of America the Twentythird.

(Signed) Winthrop Sargent
By His Excellencys Command
John Steele Secretary

Appointments.

His Excellency the Governor was pleased to appoint Roger
Dixon, Richard Harrison, William Thomas, Samuel Gibson,
George Wilson Humphreys, and Tobias Brashear Esquires,
"Justices of the Common Pleas" in the County of Pickering to
whom he Granted a Commission in the General Words of the
Commission Granted to Daniel Clark and others, "Justices of
the Common Pleas for the County of Adams" and dated the sixth
of May 1799. — His Excellency was also pleased to appoint, Roger
Dixon, Richard Harrison, William Thomas, Samuel Gibson,
George Wilson Humphreys and Tobias Brashear Esquires, "Jus-

146 MISSISSIPPI TERRITORIAL ARCHIVES.

tices of the Peace in the County of Pickering" to whom he
Granted a Commission in the General Words Mutates Matandes
of the Commission Granted to Daniel Clark esquire and others
"Justices of the Peace for the County of Adams " and dated the
sixth of May 1799. — He was also pleased to appoint Mordecai
Throckmorton, and John Smith Esquires Justices of the Peace
for the County of Pickering, to each of whom he Granted a
Commission in the general words, Mutates Mutandus of the
Commission Granted by him to Philander Smith Esquire and
Others, "Justices of the peace for the County of Adams," and
dated the sixth of May 1799. — He was also pleased to appoint
Mordecai Throckmorton, and John Smith Esquires Justices of
the Peace for the County of Pickering, to each of whom he
Granted a Commission in the general words, Mutates Mutandus
of the Commission Granted by him to Philander Smith Esquire
and Others, "Justices of the peace for the County of Adams," and
dated the sixth of May 1799. — He was also pleased to appoint
Thomas Green Esquire Treasurer, William Ferguson Esquire
Sheriff, Henry Green Esquire Coroner, John Gerault Esquire
Judge of Probate, Prothonotary to the Court of Common Pleas,
Clerk to the Court of General Quarter Sessions, and Register in
the County of Pickering, to each of whom he Granted a Com-
mission (According to their several appointments) in the Gen-
eral words (Mutates Mutandus) of the Commission Granted by
him to "Bernard Lintot Esquire Treasurer for the County of
Adams," and dated sixth of May 1799 —

To William Ferguson, Sheriff of Pickering County.
The Grove near Natchez. May 20th 1799
The Sheriff of Pickering County is requested to deliver over
to the care of John Gerault Esquire all those Public Buildings
at the Villa Gayoso, which were placed in his Charge by the
Military at the time of withdrawing the Guards.

Signed Winthrop Sargent

GOVERNOR WINTHROP SARGENT. 147

To Daniel Tilton.

The Grove Evening of the 23d of May 1799
Mississippi Territory-
Sir

It has afforded me singular satisfaction that in our Legis-
lative Functions during so long a session there has been such
general Coincidence of sentiment — But I have very much to
regret, that your opposition to the Proposed Law for regulating
the Admission of Attornies in the propriety of which Judge
Bruin Unites with myself, must deprive us of due provision and
leave the matter so loose as may produce much evil in the Prac-
tice of the inferior Courts.

The Ordinance for the Government of this Territory, to my
mind, by strong implication at least, Vests the Power of Au-
thorizing Attornies with the Governour — though they shall not
be entended of Commission — To the Judges I am perfectly will-
ing, as my draught of the Bill shews to give the test of Necessary
Legal Abilities, but of their Sufficient reputation to be admitted
to the Courts, I believe myself equally well qualified with your
honour to determine — and the safety of this Country being
specially under my Charge, I employ more than common means
of other Territorial Officers to make myself acquainted with
the disposition of all men within this Government which (Ca-
pacity for Judging being admitted equal) must give me an ad-
vantage in this point over your honour, but granting however
I may be wrong, as I can not sacrifice the opinion of Judge
Bruin, and myself upon this Occasion, — As the evils resulting
from the neglect to regulate the Admission of Attornies may be
many and great — and upon your Principles without any im-
mideate remedy when you shall have made your departure —
And as the Bill, if passed into a Law must be laid before the
General Government — to receive their disapprobation, if incom-
patible with the intention of the Ordinance, no great inconven-
ience can attend the adopting it I have therefore to request your
most serious reconsideration of the Subject, and if in the result

148 MISSISSIPPI TERRITORIAL ARCHIVES.

you shall still persist in your determination to leave the Terri-
tory without such Provision in the Premises as we Unanimously
believe to be essential — Unless Judge Bruin and myself may
sacrifice our Judgment to your Opinion, I can only deprecate
the evil Consequences which shall ensue — Conscious of having
performed the whole of my duty by my former Observations,
and this special application to your honour.

With very respectful Consideration,
I have the honour to be,
Sir,
your very humble servant,

(Signed) Winthrop Sargent.
The Honourable Judge Tilton.

To Timothy Pickering.

Mississippi Territory
Evening of the 26th of May 1799
This sir will be handed you by General Wilkinson who will
leave the Country on the morrow and who assures me he will
press upon Government the seeming importance of immediate
attention to our Indian affairs — I had determined not again so
immediately to importune you upon this subject but from his
information of the Choctaws it is become my indispensable
duty — they are it appears soured in the extreme at the inat-
tention of the United States, and their Poverty in Arms and
Ammunition the most restraining motives from aggressions upon
the White people — In a Case of some horses demanded from
them (not by me) they have declared their determination sooner
to shoot and take them for food than make the surrender, Ob-
serving that their Country once affording abundance had be-
come desolate by the hands of a People who knew them not but
to increas their Wretchedness, and that they were determined
in future to Consider our Domestic Animals as fit objects for the
Chase.

GOVERNOR WINTHROP SARGENT. 149

This indeed partially they have already done and it will not
much longer be suffered by the Planters, who have been loud
and Constant in their Complaints to me since my first arrival in
the Country — But without much effect, for knowing that very
liberal assurances had been made unto the Indians, by Mr. Elli-
cott and Others and nothing performed together with the nat-
ural inference and fondly Continuing my hope from time to time
that by extending the Bounty of the United States a favourable
opportunity would be presented for the due impression and stip-
ulations I have delayed representation and demand believing that
the same would have made bad worse. —

Having transmitted so many former Communications in
Point this small addition I have no doubt will be Considered
enough, and produce the Effects intended — if it shall be deemed
expedient by Government to take up the matter at present

In case a Treaty be ordered and the direction thereof with

the Governor, I shall have to request very explicit instruction

and I take leave with all deference to suggest the Advantage of

Annual Donations, over even very Considerable Aggregate Sums.

I have the honour to be,

Sir,

With very respectful Consideration,

(Signed) Winthrop Sargent

The Honourable Secretary of State —

Appointments.

His Excellency the Governor was pleased to appoint Officers
of the Militia in the County of Adams as follows to wit —

Daniel Clark Esquire Lieutenant Colonel Commandant. —
Benajah Osmun Esquire Major of Cavalry —
Benjamin Farrer, Daniel Ferguson and George Cochran Es-
quires, Captains of Cavalry —

150 MISSISSIPPI TERRITORIAL ARCHIVES.

William Mcintosh, John Minor, and Hampton White Gentle-
men Lieutenants of Cavalry — and
John Lintot, John Binghaman and William Scott Gentlemen

Cornets.
John Ellis Esquire Major of Infantry —
Abram Ellis Philander Smith and John Collins Esquires,

Captains —
Simpson Holmes William Dunbar and Thomas Lovelace Gen-
tlemen Lieutenants.
Nathaniel Hoggett William Lewis and John Pannil Gentle-
men Ensigns.
James Elliot Gentleman Adjutant, and
Jesse Greenfield Quarter Master —

To each of whom According to their several grades he Grant-
ed a Commission in the words following — Mutates Mutandus
and dated the twentyfifth of October 1798 — except George
Cockrans, which was dated the 5th of May 1799
United States
Mississippi Territory By His Excellency.

Winthrop Sargent Esquire
Governour and Commander in Chief of the Militia of the Mis-
sissippi Territory within the United States of America.

Appointment.

To Daniel Clark1 Esquire GREETING

YOU being appointed Lieutenant Colonel Command-
L.S. ant of the Militia of the County of Adams.

By Virtue of the Powers vested in me I do by these
presents (reposing Special trust and Confidence, in your Loy-
alty, Courage, and good Conduct,) Commission you Accord-
ingly— you are therefore Carefully and diligently to discharge

1 An Irish gentleman and pioneer of West Florida — a firm supporter of
the Sargent administration.

GOVERNOR WINTHROP SARGENT. 151

the duty of Lieutenant Colonel Commandant, in leading ordering,
and Exercising said Militia in arms, both inferior Officers and
Soldiers; and to keep them in good order and Discipline — And
they are hereby Commanded to Obey you as their Lieutant Colo-
nel Commandant and you are yourself to Observe and follow such
Orders and Instructions, as you shall from time to time receive
from ME or your Superior Officers

Given under my hand and the seal of the said Territory the
twenty-fifth day of October in the Year of our Lord One Thou-
sand Seven Hundred and ninetyeight, and of the Independence
of the United States of America the twenty-third

(Signed) Winthrop Sargent

By His Excellencys Command
John Steele Secretary

Militia Orders June the ist 1799 —
By the Commander in Chief and for the County of Adams.

With Lieutenant Colonel Commandant Clark, are deposited
the Military Commissions for the County and agreeably to the
enclosed List which the Officers will be pleased to receive from
him so soon as it may suit their Convenience — The Command-
ant to Administer the Oath of Allegiance, and enter a Certificate
thereof upon the Back of the Commissions

(Signed) Winthrop Sargent

To the Justices of the Courts of General Quarter Sessions.

Natchez June 3d 1799
Gentlemen

No person being as yet in Commission to Prosecute the Pleas
of the United States and Territory, within this Government I
have to request you would ask of some of the Gentlemen who

152 MISSISSIPPI TERRITORIAL ARCHIVES.

shall be admitted as attornies to attend to this Business in the
Present term of the Court of General Quarter Sessions of the
Peace — should Occasion require it —

I am &c

(Signed) Winthrop Sargent
Honourable Justices of the Courts of General Quarter Sessions
of the Peace.

Counties of Adams & Pickering —

WINTHROP SARGENT Governour of the Mis-
sissippi Territory has thought proper to Authorize and Empower
Roger Dixon Esquire to tender and Administer unto all and
every of the Officers Civil and Military now or hereafter to be
appointed in the County of Pickering the several Oaths which
are or may be required from them respectively and to receive
from them subscriptions thereto whenever the Laws of this Ter-
ritory shall render the same Necessary. —

In Testimony whereof he has Caused the Public Seal to be
hereunto affixed this fourth day of June Anno Domini 1799 and
undersigned his name

(Signed) Winthrop Sargent

To Gov. Manuel Gayoso. De Lemos.

June 13th 1799 Natchez
Sir

I have this moment been honoured with your favour of the
sixth instant, and have afforded to Mr. Marionett upon your
Excellency's recommendation the fullest gratification I could and
which I trust may answer his Wishes and Expectations.

Mr Vidal may Calculate upon the Continuance of my best
Offices for the Welfare of Individuals of your Nation — In ren-
dering services to the subjects of his Catholic Majesty I per-

GOVERNOR WI'NTHROP SARGENT. 153

suade myself I promote the intentions of my Government and
I am sure I need not assure you that at the same time I very
much gratify my own Inclinations.

News I have none and knowing your Excellency's important
avocations always but more especially just now I forbear to add
more but the very best wishes of,
Sir

your very humble Servant,

Signed Winthrop Sargent
His Excellency

Governor Gayoso

To Colo. Daniel Clark.

June 23d 1799 Bellemont
Dear Sir

I have been honoured with your favour of the 18th instant
this morning and to which I can but repeat my assurance of all
Possible exertions to promote your speedy attainment of the most
ample amends for the Indecency offered to your Character —
You Certainly Sir do not doubt my Disposition therefor. — I
feel it due to your rank and at the same time possess all the
Excitement of personal regard and Esteem.

I am not very well at present — either on the morrow or next
day I hope to be in Town and to have the pleasure of seeing
you — In the meanwhile I assure you that upon a full Consid-
eration of Craigs Conduct I verily believe that a Virtuous Grand
Jury would most Certainly find a Bill against him. I enclose
you some very Valuable Pamphlets wishing you to make them
as Public as possible.

With respectful Consideration I am Sir

your Obedient humble servant

(Signed) Winthrop Sargent
Colo. Daniel Clark.

154 MISSISSIPPI TERRITORIAL ARCHIVES.

A transcript was made for transmission to the Secretary of
State and authenticated in the words following Viz.

I do Certify that the foregoing Pages from No. One to
eightyfive is a transcript taken from the Journal of "the Pro-
ceedings of the Governor in his Executive Department" from
the first of January until the thirtieth of June 1799 inclusive.

In Testimony whereof I have hereunto set my hand and seal
as "Secretary in and for the Mississippi Territory" near Natchez
in the County of Adams this sixth day of September in the Year
One thousand Seven Hundred and Ninetynine

John Steele L. S.

This transcript was sent on by Judge McGuire, who set out
the 13th of October- 1799 for Virginia

To Daniel Clark.

Bellemont Plantation

July 18th 1799—
Sir

I had the honour to receive your favour of the 16th instant,
covering the Copy of a Letter to Captain Collins, and the pro-
posed General Militia order for your Command, which perfectly
accord with my Military Ideas of propriety and probably might
be acceptable to most of the Gentlemen in Commission; But as
our experience teaches us this Country is not wholly without
insidious and wicked Cavillers — Men striving by all their little
means to thwart and embarrass the most useful arrangements
of Government. Perhaps in our orders it will be best, to con-
fine ourselves within the Letter of the Law, and to endeavor
to effect such regulations as may not therein be provided for by
Recommendation and Example. — No military man can be unin-
formed of the importance of Dress for a soldier, and the Uni-
form will I flatter myself be very soon generally Worn by the
Officers, I will myself Consider it as highest dress. That Gen-
tlemen in Commission not sufficiently understanding their duty,

GOVERNOR WINTHROP SARGENT. 155

will set about perfecting themselves I can have no doubt — Your
proposal frequently to assembly them together for this purpose
must meet with general approbation, and I have very strong
reasons for recommending the Measure. — The Public Exigen-
cies may soon Demand our Military Services, and the interests
of our Country and reputation therefore require we should be
fully Competent without delay — In the Provision to enable the
President of the United States to repel Invasions, large Calcu-
lation is made upon the Effective force of the Mississippi Ter-
ritory, but without the due information of Officers, and atten-
ion to train the Men, Disappointment and the most fatal Conse-
quences may ensue — No exertions upon my part however Sir,
shall be wanting to a state of Complete preparation for all Events
and I rest fully assured of your aid ; for your Zeal, ability and
disposition to service as a Military and Civil Officer within the
Territory upon all Occasions which have as yet offered, there is
the strongest Testimony.

Major John Ellis Sir, being in the Commission of the Peace
may very properly administer the Oath to the Military Officers
of his Quarter, which if you have not transmitted your Orders
to him, I wish you would be so Obliging as to signify to him is
my desire.

With all due respect, I am,
Sir,

your very humble Servant,

(Signed) Winthrop Sargent

Lieutenant Colo- Daniel Clark.

To Timothy Pickering.

Mississippi Territory
gir July 17th— 1799

Upon the last Evening Colo- McKee1 made me acquainted
with his appointment as an agent to the Choctaw Nation — that
previous to his departure from Philadelphia, the Secretary at

^ol. John McKee.

156 MISSISSIPPI TERRITORIAL ARCHIVES.

War had informed him no provision had been made for Presents
to those Indians, and that our Particular Friends amongst them
had become alarmed, and extremely uneasy thereupon. For re-
lying upon Mr- Ellicotts promises, they had given the most pos-
sitive assurances of the intended Bounty of the United States;
This Mr- McKee has learned in a Visit to the Nation previous
to my seeing him.

I have Sir already Written you very much on those subjects,
so very interesting to the Territory, and important to the United
States: To the Indians our word seems most unequivocally
Pledged ; I take leave to quote from Mr- Ellicotts writing

From Natchez June 5th 1797 he writes to Turner Brashears.

"The United States will annually distribute Goods amongst them as
the Price of their Friendship."

"I am charged with a Special Commission to the Nation, that I believe
will be satisfactory to them, but Circumstances at present forbid me to act."

Again 24th of August in a formal Speech to the red squirrel,
red Brother, and the other Chiefs and Warriors of the Choctaw
Nation

"Your Brothers of the United States have not forgotten you — as soon
as the line is marked, all our Choctaw Brothers who fall on the North side
of it will be remembered with our Chickasaw Brothers, and receive good
presents."

"Your Brothers of the United States will give you good Goods — they
never give their red Brothers any thing that is bad."

"The Spaniards are soon to leave the Walnut Hills and Natchez, and
when they go away, your Brothers from the United States will send Traders
with Goods to those places, where you may be supplied at a reasonable rate
with everything you want, without being overcharged or imposed upon"

All this Sir, and my former many observations upon Indian
Affairs in this Country, I request again to bring to your View,
and serious Consideration. — soliciting the same may be laid
before the Secretary of War, if with you they are not properly
jn order; not having been instructed to embrace that Channel

GOVERNOR WINTHROP SARGENT. 157

for any of my Communications I have believed in you Sir, as
the only proper Organ upon all Occasions.
I have the honour to be, Sir,

With every sentiment of respectful Consideration,
your very humble servant,

(signed) Winthrop Sargent
The Honourable secretary of State.

To Thomas Green.

Mississippi Territory
July 20th 1799
Sir.

You having been appointed Treasurer of Pickering County
and the Duties thereof in the present moment becoming Neces-
sary, I have to request that you would transmit unto me the
Bonds required by Law, in order to Capacitate you to act in
the said Office.

I have the honour to be — Sir

your most obedient humble servant

(signed) Winthrop Sargent
Thomas Green Esquire

Port of Entry.

Mississippi Territory
(Circular) July 20th 1799

Sir

The honourable Congress having been pleased to direct that
there shall be a District on the River Mississippi south of the
State of Tennessee which shall include all the Waters Shores
and inlets of the River Mississippi and other Navigable Rivers
and Waters Connected therewith, lying within the Jurisdiction
of the United States, and South of the said State, and that it
shall be Lawful for the President of the United States to desig-

158 MISSISSIPPI TERRITORIAL ARCHIVES.

nate a proper place to be the Port of Entry and delivery within
the same, and to appoint a Collector to reside thereat.

And having been requested to transmit for the information
of the President, an Opinion as to the proper place for Estab-
lishing a Custom-house with the name of some person worthy
to be entrusted with the office of Collector; I have taken leave
Sir, to address you, with other intelligent Gentlemen of the Ter-
ritory upon those Subjects, requesting you would be so obliging
as to assist me to make the Necessary Communications as early
as possible.

I have the honour to be,
Sir,
your most obedient humble servant

(Signed) Winthrop Sargent

To the Honourable — Judge McGuire, the Honble — Judge
Bruin. Colo- John Steele, Colo. John Gerault Thomas Green
Thomas Wilkins, George Fitzgerald, Daniel Clark, William Dun-
bar, Thomas Burling John Ellis, Bernard Lintot, James Mcintosh
and Peter Walker Esquires. Colo- Anthony Hutchins, Colo-
Joseph Pannil, Major Benajah Osmun, William Vousdan Esquire,
Isaac Guillard Esquire, and Mr- Ebenezar Rees.

To Thomas H. Cushing.1

Bellemont July 21st 1799
Sir

Mr- Marschalk2 having this Evening announced to me your
Order for his immediately repairing to the Walnut Hills, I owe
it to Public Service to inform you, I had the most possitive as-
surance from General Wilkinson he should Continue at Natchez
to Print the Laws of the Territory — that he has not Completed
that Business — That it cannot be done at the place of his desti-

1 Officer in command during absence of Gen. Wilkinson.

2 First publisher and editor of Mississippi Territory. Founder of Natchez
Gazette.

GOVERNOR WINTHROP SARGENT. 159

nation — and furthermore, that this removal will put it out of
my Power to avail myself of the much needed facility in dis-
seminating information to the Public, in my opinion at present
of very great importance, not only to the Weal of this Territory,
but of the United States, and which the General assured me I
should Command — I forbear to say more, flattering myself this
may be sufficient to induce you to Continue Mr- Marschalk's serv-
ices to the Public, which he can only have it in his power to
render, by being suffered to remain in his present Command,
and which for the reasons before detailed I presume to solicit.

With much Esteem Sir,

I have the honour to be

(Signed) your most Obedit- humble servant

Major Cushing Winthrop Sargent

Commanding in the Mississippi

To Justices of Adams & Pickering Counties.

Mississippi Territory
July 23d- 1799—
The Governor has not yet appointed an Attorney to Pros-
ecute the Pleas of the United States, or Territory in either of
the Counties, — and requests of the Justices of the peace, to
ask such attention from of the Gentlemen of the Bar, as shall
be found Necessary.

(Signed) Winthrop Sargent.

To the Justices of Adams & Pickering Counties.

His Excellency the Governor was pleased to appoint Officers
of the Militia of the County of Pickering as follows to wit.
John Girault Esquire, Lieut. Colo. Comm-dant
Roger Dixon Esquire Major,
Richard Harrison Esquire Major,

160 MISSISSIPPI TERRITORIAL ARCHIVES.

Thomas Calvit Esquire

William Thomas Esquire &

Arthur Carney Esquire Captains of Cavalry.

James Truly

Augustus Campbell &

Gibson Clark Gentlemen Lieutenants of Cavalry

James Spain

Robert Miller &

James Davenport, Gentlemen, Cornets.

Tobias Brashear

John Brooks and

George Selser Esquires Captains of Infantry

George Wilson Humphreys

William Smith

Lewis Reed Throckmorton &

Anthony Glass Gentlemen Lieutenants.

Eden Brashear

William Collins, and

John Arden Gentlemen, Ensigns

Augustus Campbell Gentleman Adjutant

To each of whom according to their several Grades he Grant-
ed a Commission in the general words (Mutates Mutandis) of
the Commission granted by him to Lieutenant Colo. Clark of the
County of Adams, and dated the twenty-fifth day of October
1798

Militia Orders for Pickering County

August 1st 1799
The Commander in Chief takes the earliest opportunity to
transmit unto Lieutenant Colo. Commandant Girault Commis-
sions for the Officers of the Legion under his Command— He
will be pleased to administer unto them the Oath required of
all Officers by the "Act of the United States" and make a Cer-

GOVERNOR WINTHROP SARGENT. 161

tificate that they have taken the same upon the back of their
Commissions.

(Signed) Winthrop Sargent

To Evan Jones.1

Mississippi Territory

August 1st 1799
sir, fe

When I had the pleasure of seeing you at Natchez, I men-
tioned unto you the name of John D. Burke who has in effect
been banished the United States, for Publishing some Villainous
libels against the President — He was presented therefor, and
a Noli Prosequi Ordered to be entered (he being an alien) upon
Condition of his leaving the Country. — He has been a danger-
ous Turbulent and very Mischievous Man in the only Govern-
ment where I have known him, and from the University of
Dublin was expelled for infamous Political Principles and Con-
duct— In this view and ruled by our national good Will to the
Spanish Government, I had intended to have presented him to
the Governor of Louisiana — informed that he was to Embark
from Charleston South Carolina for New Orleans where not-
withstanding the best possible Police he might operate material
111 — e're he was enough known — The death of Governor Gayoso,
and his immediate successor (as is here reported) leaves me
at a loss for more direct Communication than through you sir,
which I take leave to request therefore you would be good
enough to make in my name to the proper Characters, with
fullest assurances of my best Wishes private and Official.

I enclose unto you such of the Laws of this Territory as have
been Printed, and will make them Complete as they come from
the Press, — believing they may be useful and interesting.
With respectful Esteem, I have the
honour to be, Sir,

your obedient humble servant

Evan Jones Esquire (signed) Winthr°P Sargent

New Orleans

1 American Consul at New Orleans.

162 MISSISSIPPI TERRITORIAL ARCHIVES.

To Timothy Pickering.

Mississippi Territory
(Private) Natchez Augt- 3d- 1799

Dear Sir,

I received your interesting Private Letter of the 20th of
May upon the 31st Ult. and will use the Cipher when Neces-
sary— Enclosed you have the number of my Letters, public and
Private, Commencing with my apopintment to this Government,
Colo- Steele's ill. State of health and the want of safe Convey-
ance, has I believe necessarily delayed the Duplicates which it
is his Province to have transmitted.

I also received at the same time, your introductory Letter
of Mr- Jones of the 18th of May, and that of the 22nd respect-
ing J. D. Burke, both of which shall receive the due attention. —
Governor Gayoso dying Just as Mr- Jones passed this, and as
yet having no knowledge of his successor, — I requested him
to take a favourable opportunity to make the Communications.

I will write Colo- Hodgdon by this opportunity to request he
would refund the 600 Dollars in season — the residue 400 of the
1000 I have before formally advertised you sir was expended in
the Tour to the Western Counties in the Northwestern Terri-
tory.

To your Queries relative to Mr- Ellicott &c I have to reply,
that I have never heard of ought exceptionable in his Public
Conduct as a Commissioner in this Country. — His Private Char-
acter has been marked perhaps by some Traits disreputable, —
but I have have myself been induced to believe they are derived
from a Weak fondness to his son — Indulging him in a Mistress,
and even taking her to his own Table — thereby Countenancing
the Faith that she was his own.

Mr- Dunbar x I believe relinquished the Commission, from
Necessary attentions to a Young Family and ill health ; — having
afforded all the astronomical aid absolutely necessary in the
View of the Spaniards, they were perhaps very willing to part

1 William Dunbar, representing Spain on Boundary Commission.

GOVERNOR WINTHROP SARGENT. 163

with him to increase their own Emolument. — From various
Conversations with Mr- Dunbar, Major Minor and Mr- Ellicotte
sir, I am inclined to believe, that Mr- Freeman was intemperate,
imprudent, and very inattentive to Duty; But Facts whatever
they were, may readily enough be Established if required — sun-
dry applications have been made to me heretofore upon this
subject which you will be made acquainted with by reference
to the secretary's Communications: if I have not been enough
explicit sir, you know you may Command me.

With high esteem and equal respect I am,
Dear Sir,

your very humble servant
signed Winthrop Sargent
The Honourable Secretary of State

To James McHenry.

Natchez Aug. the 3d- 1799
Sir.

Upon the 31st I was honoured by your first favour bearing
date May the 20th 1799

At my appointment to the Government of this Territory,
and before I had quitted the North Western Territory, I took
leave to address to you a Letter upon Indian Affairs, and re-
questing to be informed if any, and what Communications should
be made to your Office — Adding some matters of private Mo-
ment, but interesting only to myself. — It is possible this Letter
may have miscarried, or that your multiplied engagements pre-
vented its Notice.

In a Letter bearing date the 17th Ultimo, and to the Secre-
tary of State, I took leave Sir to request a reperusal of all my
Communications, relative to the Indians, and that the same
should be submitted to you, if not perfectly in order in his De-
partment— and this sir, upon strong Presumption that with very

164 MISSISSIPPI TERRITORIAL ARCHIVES.

sufficient reason, they are extremely dissatisfied — there are
grounds to suppose French Emissaries are amongst them, and
unless we seize the present Moment — unless we perform some
of our Charitable promises they will Unite with our Foes in the
very first opportunity.

I endeavour to Conciliate them by Language but have never
made them promises farther than that I would state their pov-
erty to Government, and solicit for them : My Economy has been
rigid; I have had many Visitors Chiefs sent in by Mitchell the
Agent, with Considerable expectations, but the whole amount
of Indian Goods distributed, with a few Blankets now on hand
does not exceed four hundred Dollars, supplied by a Mr- Hunt,
and for which I drew a Bill upon the Department of State, en-
closing the receipt therefor as a Voucher, a Duplicate of which
shall be transmitted unto the Accountant agreeably to your
order.

Provisions have been issued very sparingly — Bread and Beef
alone, and this always obtained by request from the Militery
Commandants instead of Order, — Liquor never has been fur-
nished save by the Glass, and in my own house as refreshment. —
The Planters bear the Burden of feeding the Indians, and at
times it is almost intolerable, as my own Experience informs
me: — 'tis no uncommon thing for us to be Visited by two or
three hundred Indians at a time, who leave us only at the ap-
proach of the sickly season — they will be fed, and often eat
up a poor farmer in a few meals. — Denial would be Vain, but
I tremble for the Consequences which may await the making
thereof. — I recommend patience, and Venture assurances that
due provision will be made by our Government — That we shall
effect some Stipulations with those People, and be enabled to
reap our Fields as well as sow them.

They (The) Country being never wholly without Indians, and
almost daily Complaints of aggression from them being made
to me, an Interpreter has seemed always essential — But two
persons speaking the Choctaw Language were within my knowl-

GOVERNOR WINTHROP SARGENT. 165

edge, one of which a White man might possibly have been pro-
cured for forty Dollars per month, — The other is a Slave of
Major Minors whom he was about taking to the line, but whom
I have detained, intending to allow him fifteen Dollars per
month and two Rations. — If the Measure meets not your Ap-
probation sir, I must discharge him. Colo- McKee informs me
of the Necessity of an additional Interpreter in the Choctaw Na-
tion with your observation that the appointment was with me. —
Upon this also sir I request your Instruction — and Generally
Sir I shall I persuade myself, be very much benefitted by your
Special Direction in Indian Affairs, and always as in Duty bound
most implicitly Governed.

The Buildings to which you allude sir, have been given up
to my Care by General Wilkinson — some because it was incon-
venient for the Military longer to keep them, and others upon
my request, made however upon assurance that they never had
been Considered as "Annexed to Military Posts" Under the Ad-
ministration of the Spanish Government.

The Letter which you Commanded me to transmit to Colo-
McKee was not "enclosed" as you probably intended
With very respectful Consideration
I have the honour to be sir,

your most obedient humble servant,

(signed) Winthrop Sargent

The Honourable Secretary of War.

To Timtohy Pickering.

No. 23.— Natchez August the 17th 1799

Sir,

I was honoured with your Public Letter of the 20th of May
upon the 31st Ult.

The Petitions alluded to therein I pray may be brought for-
ward in the next session of Congress. — For this people with

166 MISSISSIPPI TERRITORIAL ARCHIVES.

as little Candour as Consideration, have published suspicions of
inattention thereto, either from the General Government, or
their immediate Governor, the latter probably was meant, and
I should be extreme sorry, that to their very long list of imag-
inary Grievances, there should be added one real Cause of Com-
plaint.

The Business of the Post Office shall receive all the aid which
I can give it. — I do not write you Particularly thereupon by this
Conveyance for the want of a former Letter upon the subject,
wherein I had made you some information, and which is with
Colo- Steele, who resides some distance from me at my present
writing. — if upon a review of the same I shall believe it essen-
tial to take additional measures to obtain a knowledge of the
Proper Route for the Mail &c which may incur expense I shall
use your Permission to draw for the amount thereof.

Upon Indian Business the Secretary of War has wrote me —
but by no means satisfactorily — I hope however he may respond
speedily to my Letter of reply, and I trust I shall be better en-
dowed for the absolute Exigencies of this Country. He directs
me to hire an Interpreter, during actual Visits of Indians only, —
a matter altogether impracticable, but if otherwise, would Cer-
tainly be attended with a much greater expense, than the keeping
one Constantly in Pay. — In very urgent Occasions trifling
presents he observes may be made, but furnishes me not with
the Means, nor do I well understand the limitation. — but I flatter
myself the representation of General Wilkinson and my Stren-
uous Endeavours may prevail, and procure an annual Stipend
for the Choctaws, for our well being here seems to me (for very
many reasons heretofore detailed) to depend on such Meas-
ures.— Be this however as it may, with the greatest Latitude
that may be given me, I shall certainly observe very rigid Econ-
omy.— Such always has been my rule of Government, and I
have to refer only to Investigation and Comparison for Demon-
stration.

The Public Building at Natchez was put into my Possession
upon the first of July, by an order of General Wilkinson pre-

GOVERNOR WINTHROP SARGENT. 167

vious to his departure. — Some few necessary repairs to prevent
its tumbling down, I shall believe it Economy to direct.

By Colo. Steele's Communications you will observe Sir, that
I took the necessary legal steps to bring Coxe to trial within this
Territory but without effect, and I have received no reply from
the Executive of Tennessee to my demand, though made in due
form.

I have received from the Secretary of the Treasury, a re-
quest for information of a proper place, for the Port of Entry
and Delivery within this District and a suitable person as a Col-
lector, to which I delay responding for a short time only, in
order to be myself better informed, and of which I request you
Sir to be so obliging as to advertize him. — It would have been
well that I had been noticed of the Emoluments of the office.

The Militia of this Country are indeed badly armed, but I am
apprehensive, that the Price will be an insuperable objection to
their giving orders for a supply at their own Expense : — I wish
however, to be informed if they might be obtained immediately
from Government if required; whether Prompt Payment would
be absolutely necessary or if a Credit might be obtained — The
Laws of Virginia and Connecticut, have been received, but of
so ancient a date, that I am apprehensive they will answer us
no very good purpose.

With most respectful Consideration,
I have the honour to be Sir,

your obedient humble servant

(Signed) Winthrop Sargent

The Honourable, Secretary of State.

To James McHenry.

Mississippi Territory
Sir Natchez Augt. 18th 1799

The enclosed Letter of Mr Howard I do myself the honour
of transmitting as a kind of supplement to my information upon

168 MISSISSIPPI TERRITORIAL ARCHIVES.

Indian Affairs of the 3d- Ult: And which I believe it my duty
to make unto you.

I add only, that Mr. Howard is a Magistrate of the Missi-
sippi Territory, of Judgment and Veracity.
With great respect I have the
honour to be, Sir,

your obedient humble servant,

(Signed) Winthrop Sargent.
The Honble Secretary of War.

To Oliver Wolcott Jr.

Mississippi Territory
Natchez Sept. 17th 1799
Sir

In Consequence of your Directions of May the 14th I have
Consulted the most intelligent Gentlemen of this Country, as to
the proper place for a Port of Entry and Delivery within the
new District, and in the result take leave to name to you the
Town of Natchez, and John F. Carmichael as the Collector ] —
He is a Citizen of Pensylvania, Surgeon in the Army, proposes
to resign, and establish himself in the Territory, and is well
known to the honourable Mr. Ross, and most of the Pensyl-
vania Members of Congress. — from an acquaintance of many
years, I feel myself authorized to add (so far as it may influence)
my Testimony for the Sufficiency, and respectability of his Char-
acter.

It is the opinion Sir of many Gentlemen within the Terri-
tory, that in increasing the Ports of Delivery, by permitting one
at Clarksville, near the National Boundary, and another at the
Bayou Pierre would much accommodate the Inhabitants.

An inflammation in my Eyes, which makes it extreme pain-
ful for me to write at present, will apologize I trust for my delay

1 Dr. Carmichael was appointed first Collector of the Port of Natchez.

GOVERNOR WINTHROP SARGENT. 169

in responding to your favour, and not being more particular at
this time.

With high respect I have the honour to be sir

your obedient humble servant

(signed) Winthrop Sargent
The Honourable Secretary of the Treasury

To Lewis Evans, Sheriff of Adams County.1

Bellemont near Natchez
September 19th 1799

Reconsidering the subject of another application for the
Courthouse, I believe it will most properly come from you to
the Military and with assurances, that it shall be to their use
whenever needed; for in any immediate interference of mine,
it would perhaps by my Duty to make such observations upon
the Treatment you have stated to me to have received in the
former application, as might possibly deprive us of it at this
moment, when it seems to be so very necessary, — indeed when
we cannot do without it. — and when General Wilkinson arrives,
I have no doubt it may be permanently confirmed for Civil pur-
poses.

In the Premises and all other transactions with the Military
I have desired, and repeat it, that a delicacy of Conduct may be
observed to avoid and prevent, all Cause of Misunderstanding,
and promote perfect Harmony.

The Idea that the Military would wish to triumph over the
Civil Authority of this Country (which has been suggested to
me) is extreme painful. — I persuade myself such Conduct can
never obtain with the present Commandant, or any but the most
ignorant inconsiderate man. For honour which strongly marks

'Lewis Evans, first sheriff of Adams County.

170 MISSISSIPPI TERRITORIAL ARCHIVES.

the Character of a soldier, would Wane at Violating the Consti-
tution of our Country.

I am, Sir, your most obedient, humble servant,

(signed) Winthrop Sargent
Mr- Evans —

Sheriff of the County of Adams.

Unfinished Letter to

Bellemont Plantation
20th of September 1799
Sir

Having received from the Secretary of State a Letter of
the 10th of December Ult : Declaring "the Public Buildings (those
of the Forts excepted) within the Mississippi Territory, ought
to be in the hands and under the care of this Government" and
instructing me to take charge of them accordingly, and that if
necessity or Convenience at any time should render it proper
to apply them to the use of the Military the application for them,
must be to myself, and that the Secretary of War, intirely con-
curred with him in such opinion, — I communicated the same
to General Wilkinson, and believing him to have surrendered
to me amongst other Public Buildings, the one at Natchez known
formerly as a Hospital, I presumed after the due attention to
the Officer Occupying part thereof to appropriate as a Court-
house, and instructed the Sheriff accordingly, not intending I
assure you sir, the smallest disrespect to yourself or any Mil-
itary Gentleman thereby.

Note — The foregoing was an unfinished letter put upon the
file by mistake, and never received any Address — by the Gov-
ernor- J. Steele

GOVERNOR WINTHROP SARGENT. 171

To Timothy Pickering.

Private. No. 24 Mississippi Territory-

September 20th 1799—
My Dear Sir,

In a late private Letter not made a matter of record with
me, and therefore I recollect not the Date, I furnished you with
a List of Presentments from the Grand Juries of the two Coun-
ties within this Territory that you might be be enough informed
of the discontents amongst some of our people. — Originating
with the men of those Juries and their particular Associates,
has been a Convention of the Territory by Delegates Elected in
some instances with formality, and after a very tedious sitting,
and such Violence of proceeding as together with the Operation
of Cooler Reflection Caused them to be deserted by almost every
man of any acknowledged Respectability — there has been pre-
sented unto me an Address, the Essence of which is, to reprobate
Generally my appointments, and to demand that I should suffer
them, to Point out to me the proper Characters for Commis-
sion, Civil and Military, — in this address they seem to believe, my
information of Characters to have been derived from Mr. Elli-
cotte, and are incensed in the extreme against the man — They
proceed to charge him, with encouraging an Idea amongst this
people that they could never be within the Jurisdiction of the
United States, and inviting them to assume by Violence the
Powers and force of the Military of the United States within
the District — But I owe it to Government to assure you Sir,
that I am in Possession of a most respectful Address to this
Gentleman highly honourable and which was presented to him
at or near the termination of Spanish Authority here, by the
Constituted Representatives of the whole people, called the Per-
manent Committee.

With the Address to me Sir was another to the Governor
and Judges, recommending to us to call upon the people to point
out the Laws which we should adopt, Condemning our present
Code in the Aggregate and which I have refered to their hon-

172 MISSISSIPPI TERRITORIAL ARCHIVES.

ours, Determined however sufficiently upon the rule for my own
Conduct.

To the persons bearing the Address to me, I made a few ob-
servations Verbally, expressive of my anxious desires to pro-
mote the happiness of the Country, that in Legislating, the
Judges and myself were bound to Consult the General Inter-
ests— That the Laws of our adoption, were for our own Gov-
ernment as well as theirs. — That we could not wilfully Err,
and would cheerfully amend, upon Conviction that the Present
Code was not adapted to the situation and Circumstances of
the People — that as to the appointments within the Territory,
they would remain with myself, for so my sovereigns had or-
dered— and that I should Continue to Endeavour unerringly to
perform my Duty, satisfied that the same would meet the appro-
bation of the General Government, and eventually of all Good
Men. — and further that I had no reason whatever (their re-
marks notwithstanding) to be dissatisfied with my appoint-
ments; that Innuendoes, and insinuations against the Gentle-
men in Commission Generally, or even an Individual of them,
could not operate a removal — that the Proceeding was disin-
genuous and Wicked. That direct charges of Malconduct, sub-
stantiated by Facts should alone influence me.

What Effect all this may have I know not — I learn that
upon returning to the Committee, they acknowledged, to have
been received, and treated with great Politeness, and adjourned
to the Close of the present month. — if in the result any thing
material may take place, I shall believe it encumbent to Com-
municate.

I take leave sir to enclose, and request your Perusal of some
remarks which may be useful to the United States — I received
them from, 374, 566, 1441, 699, 413, 862. 1370. 466.1

Considering your many important avocations, it might per-
haps have been as well to have addressed them immediately to
the Secretary of the Treasury — but I am not Enough Acquainted

1 Cipher code.

GOVERNOR WINTHROP SARGENT. 173

with that Gentleman, to assure myself it might have been taken
in good part, and I have the most insuperable dread of intru-
sions.

With this Letter Sir our Chief Justice leaves us,1 and I be-
lieve it encumbent upon me to give you thus early information
thereof, as it may, indeed it will, be attended with Consequences
highly injurious to the Territory. — from a Conversation with
him, I find that his return will depend upon the opportunity
of readily disposing of his property in Virginia — The better
means of Educating a young Family within the Territory — and
an Act of Congress for raising the Salary of the Judges, which
perhaps may not take place, and of course we are to expect his
resignation, — I suppose he will advertize you of his intentions,
upon his arrival in Virginia, and not before, — Bruin will be the
only remaining Judge, — Our Laws provide for a Court of Ap-
peals, in the Commencement of the coming year, when the pres-
ence of two is required. — I ardently pray sir, that this matter
may have your serious Consideration, and that our Judges "re-
side" within the Territory, for so is Essential to the Welfare of
the Country, and the Ordinance for its Government.

With every sentimnet of most respectful esteem, I am,
My Dear Sir

Your obedient humble servant
(signed) Winthrop Sargent

The Honourable, Secretary of State.

Appointment of First Attorney General of Mississippi Territory.

His Excellency the Governor was pleased to appoint Lyman
Harding2 Esquire attorney for the United States, and Terri-

1 Judge William McGuire, of Virginia.

2 A native of Massachusetts, died at Natchez in 1820 ; first Attorney-Gen-
eral of the Territory; first Attorney-General of the State.

174 MISSISSIPPI TERRITORIAL ARCHIVES.

tory, to whom he granted a Commission in the words following
to wit.

By His Excellency

Winthrop Sargent Esquire,

Governour and Commander in Chief, of the

Mississippi Territory.

(L. S.) To all who shall see these Presents — G r e e t i n g.

Know Ye, That reposing special Trust and Confidence
in the integrity diligence and abilities of Lyman Harding
Esquire, I have appointed him to act as an attorney for the
United States, and Territory, and do authorize, empower, and
require him to Prosecute within the Territory, all delinquents
for Crimes and offences against the United States, or the Ter-
ritory, and all Civil actions in which the United States, or Ter-
ritory aforesaid, shall be concerned. To have and to hold the
said Office, with all the Privileges, and Emoluments, to the same
of right appertaining.

In Testimony whereof I have caused the Public Seal to be
hereunto affixed. Witness Winthrop Sargent. Governour and
Commander in Chief of the Territory aforesaid. Dated near
Natchez the twentieth day of September, Anno Domini One
Thousand Seven hundred and Ninety nine, and of the Independ-
ence of the United States the Twenty fourth.

(signed) Winthrop Sargent*.

By His Excellencys Command,
John Steele Secretary.

Appointment of Clerk, Territorial Supreme Court.

His Excellency was pleased to appoint Robert Starke Es-
quire Clerk of the Supreme Court of the Territory, and Grant
him a Commission in the General Words, (Mutates Mutandes)
of the Commission Granted by him to Bernard Lintot Esquire
Treasurer for the County of Adams, (of the 5th of April 1799)
and dated the twentieth day of September 1799.

GOVERNOR WINTHROP SARGENT. 175

His Excellency the Governor was also pleased to appoint,
William Kenner and William Miller Esquires Justices of the
peace for the County of Adams, to each of whom he Granted
a Commission in the General Words, (Mutates Mutandes) of the
Commission Granted to him by Philander Smith Esquire and
others (of the sixth of April 1799) and dated the twentieth
of September 1799.

His Excellency was also pleased to appoint William Kenner
Esquire Captain of Infantry Hugh Davis Lieutenant, John Pan-
nil Lieutenant, vice Thomas Lovelace resigned, Thomas Dawson
Ensign vice John Pannil promoted, and Jesse Carter Ensign in
the Militia of the County of Adams, to each of whom he Granted
a Commission in the General words (Mutates Mutandes) of the
Commission Granted by him to Lieutenant Colonel Daniel Clark
(of the 25-th- of October 1799). and dated the twenty eighth
day of September 1799.

To Burd Grubb.

Mississippi Territory
gir September 20-th 1799

In reply to your Letter of the 30-th Ult: this day received,
I give you my assurance of full Consent to your remaining in
the Chickasaw Nation of Indians, so long as the same may be
agreeable to them. — persuaded that your Conduct will Comport
with your professions of Fidelity to the United States, and
that you may be promoting the happiness of a people not as yet
enough informed, as also the Public Weal,
with wishes for your happiness

I am, Sir,

your most obedient

humble servant
(signed) Winthrop Sargent
Doctor — Grubb. Chickasaw Nation

176 MISSISSIPPI TERRITORIAL ARCHIVES.

To Major Lewis.

Mississippi Territory
September 20-th 1799
Sir

This day Sir, I have received a Letter from Mr- Burd Grubb,
in the Chickasaw Nation, expressing a desire to remain there
from Various motives, which he will no doubt very willingly
detail to you. — Upon Enquiry of his Character, I have reason to
believe him much attached to the Government of the United
States, and that his residence with those Indians, may at least
be useful, (from his professional knowledge as a Physician) to
Travellers through the Country. — I wish he may be indulged,
under a full persuasion that his Demeanor will always be proper,
that it can not Militate with the Interests of the United States,
and may be of Public Utility.
With much esteem, I am,

Sir,
your obedient

humble servant
(Signed) Winthrop Sargent.

Major Lewis.

Agent in the Chickasaw Nation
of Indians

General Militia Orders.

Mississippi Territory
October 4-th 1799
The Governours Observations, and information of respecta-
ble Characters, Evincing that the Law for regulating Slaves
within the Territory, is most Shamefully violated, particularly
upon Sundays, and the nights of that, and the preceding day,
and in a very notorious manner, at, or in the Vicinity of the
Town of Natchez, where Slaves are said to assemble in Consid-
erable numbers from distant Plantations, Committing great ex-

GOVERNOR WINTHROP SARGENT. 177

cesses, and Carrying on an illicit Traffic with the aid and Con-
nivance of the ill disposed. — To prevent which, and preserve
due order, the Commandants of Counties will be pleased to direct
the Necessary Patrols, who are to be particular in examination
of Passports and Permits to the Slaves for the Sale or Purchase
of any Articles, or Commodities whotsoever, and to Pursue all
due Measures for the Carrying into full force and Effect, the said
Law, which is hereunto annexed, for the information of the
Patrols Generally.

(Signed) Winthrop Sargent.

To Timothy Pickering.

No- 25 Private. Mississippi Territory

October 12-th 1799
My Dear Sir,

I take leave to introduce to you Mr- Daniel Clark junr-
from motives of great personal regard and a due sense of
those services, which he has so often rendered unto our Country
men at Orleans.

Mr- Clarks intelligence and information will so eminently
Capacitate him to explain to you, some late regulations for that
Port, and which are unfriendly to our Commerce, that I notice
them not in this Letter: I had believed from reports, that this
Gentlemen might have been our Consul, in Place of Mr- Jones. —
Whose acknowledgement by the Spanish Government is a little
Problematical in Consequence of Offices he sustains, said to
be incompatible therewith. — Should this actually be the case
sir, Mr- Clark's respectability, influence and zeal may Probably
render him a very suitable Character for the Office, if the same
may be agreeable to him, but I am uninformed if he intends Con-
tinuing at Orleans, or to return to his Plantations within this
Territory — however situated though, I persuade myself I make

178 MISSISSIPPI TERRITORIAL ARCHIVES.

no hazard sir, in assuring you of his ready disposition at all
times to the Public service.

With the most respectful Consideration,
I am, My Dear Sir,

your obedient humble servant,

(signed) Winthrop Sargent.
The Honourable Secretary of State.

To Timothy Pickering

Private No- 26 Mississippi Territory

Sir October 13-th 1799

In several former Letters I have requested, that the Powers
and Duties of Civil and Military Officers within this Territory
in Peace or War should be defined even to common Capacity, to
prevent those mistakes which in a Country so remote from the
seat of Government, and so embarrassed in its Communications,
with the Heads of Departments, might involve very serious Con-
sequences— For my own part I repeat my assurances to avert
them as much as in my Powers, by the most Conciliatory manner
and measures upon all Occasions, even to full submission to all
but very flagrant Violation of our Constitution and Laws until
I am specially instructed.

Under the Command of General Wilkinson in our Country
I introduced this subject, though as a Gentleman high in rank,
with great Private as well as Public Character at stake, we had
but little to apprehend, and Notwithstanding our Variance in
Sentiment upon the Deposits of the United States heretofore ad-
vertized to you, matters went on very smoothly. — I received
from him every Public accommodation which I required and
with that amiable Urbanity so proper in Official men. — But ap-
prehending a different line of Conduct in those who might suc-
ceed him, — that an inconsiderate, or intemperate man in Mili-

GOVERNOR WINTHROP SARGENT. 179

tary Command might by omission of Duties, sometimes indis-
pensable, or the Commission of rash proceeding, cause us to
realize the dreaded evils, — I Communicated my sentiments very
fully, and received the Generals assurances, of the most direct
Provision to guard against them. — that the Gentleman who in
order must be left in Command, should be instructed to Counsel
with the Governour — this was not the Generals Expression for
'twas fuller and seemed to proceed from a perfect Unity of sen-
timent and apprehension — But Major Cushing, an officer high
in the Generals Confidence, I believe arriving about the time of
his departure, revoked such intention, though he assured me from
Orleans by Letter, that the Major who was in Command upon
the Mississippi during his absence had his Orders to Consult me
in every Exigency, and to render me every service Compatible
with his Military Duty — which would under the present admin-
istration of the Government been enough, had the Generals ar-
rangements been abided by and the disposition to reciprocity
of Civilities and accommodation with the subordinate Military
Officers been but equal to my own. —

The General had ordered from Walnut Hills to Command at
Natchez, an officer Competent to Printing the Laws of the Ter-
ritory; a Business of high Public moment and which we had
no other means of accomplishing. — This Gentleman after being
a good deal mortified by his Military Friends for Printing was
finally ordered away by Major Cushing, who would no otherwise
consent to his pursuing this Work here, than by giving him a
Furlough, notwithstanding my serious remonstrances and shew-
ing him that the Interests of this Territory and United States,
required my disseminating information and intelligence which
could be Effected only through the Medium of the Press. — Ob-
serving that an officer might as well turn Taylor, or keep a
Tavern at his Command, as to Print, if such had been once his
Profession.

I have been deprived of drawing Provision from the Fort
here for the Indians — The Contractors agent, has also declined

180 MISSISSIPPI TERRITORIAL ARCHIVES.

supplying them, which places me in a very disagreeable situa-
tion, for I can not afford to Victual them at my own Expense,
and indeed have not always the Means though I might be as-
sured of reembursement— The Consequences must be that I
shall make a Contract for this purpose, and at greater Expense
probably than the present one, which under the Command of
General Wilkinson I always used for the Indian Department.

One of the Public Buildings within a short distance of the Fort
at Natchez, and used as a kind of General Hospital, which was
not surrendered as an appendage of the Fort, — which has laid
waste almost all the time since my arrival, and which I had
believed actually to have been given up to me by General Wil-
kinson, is now forcibly withheld. — I had ordered it appraised
that it might have been paid for to the United States by the
proper County, if it had been their pleasure, and for the use of
the Court — The sheriff was ordered to prepare it, but was in-
delicately I conceive informed that he would be prevented by a
Guard. — though the Major afterwards loaned it to him for a
sitting of the Supreme Court, observing that he should have re-
fused it upon the Governours Demand, his instructions from
the Secretary of State notwithstanding, for he received no orders
but through the Secretary of War. — That the Governour had al-
ready possessed one Building, to which he had no right, and in
a very extraordinary manner, by taking the opportunity between
General Wilkinsons departure, and his assuming the Command,
but that he had stated the same to the Secretary at War, and the
annual Value of the house at two hundred Dollars.

The Consequences of such Observations are so obvious, that
I forbear to mention them, or to say more upon the Major's
statement to the Secretary of War, further then that the whole
Building is estimated to be only of the Value of Dollars,

that a part of it is occupied by the Secretary as an office, — that
I make no other use of the small residue but as an office for
myself, and Occasionally to meet the Legislature and Indians —
'tis no accommodation to my Family.

GOVERNOR WINTHROP SARGENT. 181

If sir the Military Officers who may have temperance and
Discretion (and none others should have Command) might be
instructed from the Secretary of War, to be Governed by the
Spirit of that Constitution which vests Supremacy in the Civil
Authority of the United States and their Territories. — to re-
ciprocate Delicacy and Civilities to Characters in Commission
and when they feel themselves Constrained to withhold services
or accommodation to do it with Decorum, that good underatand-
ing and Harmony Essential perhaps between Civil and Military
every where, but more especially in this remote part of the Union,
would be preserved inviolate. — There is an Idea prevailing I
believe in most free Governments, that the 'Gentlemen of the
sword would assume to rule — My own Experience and observa-
tion, Convince me that they may sometimes exceed the proper
limits, but I believe myself to be as free of Jealousies as any
Patriotic American ought to be, and whatever Idea may prevail
to the Contrary, I trust you will believe sir, that I feel no Dis-
position whatever to Trespass upon Military Authority, but the
most sovereign respect for all the Constituted Powers under
our Government.

I have the honour to be,

Sir,
your obedient humble servant,

(signed) Winthrop Sargent

The Honourable Secretary of State.

To John Giravlt.1

October 23-d 1799
Sir.

I received yours of the 22d of August yesterday, and shall
attend to all the matters thereof without delay. — Would it
not be enough if one Company of Infantry was added, the Cap-
tain and Ensign from, or near Bayou Pierre, and the Lieuten-

1 Had been recorder under the Spanish Government.

182 MISSISSIPPI TERRITORIAL ARCHIVES.

ants from Palmers Fork, or the Captain from the latter place,
if more agreeable. — No matter which, and to Muster in Detach-
ment, except upon Field days, and for actual service, when they
might assemble in Company.

You must recommend to me proper Characters as officers
from such knowledge as you possess of the Inhabitants, and I
can myself also make Inquiries for information. — You know it
would be very pleasing to me to find all the Necessary Qualifi-
cations of an officer in men that would be generally agreea-
ble to the people, and you know also that I shall make no im-
proper appointments from any Consideration whatever.

I put the motion relative to a site for your County Goal &c
into Colo. Steele's hand, asking him to view the Country &c as
soon as Convenient. I have just Confidence in him, and should
most probably approve his proceeding. — Supposing you should
press a little of his attention. — He is very obliging, and though
such Business can be no part of his Duty, he will not refuse.

Much Esteem and Good wishes for yourself
. and Family, from

your humble servant

(signed) Winthrop Sargent

Colo. John Girault

Pickering County.

To Timothy Pickering.

No. 27. Mississippi Territory

November 1st — 1799.
Sir,

I have received your Letters of the 3d of June and also
twenty Volumes of the Laws of the Laws of the United States
to Complete the sets intended for this Government, but as I have
no Notice of the same I suspect a Previous or Accompanying
Letter may have been mislaid. — they came to hand by a Mr.
Berthout a swiss Gentleman, who favoured me also with a Tripli-

GOVERNOR WINTHROP SARGENT. 183

cate of yours of the 20th- of May and the Particular discription
of J. D. Burke — whom I had previously advertized to the Mar-
quis de Cassa Calvo Military Governour of Louisiana, through
Mr Jones and received in the same Channel his Excellency's
assurance to reciprocate upon any like Occasion. — It seems
proper I should tell you sir, that Mr. Jones has not been ac-
knowledged as Consul at New Orleans, and that the Vice Consul
is suspended, because (as the former writes me) it has not been
usual for the Spaniards to allow of Consuls from Nations in
Amity with them, in their American Ports, and the Government
of the United States has not fixed the Matter of establishing one
at New Orleans.

In your favor of the 3d of June, you tell me you will pay
to Mr. Hunt to be replaced here as a Contingent Fund the sum of
one Thousand dollars, for which and your observations there-
upon I request you to accept my thanks, with assurances that no
Public Monies in my hands shall ever be misapplied. — I deem
myself so fortunate in my Connexions below, and rely so much
upon Colo. McKee, in the Indian Country, that I flatter myself
I shall not have immediate Occasion for Secret Service mony,
though I am not without my fears that our Neighbours are
tampering with the Choctaws — 'tis reported they have pretty
generally been solicited to visit at Orleans. — I vouch not for
the truth thereof, but a Statement without doubt will soon be
received from our agent. — and I cannot pass this Occasion of
again expressing my solicitude, that Government should make
some provision for that nation, or prepare sufficiently to avert the
Consequences of omission — They are soured by deception and
disappointment.

A part of the monies you have ordered me will be applied
to defray the Expense of Printing 200 Copies of the Laws of the
Territory — an Indian Interpreter at fifteen Dollars per month,
from the October of 1798 — and a Building hired at Natchez as
an office, Indian Council House, and for the Judges and myself
in our Legislative Functions. — the latter expense ceases from

184 MISSISSIPPI TERRITORIAL ARCHIVES.

July — the first when as I have already advertized you a Public
Building at Natchez, was given up to me by General Wilkinson ;
it is occupied as offices by Colo. Steele and myself, and will
occasionally be used as before specified, but is so much out of
repair, that some Expense is Absolutely necessary to prevent its
tumbling down.

The Buildings at the Villa Gayoso, shall be particularly sur-
veyed and valued and report made unto you thereof without
Unnecessary delay. — I now only briefly tell you, they Consist
of a Church, Commandants and Priests house, small Barries
and Kitchen, all framed Buildings ill finished. — the Church has
been used as a Courthouse, and I have permitted the Command-
ant of the Militia to occupy one of the dwelling houses for the
Preservation of the others, — But the situation is deemed un-
healthy and the County will press erecting the necessary accom-
modations, in another Position, in which the (they) will be in-
dulged, as they must build a Goal, and of Course the Villa Gayoso
must be evacuated — A Mr- Green (very wickedly I think) has
set up a claim, relative to which we shall immediately request
the Counsel of the attorney General. — As in Duty bound sir,
I shall Continue to defend the rights of the United States. —

Although we had at first prepared to use the word District
in lieu of County, which will account for my style of writing in
the Letter you allude to, yet we have since adapted the same,
to your inscription upon the seals.

In my Private Letter No. . 24. of September 20th — In (I)
Continued my Communications upon the Extraordinary Conduct
of some of this people. — since that time, they have so matured the
matter as to send forward an agent1 with representations to
Congress, which it is unnecessary for me to observe upon. —
Copies were furnished me but not until after his Departure,
and to strongly mark their Contempt to authority, they are trans-
mitted through the Indian Country without the Passports re-
quired by Law, although the bearer thereof was advised of the

lNars worthy Hunter,

GOVERNOR WINTHROP SARGENT. 185

Consequences, — As you Probably sir, are not acquainted with
his Character, I take leave to remark that he seems to me,
a very inconsistent, and intemperate young man, — but not the
representative of this people, for though passion, and the acts
of a few wicked and designing men for a time seemed to prevail,
yet reason is gaining Ground. — Examining the addresses to
myself, and to myself and the Judges, and those Memorials borne
by the agent, to Congress,1 you will observe a retrocession of sub-
scribers and indications of the prevailing temper of the times. —
I know not if any attention will be bestowed upon the addresses
of this Committee farther than that they have long since been Ex-
poused by your Executive. — The names of the signers will first
certainly be enquired into, and their Consequences weighed in
the scale of that general respectability of the Country, derived
from the due Consideration and, in a Consciousness that my
Public Conduct and its motives can endure the test of investi-
gation, I continue to Glory. — Government may at its pleasure,
make experiments in the Mississippi Territory, but if I have
a knowledge of the people, they are yet unfitted in every view
of the matter for that second stage of Order, which a very few
of its inhabitants, have at this time solicited, — We are for-
tunately endowed with some Characters, that would do honour
to any Country. — Dispassionate men of Cultivated minds, and
more firmly attached to good order by Families and Wealth,
but they are not numerous and of our general state of Popula-
tion you are already advertized, which to the Secretary of State,
and for the information of Government renders it unnecessary
for me to say more, nor could I answer it to my God or that Gov-
ernment to have been less expressive.

Upon the 20th. of August Judge Tilton wrote me from New
York, expressive of an intention to solicit Congress for an in-
crease of pay to the Officers of this Government. — As it relates
to myself sir, I will only observe that my expences have arose
to very Considerably upwards of three thousand Dollars an-

JThe petition complained of the Sargent administration, and asked for
a Legislature elected by the people.

186 MISSISSIPPI TERRITORIAL ARCHIVES.

nually without including Beef and Bread, which has been fur-
nished me from my Plantation ; and but for that passion for fame
which I believe will cease only with my being, I should decline the
honourable service to which I have been appointed.1 —

Neither the Secretary's office or that of the Judges, can prob-
ably implicate them, in the common Expenses of the Governour,
but I am sufficiently authorized to say that places of Oversers
upon many Plantations within the Territory would better Capaci-
tate them to support themselves and Families, than their present
Pay and Emoluments. — The Secretary may, probably will have
to discharge the Duties of that office, which subjecting a man
to much Company in all Countries, is found to be particularly
Burdensome and Expensive in this, nor can we resist the force
of habit, and the most rigid Economy will not enough avail us.2

The Judges it is admitted, should be independant in their
Circumstances. — and it will not be asserted their present pay
can make them so.3 — Men of fortune will not probably soon take
their residence in this Country possessed of the necessary Law
reading for the Bench. — and the Independence of Judges there-
fore is not to be otherwise established, than by adequate salaries
from Government — these few remarks sir, I have presumed to
offer and merely to you, believing much in the good Effect of such
representations as you shall be induced to make, and because
I think I owe it to the Country, and that you will Pardon the
freedom.

I have heretofore sir taken leave to trouble you upon the sub-
ject of stamped papers for this Territory; perhaps my appli-
cation should have been to the Secretary of the Treasury, but in
the delay we may possibly experience very ruinous Consequences.
I again pray that we may be furnished, and that your means

1 The salary of the Governor was two thousand dollars.

2 The Secretary received a salary of seven hundred and fifty dollars.

3 The judge's salary was seven hundred dollars.

GOVERNOR WINTHROP SARGENT. 187

be kindly made use of to avert for the Territory, any Evils to
which we may be exposed from delinquency.
With highest respect I am

&C&C

(signed) Winthrop Sargent
The Honble. . Secretary of State.

To Evan Jones

The Grove near Natchez
Mississippi Territory
November 7th.. 1799
Sir,

I have received the extraordinary information from our agent
in the Choctaw Nation of Indians that a Conference is proposed
to be held with them under the order of the Marquis de Cassa
Calvo;1 that they are invited for that purpose to the Lakes in
a letter from Simeon Favre Chief Indian Interpreter; a Copy
of the Letter has not been obtained, but is said to be expressed
in terms of high aggravation ; to purport that his Chatholic Maj-
esty will take the Choctaw Indians (especially those who have
received Spanish Commissions and Medals, and who have never
exchanged them, for those of the United States) again under
his care, and Clothe them as usual, and indecorously arraigning
Our Country of negligence. — but as it is possible my information
may not be perfectly correct I remonstrate not directly to the
Marquis, and though it may be no part of Consular duty to attend
to such subjects, shall nevertheless avail myself of your obliging
offer of services for a true statement

The fifth Article of the Treaty of Amity &c between the
United States and Spain, seems to apply to this subject. — it
will receive even sacred attention by our Government, and must
be equally respected by our Friends. A reference to the Corre-
spondence which I had the honour to make with his Excellency's

1 Spanish Governor of Louisiana.

188 MISSISSIPPI TERRITORIAL ARCHIVES.

worthy Predecessor, and which I suppose may easily be had, will
shew Strong Traits of the amicable Disposition of the United
States, and the delicacy invariably observed in all Transactions
any wise relative to the Indians within the Limits of Spain. — a
reciprocity we shall expect and demand, and I know my Country
to well to believe they will submit to indignity, — To avert the
evils of a misunderstanding between two Powers whose Inter-
ests pressingly demand Amity, I believe to be no unimportant
part of my Duty, and that the same may probably be better
effected through you sir, than by an address made immediately
to the Marquis in the full faith of the information before men-
tioned, and which as it is — necessarily constrain strong remon-
strance and protest, would not be a very desirable introduc-
tory letter.

If it shall be found, that the Marquis has invited the Indians
North of our National Boundary to a Conference, I have to
request sir, you would be pleased to express to him from me,
that I deem the same incompatible with the spirit of the Treaty,
between our Countries. — and if that language towards the
United States has been used, which you will observe, I have no
inconsiderable cause to believe, it may not be improper to express
to his Excellency my strong apprehensions, that it will be a
source of very great uneasiness, and be good Enough to Com-
municate to me in the result, for the information of the General
Government.1

With respectful Consideration, Sir,
I am,

your obedient,

humble servant,
(signed) Winthrop Sargent.

Evan Jones, Esquire
&c &c

New - Orleans.

1 The Spanish authorities, it is charged, frequently attempted to incite
the Indians against the United States, in the early history of the Mississippi
Territory,

GOVERNOR WINTHROP SARGENT. 189

To Timothy Pickering.

Private No . . 28. Mississippi Territory

November the 8th. . 1799
Dear Sir,

I expressed to you upon the first instant, apprehensions of
the misconduct of our Neighbours, — the enclosed Letter Nos . .
1 and 2. from the Chactaw Nation received last Evening. — No . .
3 to Mr. Evan Jones our Consul at Orleans, and No. 4 to Daniel
Clark junior now at that place are in Point, and all I can add at
present, as the Express who will bear this is in waiting, I trust
my Conduct may meet the approbation of Government, and that
the Problematical Conduct of Spain may induce seasonable ar-
rangement.— We have resources in the upper Country, but pre-
vious notice might be essential. — I could wish you would re-
peruse my Communications immediately after my arrival in the
Territory; they were made under apprehensions of Invasion,
and might apply.

With most respectful esteem, I am

Dear Sir,
Your obedient humble servant
(signed) Winthrop Sargent

The Honourable Secretary of State.

To Mr. Daniel Clark, Jr.

Private Mississippi Territory

November the 8th — 1799
Dear Sir,

Assured my Confidence is not misplaced and that you have

the Interests of the United States in View and at heart at all

times, I enclose you an Open Letter to Mr. Jones to be read sealed

and delivered, and to receive the advantage of your zeal as far as

is essential — to a man of your intilligence I need add no more —

of the propriety of Communicating at all with Mr. Jones you

190 MISSISSIPPI TERRITORIAL ARCHIVES.

will Judge — For all the accompanying letters, I request Cer-
tainly Facility and dispatch. — They probably will go forward
by yourself. — if not I believe Mr. Berthout who is or will
speedily be in Orleans may be a safe Conveyance — case of danger
from an Enemy, 'twill be necessary to destroy them — All you can
learn relative to this extraordinary invitation for the Choctaws,
I request you to detail to the Secretary of State and me.
With much esteem I am,
Dear Sir

your obedient

humble servant
(signed) Winthrop Sargent
Mr. Daniel Clark Junior

New Orleans

General Militia Orders.

Mississippi Territory, November 9th — 1799.

The Governours important Duties of Attention to the Welfare
and safety of these People, forbid him longer to delay the full
and Complete Organization and Efficiency of the Militia, agree-
ably to Law and standing Orders — They are therefore to be in
immediate preparation for real and active service — To those
who are not already provided with Knap and Haversacks or the
necessary Means of carrying such Baggage and Provisions as
might be proper, should they leave their homes, it is strongly rec-
ommended to furnish themselves — the Expense can be but
trifling, and it is to be Calculated upon as amongst the Possibili-
ties, that they may be wanted.

Commanding Officers of Legions will be pleased to make Cor-
rect returns of their Corps and arms as immediately as possible
And it is presumed there will be no Deficiency of the Ammunition
and Accoutrements required by Law. — The Governour per-
suades himself of prompt Compliance with this Order — That

GOVERNOR WINTHROP SARGENT. 191

there are no Characters within the Territory, so lost to all regard
for our general respectability and Welfare, as to prevent or
impede its operation: A Continuation of that Conduct, observed
with extreme sorrow in some Characters (from whom there
were better Expectations) and Evidently intended to frustrate
orderly and Constitutional Government may be productive of
most fatal Consequences; and for which, such Characters would
be accountable to their Country and their God.

Ever desirous of accommodating and Consulting the Con-
venience of those enrolled in the Militia to the extent of legal
Limits, the Governour takes this Occasion to observe to the Com-
mandants of Legions, that in the few instances where men of a
Company are very much dispersed and distant they might be
permitted to assemble and Exercise upon the monthly Muster
Days by Detachment, in Divisions of Companies, and under the
order of either of the Commissioned Officers. — Such Indulgence
would probably obtain unremitted Exertion and Attention on
the part of the men, and equally fit them for field Days or actual
service.

To View the Militia assembled under arms is very much de-
sired, and it is with grest anxiety the Governour waits for the
County Commandants to name the Day.

(signed) Winthrop Sargent

To John McKee.

No. . 2. The Grove near Natchez

November 9th. 1799
Sir

Your Letter of October the 19th the only one I have received
was delayed until Yesterday ; the Contents are indeed unpleasant,
and I have indirectly remonstrated thereupon to the Governour
of Louisiana — for want of the Letter of invitation to the In-
dians, I could not Consistently be direct.

192 MISSISSIPPI TERRITORIAL ARCHIVES.

Your own good sense will instruct you to make use of fairest
words to the Red people ; you can assure them of my unremitted
Endeavours that they shall receive the Charity of Government —
I have demonstrated to some of them extraordinery Friendship —
A party that were with General Waynes Army at Fort Washing-
ton upon the Ohio. — the Circumstances may be remembered
in the Nation, and are in Point to shew the Interest I have taken
in their Concerns, and may have its uses.

If you should send in half a dozen leading Choctaws, such,
generally, as you may be doubtful of, I would endeavour to Con-
ciliate them. — You must not lose sight that my means are small,
but I pass no opportunity to the General Government, to have
them increased, and to urge the interests of those people. — I
have, and shall Continue to transmit your informations to the
proper Department, but you will nevertheless, embrace every
Occasion yourself.

I am anxious for the information you promised me from
Tombigby, and also of a proper route for the mail &c &c — agree-
ably to the memorandums I gave you. — Be good enough to
Number your Letters, — I shall do the same, and this is No. . 2
of mine.

With much esteem &c &c,

(Signed) Winthrop Sargent.
Colo. John McKee

Agent in the Choctaw Nation

His Excellency the Governor was pleased to issue a new Com-
mission for the Court of Common Pleas in the County of Adams,
and in the words following viz.
Mississippi
Territory.

By Winthrop Sargent,
Governour of the Mississippi Territory.

GOVERNOR WINTHROP SARGENT. 193

To all, who shall see these presents — Greeting,

Know ye, that I have by these Letters made Patent ap-
pointed and Commissioned as Justices of the Common Pleas in
the County of Adams — Daniel Clark, Bernard Lintot, John Ellis,
Thomas Wilkins, George Fitzgerald, John Collins, and William
Kenner Esquires, and do authorize and empower them, or any
three of them, to hold and keep a Court of Record in the said
County to be styled agreeably to the (law) in such case made and
provided "The Court of Common Pleas of the County of Adams"
and therein to hold Pleas of Assize, Scire Facias, replevins, and
hear and determine all manner of Pleas, actions, suits, and
Causes of a Civil Nature real, personal, and mixed, according to
the Constitution and Laws of the Territory.

In Testimony whereof, I have caused the Public

[L.S.] seal to be hereunto affixed and undersigned my name.

Dated at Natchez, Territory aforesaid, this fourteenth

day of November, Anno Domini One thousand seven hundred

and ninetynine, and of the Independence of the United States

the twentyfourth.

(signed) Winthrop Sargent

To John McKee.

No. 3 Natchez November 25th— 1799

Sir

I have received your three Letters introducing the War Killer,
and three other Chiefs to whom I gave a Blanket and Leggins
each, with Beef Corn and Pumpkins, which were by no means
satisfactory. — There was a tall old Man amongst them, I rec-
ollect not now his name, (and your Letter is at the Plantation,)
who was particularly troublesome — who demanded an Ox, and
whom indeed it would have been difficult, to have satisfied — He
produced a Bunch of Wampum given him as he said by your In-
terpreter, with instruction to boldly tell all his wants, and de-

194 MISSISSIPPI TERRITORIAL ARCHIVES.

mand that they should be supplied. — that I was rich and ought
to purchose for him, from the stores in Natchez, — this was
wrong in the Interpreter, and must not be repeated They came
attended by twenty and more of their Nation, which you will
readily Conceive in my embarrassed situation, could not have
been very pleasant.

The old man spoke very much of the Spanish invitation to
their people, and the presents which would be made to such as
accepted it. — I know not how this may be, but I certainly cannot
now emulate great Generosity — The Spaniards may have their
Views to Justify even extravagance for the Choctaws. — they
are dreading an incensed man of influence with the Creek
Nation. — It is our Policy I believe to Combate all Foes, without
recurrence to the savage arm; it may not I think be amiss to
endeavour in Common Conversation (not in formal Talks) and
if not militating with instructions, to instill this amongst the
Choctaws, and that in event of War, we should but of them,
to remain in peace at home, whilst we ourselves should decide the
Fate of Battles. — such was our Conduct — such was our Lan-
guage in the War with Britain.

I send to your care a Letter for Franchammassatubba, which

you will be good enough to have interpreted to his understanding

— It is accompanied with a small Compliment for his Wife,

which I supposed might be more acceptable, than a small present

to him. ■

With much esteem &c. I am t . ,* ,xr. ., „ e ,

(signed) Winthrop Sargent

Colo. John McKee

Agent in the

Choctaw Nation

To Franchammassatubba, a Choctaw Chief.

Natchez Mississippi Territory

November 25th— 1799
I send you my good friend by the War Killer with whom I am
very well pleased a small Keg of Liquor and two yards and a

GOVERNOR WINTHROP SARGENT. 195

half of Red and Blue Broad Cloth, for your Wife, as a very small
token of my good Will — I have it not in my power at present to
offer anything for your own acceptance. — I should have been
very glad to have met you before this Time, Face to Face, and to
have assured you of the good Will of my Government, but as I
know you must be attended by many of your people who would
expect presents, and I have not the means to make them I must
postpone an invitation in Form, though this subject is always in
my mind, and I have asked Charity for them, but the great men
who must order this have very much to attend to, and which re-
quiring time they have not yet granted my request — You who
are acknowledged a very Wise and sensible man, are not now to
be told, that two things can not be well done at once, and that in
a Country where there are Millions of people, many things must
be done which probably have been left undone, at the Time when
by the Treaty with Spain you were first acknowledged to be
within the Government, and Consequently under the particular
care of the Unites States.

Mr. . Ellicott has I am told made you many promises, but
I believe he was not authorized so to do, nor do I believe our
Government will be informed thereof, till notice which I have
sent forward shall arrive, and which did not come to me for
sufficient Credit until very lately. — Many of your people visit
me, and I endeavour to give them a hearty Welcome, but some
leave me dissatisfied, because I do not take my Coat off my back
and give it to them ; indeed I do not know if even that would be
Enough — but I trust we shall live to see them Wiser and en-
joying much better Times, with Independence as the Whites. —
What would be the result of sending some Ploughs, Hoes and
Looms amongst you ? would not the Example of the Creeks, and
Chickasaws induce the Choctaws to Agriculture &c there are
Certainly very great advantages in it, and if you and I could
be the happy Instruments of making it General amongst the
Choctaws, it would gladden our hearts in our declining years, as
insuring the Welfare of their Children after them.

196 MISSISSIPPI TERRITORIAL ARCHIVES.

To Colo. McKee a very respected White man appointed by our
great Chief to reside amongst you, and whom I am sure you
will Love and honour I refer you to have this Letter interpreted,
it is

From the true Friend of all the Choctaws

(signed) Winthrop Sargent
Franchammassatubba

a Choctaw Chief.

Appointments.

By His Excellency
Winthrop Sargent Esquire
Governor and Commander in Chief of the
Mississippi Territory.
To all, to whom these presents shall come — Greeting
Robert Stark's Commission.
Know ye, that I have Constituted and appointed, and do
by these presents Constitute and appoint Robert Stark Esquire
to be Clerk to the Supreme Court of the Mississippi Territory
and do hereby authorize and empower him to do and perform
all and whatsoever to the office and duty of Clerk of the Said
Court doth any Ways belong are appertain.

(signed) Winthrop Sargent
In Testimony whereof I have caused the Public
L. S. Seal to be hereunto affixed — Witness,

Winthrop Sargent Esquire
Governor and Commander in Chief.
Dated in the Territory the twentyeth day of September,
Annoque Domini One Thousand seven Hundred and ninetynine,
in the twentyfourth Year of the Independence of the United
States of America.

By His Excellency's Command

John Steele Secretary
Certified the

1st Jan. 1800

GOVERNOR WINTHROP SARGENT. 197

A transcript of this Journal commencing at Page 165 — was
made for transmission to the Secretary of State and authorized
in the words following viz.

I do certify that the foregoing ninety two pages are a tran-
script of the Journal of Proceedings of the Governor of the Mis-
sissippi Territory in his Executive Department, from the thir-
tieth day of June 1799 until the first day of January, one thou-
sand eight hundred.

In testimony of which, I have undersigned my name, and af-
fixed my private seal as Secretary in and for the Territory
aforesaid, in the county of Adams, this first day of January
One thousand eight hundred-
John Steele L. S.

Transmitted from New Orleans in the ship Chesapeak on the
— of Jany. 1800- Also a Copy of the Laws for the same term —

To Evan Jones.

Natchez Deer. 14th- 1799
Yesterday Sir, I had the honour to receive your favour of the
16th. Ult. with the declaration of the Governour of Louisiana,
that the Choctaw Indians had not been invited by him to a
Conference &c- and requesting to be advertized through you of
my informer — It was by our Agent in the Nation. I was noticed
thereof, and his information came from some of the Chiefs
Many of whom, have since made Communications of like import
to me, and that in no inconsiderable numbers, they were upon
their way to Orleans, which is all I have to add at present upon
this subject, though possible events may make it proper for me
again to call it up, and again to trouble you — I enclose you a

198 MISSISSIPPI TERRITORIAL ARCHIVES.

Copy of Laws, passed in second session of the Legislature, and
am with much respect and esteem.
Sir,

your obliged

and obedient

humble servant
(signed) Winthrop Sargent
Evan Jones Esquire

Consul for the United States
New Orleans.

To Timothy Pickering.

Private Mississippi Territory Deer. 29th. 1799

No. 29
Sir,

Since I informed you of the invitation to a Conference from
the Spaniards to our Choctaw Indians, and the Communications
of Letters thereupon marked No. 3. & 4. in my dispatches of the
8th- Ult. I have received through Mr. Consul Jones at Orleans,
assurances from the Marquis de Casa Calvo, upon his word of
honour, (invitation disavowed) that as far as he knew, there was
not one word of truth in the Information / had received — That so
far from having authorized an invitation, he was totally ignorant
of any- that as he had no Orders from his superiors to hold a Con-
ference ; it was impossible he could give any for such purpose ; and
he was well aware, that such a step would be Contrary to the
Treaty subsisting between his Court and the United States — the
Marquis expressed to Mr. Jones some surprize, that he should be
thought Capable of Acting so Contrary to his duty — requesting
to know the source of my information, and by an Aid de Camp,
further formally, and declared unto him, that I have been misin-
formed. But another Correspondent, whose name I gave you in

GOVERNOR WINTHROP SARGENT. 199

— Cyphers in my letter of September 20th — No. 24 — writes
upon the 27th. . of November thus.

"Numbers of Choctaws arrive here, and as many as 700 are expected,
"with the intention it is said, of Complimenting the Marquis on his arrival —
"the time Corresponding too well with your information, not to suspect
"them of other Views — I shall watch and advise you."

"The great body of Indians who have been here after receiving Con-
siderable presents have gone away — your Letter (meaning mine of Novem-
"ber 7th to Mr. Consul Jones) "has prevented any Congress or Public Talk
"if such was intended; and I believe little else than general recommenda-
"tions to live in peace have been suggested to them. Captain Reed a Shaw-
"anese has been here for some time, and is in waiting he says for a number
"of his Countrymen — You can easily learn from him at his return all that
"has been said, as he must know every thing proposed to the Choctaws,
"having lived in the same house with their Chiefs.

"One of the Choctaws who lives in your Government has assured me,
"that the Spaniards only recommended to them to live in friendship."

"A number of the Choctaws have asked of the Governor Spanish Com-
"missions, — this he was too wise to grant them, he has however to my
knowledge given Certificates to eleven of them, the Contents of which, as
well as I am able to recollect is"

"That the Indian therein named while the Nation was in the Territory
"of his Chatholic Majesty, was chief of such a Village and was entitled to
"the great or little Medal — , but that now the Spanish Government looked
"upon him as a Captain among his Nation, without pretending to any right
"of Nomination or interference with their Concerns."

"One of these Certificates was read to me designedly by the Secretary
"of the Government and I pretended to pay no attention to it — I procured
"however the names of some of the Chiefs to whom they were Granted, and
"forward them to you, knowing that a knowledge of this Circumstance will
"be sufficient to enable you to get them, or Copies into your hands." — The
"certificates are in the Spanish Language, Granted by the Marquis De Casa
"Calvo, and Countersigned by the Secretary Andres Lopez de Armisto,
"having the Governors Seal affixed to them."

My Correspondent has farther informed me of an Expedition
preparing under the Cammand of Don Pedro Olive, an Officer in
the Province of Louisiana against Bowles1 with whose Character
you must assuredly be well acquainted — That the Gallies and
Gun Boats, with all the small Craft which navigate near new
Orleans and Pensacola, were to be sent upon it, with a Detach-
ment of Regular Troops — Free people of Colour, and such of the

1 Expedition against William Bowles.

200 MISSISSIPPI TERRITORIAL ARCHIVES.

Militia as could be prevailed on to March — Probably the force
including Sailors, will be about 500 Men —

Colo. Steele will transmit a Copy of Proceedings in the Exec-
utive Department of this Government for the last six months,
by Water Conveyance to expedite its arrival at Philadelphia,
and which I trust may operate as a Counterpart to any Mis-
representations which may be attempted by the indisposed of
this Country.

I have the pleasure to believe Opposition to Government
Expiring but am not yet happy enough to inform you of the
good order of the Militia — The Governours Exercising the Right
of appointing the Militia Officers, though it is acknowledged he
has Chosen some of the best Men, and that there are very few
exceptionable Characters in Commission, nevertheless is said
to be the cause of great Reluctance to be enrolled — I will again
address them upon this important service due their Country
and if possible Conciliate them to their true interests, in obedi-
ence to Laws of the Territory.

With much Respect and esteem,
I am Sir,

your very obedient

humble servant,

(signed) Winthrop Sargent.

The Honourable Secretary of State.

Address to Commanders of Legions.

1800 Jan. 1.
His Excellency the Governor, was pleased to address the
Commandants of Legions in the Words following, viz.
Gentlemen,

I had fondly flattered myself, that so obvious necessity of a
well Organized and effective Militia in the Mississippi Territory,
and the energetic Measures adopted to obtain the same would at
an early Period, have produced the due order and perfect ar-

GOVERNOR WINTHROP SARGENT. 201

rangement in the Legions of both Counties ; but 'tis with extreme
pain I learn that at this late day — fifteen Months from the
Publication of the General Regulations, and appointment of
Officers, and almost a full year, since the passing of the Militia
Law — No inconsiderable proportion of those required to be
enrolled in the Militia, Continue Obstinately to persist in absent-
ing themselves from parade and place of exercise, in Contemptu-
ous Violation of my Reiterated Injunctions, as well as the
Supreme authority of the United States, and that there is no
immediate Prospect of an Effective Military force from the In-
habitants of this Country — that the Governour Exercising the
Power of appointing the Officers is made the Ground of insupera-
ble Objection to Service with a party, who have the Management
to Counteract all the Exertions of the Commandants and well
disposed Officers, and that it has been assumed by them of late
to hold Public meetings for the avowed purpose of electing to
office and Command within the Territory.1

AProceeding so unconstitutional Gentlemen I am per-
suaded can not have received your Countenance — From your
Zeal and Duty I expect that information which will direct the
proper Measures upon such Occasions — and once more Gen-
tlemen most solemnly I call upon you for your best endeavors
to the perfect fulfilment of the Law; — In every Point of View
this is an Object of high importance to most of us — In the event
perhaps may be implicated our own Reputation and very im-
portant concerns of the Inhabitants of the Mississippi Territory,
for we are not to suppose our Nation will View with favour or
regard those who may rebel against its Powers, or Violate its
Ordinances.

Determined Systematic Opposition to sovereign Will as ex-
pressed in the Ordinances for the Government of the Missis-
sippi Territory and the Laws which have been adopted by the
Constituted Authorities, is a Crime of so very alarming a Ten-

1 There seems to have been a constant desire, on the part of the people,
to elect their militia officers. It was the law. however, that the Governor
should appoint them.

202 MISSISSIPPI TERRITORIAL ARCHIVES.

dency that I pray God this people may never Commit it, and if
there be any amongst us inconsiderate enough even to have Con-
templated with Complacency such a Measure I most earnestly
Recommend the fatal Consequences thereof to their Serious Con-
sideration— To this Moment I have Continued to declare unto
the Government my Belief, that their pleasure (as it ought)
would eventually be our guide. — From your report Gentlemen,
I am to make my further Communications — Facts, Such as they
may be, it will be my Duty to State, and I shall Conscientiously
perform it.

Assemble then your Respective Commands either in Legions,
Companies, or detachments as shall be most Convenient — let
them be informed it is to be a meeting of more than common
Concern, and endeavour to obtain the Attendance of every Man
enrolled in the Militia.

Address them Gentlemen in Language adapted to the Occa-
sion, and with that Spirit of Conciliation and Sense of Duty,
which I persuade myself governs almost every Gentleman in
Commission, Assure them of that disposition to accommodation
which I truly feel, and have uniformly expressed — that where
all the Necessary Qualifications for Office Unite in a man most
agreeable to the people, such should be my Election, but that
Responsibility being with me, and the Constitution requiring I
should appoint all Officers, I will not directly or indirectly Violate
the Trust — Express our Joint determination of Duty in full exe-
cution of the Laws, and ascertain with precision, the nature and
Magnitude of Opposition, with the names of those therein for
my immediate Government — Make me also a Complete return
of the Militia with the State of the arms &c as soon as possible.
I am,

Gentlemen,

with much Esteem,

your obedent humble servant
(Signed) Winthrop Sargent

GOVERNOR WINTHROP SARGENT. 203

The Commandants of Adams & Pickering Counties.

The Commandants of the Militia of Adams and Pickering
Counties, are earnestly requested to Cause the foregoing address
to be Communicated to the Field Officers Captains and Subalterns
of their Respective Legions without delay, from their

most obedient

humble servant,
(Signed) Winthrop Sargent

To the Justice of Court of Gen'l. Quarter Sessions.

Natchez Jany. 2d 1800
Sir

A transcript from the Records of the Court of General Quar-
ter Sessions of the peace for the County of Pickering was re-
ceived by the Governour in September last, soliciting him to
name a Place where a Courthouse and Jail shall be built for the
said County, or that he would Commission some persons for the
purpose — Stateing at the same time, the Expense necessary to
adapt One of the Buildings at the Villa Gayoso for a Prison —
In Consequence of which, he addressed the honourable Colo.
Steele the Secretary of the Territory, and until the close of the
last year, Continued to hope that, that Gentleman's health and
Public avocations might have permitted him to have made the
necessary observations for his Conduct in this Business But de-
prived for the present of that source of information, by the
Secretary's absence, and to prevent more delay — The Governor
will Commit the due investigation to the Justices of the Court
aforesaid, associated with the Commissioners under the author-
ity of the "Law directing the manner in which money shall be
raised and levied to defray the Charges which may accrue in
the several Counties" — Who are Requested to View the Country
and report to him, a Situation most proper for the Public Build-

204 MISSISSIPPI TERRITORIAL ARCHIVES.

ings, stating specially the reasons upon which they make up
their Judgment.

The Governour is however bound in duty, and by his incli-
nations to promote the interests of the people of that County,
to observe that if the Buildings and Situation of the Villa Gayoso
might be found of accommodation to the County for the Courts
of Justice &c — it is very probable they may be obtained from the
United States, at considerably less expense, than new ones
possibly can be erected.
I am Sir, with respect

your very humble servant
(Signed)

Winthrop Sargent.
The Presiding Justice of the Court of Genl. Q.
Sessions of the Peace,

Pickering County.

To Oliver Wolcott Jr.

Mississippi Territory
Natchez January 10th 1800
Sir

Upon the enclosed Petition which with the accompanying
account, and Certificate, from the Territorial Judges, I know
not otherwise how to dispose of, than submitting to your Justice,
I take leave Respectfully to Represent, that the charges made
by the Parties, could not in equity be against the Territory —
The Prisoners having been committed and the expense Conse-
quently incurred for and in behalf of the United States.

If Sir it should seem to you proper, that the account should be
allowed, and it may not be in proper Train at the Offices under
your immediate Controul, I will myself be much obliged, by your
giving it the necessary facility, and shall Embrace the first op-

GOVERNOR WINTHROP SARGENT. 205

portunity of Demonstrating gratitude by any services in my
Power.

With great Respect I have the honour to be

Sir,

Your obedient humble servant,
(Signed)

Winthrop Sargent
The Honble — Secretary of the Treasury

PROCLAMATION,

By Winthrop Sargent

Governor of the Mississippi Territory.

It having been represented unto me that the great
L. S. Inclemency of the present season, may render it very
inconvenient for the inferior Courts of Adams County
to be holden at the time which has been Prescribed, I have
thought proper to issue this my Proclamation, to postpone the
Commencement of the same for the February term to Monday
the 10th instant, when they are to be held at the place and in the
order as has been heretofore directed.

Given under my hand and the Public Seal, February the first
Anno Domini One Thousand eight Hundred, and of the Inde-
pendence of the United States of America the twentyfourth

(Signed) Winthrop Sargent
By his Excellencys Command
Peter Walker1 for

John Steele Secretary
William Williams

Keeper of the Seal —

1 Peter Walker had been a clerical assistant under the Spanish admin-
istration of Gov. Gayoso.

206 MISSISSIPPI TERRITORIAL ARCHIVES.

To Timothy Pickering.

Mississippi Territory
No. . 30- Private February the 10th— 1800—

Yesterday my Dear Sir, by Mr. Hunt I received your Private
Letter of October the 28th — of last year — but not the Public
one you had intended — Your three emphatic words upon mine
of the preceding June afford me singular satisfaction, and I
can continue to assure you, of a pleasing Consciousness, that a
Public investigation of my official Conduct, would prove very
honourable to my intentions at least. — I have so regularly added
of this People from that date, that to the present it will amply
suffice, for the information of yourself and Government.

The Provision which you advertise me the Secretary of War
Contemplates for the Choctaw Indians seems small indeed. Will
it not be eligible for me to speak to them in plain and honest
Language — "We are not under obligations to your nation — We
want not your services at present, if we should hereafter, and
they be afforded, we will pay you for them — Expect not presents
— We will however give you advice to live in peace, and to hunt
and Cultivate your Lands — if you come into our Country and
Commit Trespasses, or Capital Crimes, we will Whip, imprison,
or hang you as we would the Whites, and we will also punish
Exemplarily all aggressions upon you — Strict Justice must be
the sum of your expectations, save Bread and Beef when you
come to Visit, not live upon us — If you wage war with the
People of our Territories, we will send an armed force to your
very whigwhams — we will destroy your Fields, and little Stock,
and make Captives your Wives and Children —

Such Talk my Dear Sir, and there would at least be a Truce
to the Vain Complaints of the Indians, and our people of the
Mississippi Territory, and perhaps this line of Conduct would be
most Politic, (Certainly most Economical) but that the former
really seem at present to be very much Courted by the Spanish
Government — and in War with any European Power Whatever,

GOVERNOR WINTHROP SARGENT. 207

might in Consequence take a decided part against us — Whatever
shall Sir be signified to me as the pleasure of Government, I
will as in Duty bound faithfully Execute.

I take leave to send you the Mississippi Gazette,1 and shall
so continue to do, Requesting after Perusal, that the same may be
handed to Colo. Hodgdon.

With the most Respectful esteem
I am dear sir,

your obedient humble servant,

(signed) Winthrop Sargent
The Honourable Secretary of State of the United States —

Mississippi Territory

Proclamation,

By W i nt h r o p Sargent

Governour.

1800 Feb. 12
To all persons whom it may concern, Greeting.

Be it Known, that upon the Representation
[L.S.] of the attorney, for the United States and Territory,
that the alteration which has been directed, in the
Terms of the Inferior Courts of the County of Adams will (for
the equal administration of Justice in the County of Pickering)
Render it essential, to postpone the February sesions of the
Courts there also — and that the first Week in March will prob-
ably be of General Accommodation.

I Have thought Proper, by these presents made
Patent, to direct that the Justices of the Court of General Quarter
Sessions of the peace of said County, do hold the Court of General
Quarter Sessions of the Peace, at the Villa Gayoso, upon Monday
the third day of March next, and that the Courts of Common

1 The first newspaper published in Mississippi Territory, by Andrew
Marschalk, at Natchez.

208 MISSISSIPPI TERRITORIAL ARCHIVES.

Pleas and Probate be holden at the same place and in the rela-
tive order, as has been heretofore directed.

Given under my hand and the Public Seal, the twelfth day
of February Anno Domini One Thousand eight Hundred, and of
the Independence of the United States the twentyfourth

(signed)

Winthrop Sargent
By his Excellencys Command
Peter Walker for

John Steele Secretary
William Williams Keeper of the seal —

Passport to Indian Nations.

Upon application of the Commandant of Atakapa Province of
Louisiana that a negro and two horses Stolen and in the Chicka-
saw Nation may be Restored to the Rightful Owner, a Spanish
subject.

Natchez 24th- of Feby. 1800—

The bearer Robert Imsbram is permitted to Pass1 into the
Chickasaw Nation of Indians Conditioned that he Conforms
strictly to the Laws of the United States, and Territory — In
the Business which he has there to Negociate — the Agent of the
United States is requested by the undersigned, to afford him
such aid, as may in Policy, be due to the subject of a Power with
whom we are in Friendship, and from whom 'tis possible we
may need Civility under Exactly Similar Circumstances.

(Signed) Winthrop Sargent

The Governor has received by the hands of Ann Walton,
the notice of her being fined by the Court of General Quarter

1 For passage through the Indian Nations it was necessary to secure
a passport from the Superintendent of Indian Affairs, for which a small fee
was charged.

GOVERNOR WINTHROP SARGENT. 209

sessions of the peace of Adams County, with the Request, that
he would lesson or Remit the amount thereof; and for Reasons
which he is very willing to admit are good and sufficient, but
notwithstanding the full force of this and his very unfeigned
respect for the honourable Court; Yet as the Laws of the Terri-
tory, have absolutely appropriated all fines, either expressly or
by implication (One solitary instance only excepted) it is not
within the limits of his authority to Controul them.

Mississippi Territory February 24th. 1800 —

To James Wilkinson.

The Grove Mississippi Territory

February 27th— 1800
I have my Dear Sir to request, if Compatible with your in-
structions, or sense of propriety a renewal of those arrange-
ments, which authorise my receiving from the Provision Con-
tractor, through the medium of the official Commanding at
Natchez, Rations for the Indian Department. — Pending almost
your whole absence from the Territory, this Accommodation
has been withheld, and I have been Constrained to purchase at
the extravigant Price of the Country embarrassing to myself,
and injurious I believe, to the interests of the United States
With Respectful esteem I am,
Dear Sir,

your obedient humble servant

signed Winthrop Sargent
General James Wilkinson -

To Agents of the United States.

Natchez Mississippi Territory
February 28th. . 1800—
The agent or agents of the United States who are in the
Chickasaw Nation of Indians are specially Requested to afford

210 MISSISSIPPI TERRITORIAL ARCHIVES.

unto the Post Riders of Mr. Abijah Hunt (who has Contracted
to carry the Mail from Natchez to Knoxville) all the aid and
protection in their Power Consistent with their general Duty,
and Instructions.1

(Signed) Winthrop Sargent
Governour —

To Timothy Pickering.

No. 31- Natchez Mississippi Territory

March 1st- 1800—
Sir

I was honoured with your Public Letter of November 14th —
upon the 23. Ult. by General Wilkinson, who had arrived upon the
preceding day —

I shall sir upon your suggestion, seek an opportunity (with as
little expense as possible) to prevail upon the Chickasaw Indians,
to suffer such establishments within their Country, as may facili-
tate and secure the Mails, but I am inclined to believe, they will
not very readily permit the settlement of white people amongst
them —

The "intire satisfaction" of the President at the Contents of
my Letters of July the 17th — August the 7th — and the Unoffi-
cial one of June the 25th — which you have so obligingly Com-
municated to me is highly gratifying — if the most unremitted
endeavours at Rectitude in Public life, might insure the Just
Return I would fondly promise myself to the close thereof the
great Reward of perfect Approbation.

In my Letter of December 29th . . No 29 — I continued the in-
formation Relative to the Visits of the Choctaws at Orleans, the
Measures I had taken thereupon, and the assurances of the Gov-
ernour. I sent forward a duplicate of this letter believing it of
moment, and must Conclude therefore, that one of them may

1 First contract for carrying the mails in Mississippi Territory.

GOVERNOR WINTHROP SARGENT. 211

have reached you. Upon the 20th — of February Colo. McKee
wrote me upon the subject as follows —

"On the 15th — Ult Todohamo a Confidential Chief, whom I had en-
gaged to attend the Conference at Orleans, Returned to the lower Choc-
taws, of which District he is a Principal Chief, and informed me, that no
bad advices was given to the Chactaws, by the officers of his Catholic
Majesty.

Favre the Interpreter was the only Public Character that saw the
Chiefs, and he informed them that Governour Gayoso's Successor had not
arrived, and Consequently there was no person authorized to talk with
Red people but himself — That he had some presents for them, and to in-
form them, that if they would return in the spring, when the leaves were
about half grown, they would receive much larger presents, and meet a
man authorized to Talk with them; He told them that the Spaniards and
Americans are now at peace, but are like two Traders in the same Town
in their Nation, who are struggling who can get the most Skins — when they
meet the (they) Speak to each other, and behave with seeming friendship,
though there is still a sourness in their hearts and in his most, who has the
Smallest share of the Trade, — In Explanation he Told them the greatest
sourness was at present in the hearts of the Spaniards" — "larger presents
I am informed, have not been made by the Spanish Government, since the
Reduction of Pensacola ' — What object it can have in View, I can not Con-
jecture— through the Indians I have no Clue to the Mystery — I am Con-
fident however that such presents were not made and greater promises
for Ordinary Objects — Bowles's2 landing in East Florida can not be the
original Motive of the Invitation which must have issued from Orleans in
September, as it reached the nation as well as my Recollection serves the
20th — of October.

I have engaged Totohamo, in whose truth and Correctness I have the
fullest Confidence, to attend the approaching Conference in the Spring,
who with another very principal Chief whom I will engage to accompany
him will be able in event of bad Counsel being given the Indians, to pre-
vent them from embracing it —

This is the whole of the Colonels Communications to me,
and I can not but express my doubts, whilst I transmit the same,
of the influence of his Confidential Chiefs, to Counteract the
Machinations of the Spaniards, aided by the large presents, their
custom it seems to make to the Choctaws — Always poor, but at
this time more than ever needy — and forgive me sir, for asking
if it it be Just to deprive this distressed people (as wanting all the

1 Referring to the capture of Pensacola by Galvez, May 10, 1781.

* William Augustus Bowles, a native of Maryland, who joined the British
against his countrymen in 1776. He deserted, went to the Creek Nation,
where he became very influential, and married a Creek woman.

212 MISSISSIPPI TERRITORIAL ARCHIVES.

necessities of life) of the Charity of the Spaniards, whilst we
continue totally to neglect them — My line of Conduct however
will be to keep the Marquis1 indirectly advertised of the Public
Sin, and the Train of evils which may be the Consequence of
his Communication with our Indians — til I am better advised
or instructed from Government — Some sufficient annual Pres-
ents or Trading houses under due order, or both probably would
be of National advantage — but I forbear to be urgent — I anx-
iously desire however to be informed, how I am to talk to these
people, who make no end or Measure to their Solicitations for the
Bounty of the United States. —

I wish also to be instructed for my Conduct towards those
people, Squatting or establishing themselves upon the Public
Lands my Pointed Proclamation of October 4th- 1798 — not-
withstanding— their number is not inconsiderable, and I am
sorry to add, I believe day (daily) increasing — I have forborne
any Measures in this Business hoping sir Counsel from your
better Judgment either by Public or Private Communications
the Prohibition having been submitted long since, by a Duplicate
of the Secretary's dispatches — a degree of Odium would no doubt
attach to me, from removing the intruders, but the will of Gov-
ernment (as it ought) shall be my guide —

With most respectful Consideration
I have the honour to be Sir,

your obedient humble servant

Signed Winthrop Sargent.

The Honourable Secretary of State —

1 Marquis de Casa Calvo, Spanish Governor of Louisiana.

GOVERNOR WINTHROP SARGENT. 213

To Burd Grubb.1

Mississippi Territory
March 1st 1800—
Sir

In order to give facility and better secure the Mail Con-
tracted to be carried from this to Knoxville it is a Matter
very much to be wished, that there were establishments at proper
distances upon the Way, — say, at the termination of every forty
or fifty miles, or such days Journies as the Post Rider usually
makes, and immediately upon the banks of the deep or unforda-
ble Waters — whether establishments are made by white men
or the most civilized of the Chickasaw Indians perhaps is im-
material— the latter probably will not make them, but if their
consent could readily be had, I have no doubt white men might
be induced to accomplish this object — for in addition to
those advantages which they would derive from Accommo-
dating the Travellers (by report not of inconsiderable number)
they might in Certain situations, well enough adapted for the two
purposes, enjoy Considerable Benefit from a Trade useful also
to the Indians — It would on my part be made an indispensible
Condition for permitting Residence in the Nation that ample
Provisions of Forage &c should always be supplied to the Post
Riders.

The object of making this address to you sir, is for your en-
deavour to facilitate the Business — To sound the Indians there-
upon and if possible to produce from them a proposition in Point
— Indian honour in such infliction of the Measure, would be
pledged for the aid perhaps we can not well do without — to
solicit ourselves, might awake those Jealousies which I am truly
sorry to say, have so often been enough founded by our Country-
men, but in the present Case, I pourtray honestly all may (my)
motives. I write you upon this Occasion from Faith, that neither
Major Lewis, or any Public Agent, is at present with the Chicka-

1 Grubb seems to have been Sargent's confidential agent in the Chicka-
saw Nation.

214 MISSISSIPPI TERRITORIAL ARCHIVES.

saws and from high Confidence in your attachment to the Gov-
ernment, as well as general Intelligence and fitness to manage
this Business — established in my mind, by your friends Messrs.
Harding and Duncan —

Should the Major be in the Nation you will see the propriety
of shewing him this letter and asking in my name his Counte-
nance and Cooperation, and be pleased to offer unto him my
Compliments.

With wishes for your health and happiness, I am sir,

Your humble servant
(Signed) Winthrop Sargent
Mr. Burd Grubb-

Residing in the Chickasaw Nation
of Indians. —

To James Wilkinson.

Mississippi Territory
The Grove near Natchez March 10
Sir

In the Communications you obligingly made me upon the
first instant, I read with much satisfaction for myself and the
poor Indians that as superintendent of their affairs, I should be
indulged in giving them provisions from the Public Magazines,
and assured of your disposition to Modify this Business to our
Convenience — I had flattered myself to be rid of all that em-
barrassment, which I have so much experienced, under the ad-
ministration of your subordinate officers, during your absence
from the Territory, by their denying this Accommodation, and
the Consequent Constraint to make my Purchases in the Town
of Natchez at the uncertainty of reembursement, and without
Funds for such purpose — But informed this Morning of the
withdrawing the Troops from the Town, and with them the
Means of Carrying into effect, your and the intentions of Govern-
ment, I delay not to ask from you, some immediate suitable ar-

GOVERNOR WINTHROP SARGENT. 215

rangement, that I may have it in my Power Occasionally to sup-
ply those people with Beef and Bread, without more distressing
my own Fortunes, or the Risque of accumulating expense to the
United States.

I forbear to urge the uses of Continuing a small Garrison at
Natchez — that the Indians do and will persist to Visit there in
Numbers — that they are often in a State of intoxication — that
they will be fed from the Planters and Inhabitants, already
loudly and Justly Complaining from this Cause (should Govern-
ment deny Provision) all this and the evils which might possibly
ensue under the present apparent disposition, must be obvious to
your mind without Comment ; and I persuade myself I have only
to ask for such arrangement as your Judgment shall believe
sufficiently meet

With very Respectful Consideration

I have the honour &c —

signed Winthrop Sargent.

General James Wilkinson.

To James Wilkinson.

The Grove Evening of
Mar 17th— 1800.
Sir,

I return thanks for your Promptitude in the arrangement to
supply the Indians with Provisions at Natchez — Which I trust
may be of national Benefit, and as it appears the extent of your
means, I forbear to further urge — The Embarrassments noticed
in my leter of the 10th — Instant arose (if I mistake not) as
therein expressed, from suspension of the accommodation you
had long since made, and now Virtually Renewed — They origi-
nated under the Command of Major Hersey, in instructions to
Lieutenant Marschalk of Fort Sargent, Prohibitory in his Opin-
ion to Supplying the Indians with Provisions upon request of the

216 MISSISSIPPI TERRITORIAL ARCHIVES.

Superintendent — Were Continued by Lieutenant Scott after
Major Cushing tooke the Command — which Constrained me
sometimes to purchase upon Terms, disadvantageous to the
United States — but oftener to deny those people altogether,
having within myself no possible Means of Supply.

I make this statement Sir, at your special desire, and sub-
mit it to your better Judgment, whether it may not be as well,
to pass over the subject without formal enquiry — Your order of
the first instant, and Provision of this day, being enough perhaps
to guard against the return of such Evils —

I feel anxious to Contribute all in my Power to the Public
good, and shall not a moment hesitate in any means to promote
the same; I have made unto you some Communications unoffi-
cially to this End, which if you believe essential shall be offered
in due form.

I am &c

Signed Winthrop Sargent —

General James Wilkinson

To Daniel Clark —

Mississippi Territory
The Grove March 23d 1800
Sir

By the Muster Rolls of Captains Ellis Collins and Kenner,
and the Letter of Major Ellis accompanying yours of the 21st
instant, it appears there has not as yet been the due attention
to my order of the first of January of the present year — those
Rolls give me not information of the State of the Arms in the
Companies, and except in Captain Collins's Command the excess
of absence remains unaccounted for — I am not yet absolutely Con-
strained to make to the General Government that declaration
which may eventually operate so seriously to this people that
they will not yield obedience to the Militia Law, though from
appearance to this Moment (with extreme pain I say it) they
certainly have not.

GOVERNOR WINTHROP SARGENT. 217

If Sir your health may without to much hazard permit, I
shall be specially anxious that you Continue in the Command
of the Militia of Adams County at least until you are sufficiently
informed to make me official Statements whereon to form my
full report to Government — the astonishing reluctance to serv-
ice which you mention and the lack of emulation amongst our
Officers, I can not admit as sufficient Cause for Resignation, or
indeed aught but very ill health, which I pray God you may
never have Occasion to offer, for most assuredly you will ac-
knowledge the propriety — the absolute Necessity of a Militia
within the Territory, and my Duty Consequent thereupon to have
in Command the person best adapted to effect this important
purpose — Confirmed in my own opinion of your intelligence,
Integrity, and the Requisites for Military Service, by some of
the most Respectable Characters of our Government, I Commis-
sioned you as the Lieutenant Colonel Commandant of the Militia
of Adams County: and it is Justice to observe, that under all
the discouragements to exertion, which I can bear Witness have
been many and great, you have Uniformly manifested such laudi-
ble zeal, and attachment to service, as well as the Government
of the United States and Territory, that I believe very essential
to the Public Good you should Continue in Militery as well as Civil
Commission

With very Respectful esteem
I am Sir

your obedient humble servant

Signed Winthrop Sargent —

Lieutenant Col. Daniel Clarke —

To Daniel Clark,

The Grove, March 27th 1800
Dear Sir

I delay Mr. Kein but to acknowledge the Receipt of your
second Letter announcing the actual necessity of your Resigning

218 MISSISSIPPI TERRITORIAL ARCHIVES.

the Command of the Militia of Adams County, and to express
most unfeigned Regret that any Cause, but more especially "ill
and daily declining state of health" should deprive the Territory
of an Officer whose abilities and zeal, I have Continued to honour,
and from whose services, I had promised myself the fullest exer-
tion, to the Complete Organization and efficiency of the Militia.

I accept sir your Resignation and am with very much esteem
and Respect &c &c

Signed Winthrop Sargent

Daniel Clarke Esquire —

To John Minor.

The Grove Evening
gir of April 3d. 1800

From your note of this date, I write what I have verbally
expressed to you, and I believe also to Mrs Minor, that the Major
at or about the time of his leaving this Country, offered to sell
Cesar x to me for the sum of three Hundred Dollars, or to Con-
tinue him in Public Service, under my direction, and during my
pleasure, with such pay as I might deem adequate Compensation
He Sir, made no Stipulation for 30 Dollars per month, or indeed
any sum whatever and my Estimate to the Department of State
for Cesars Services, is but the Moity of your Expectation.

I am desirous of Promoting Major Minors interest, and fully
satisfied, that when we meet, there will be no difference of senti-
ment upon this Business.

At present Public Service seems to Render it essential that
Cesar should Remain Subject to my Order — On this Condi-
tion Sir you may draw upon me in behalf of the Major, for the
sum of three Hundred Dollars
I am with esteem &c your

Obt. humble Svt Winthrop Sargent

Mr. John Minor- —

'A negro slave, the property of Major Stephen Minor, who had been
employed by Gov. Sargent as an interpreter in his dealings with the Indians.

GOVERNOR WINTHROP SARGENT. 219

To Peter Bryan Bruin.

The Grove Natchez
April 8th 1800.
Sir

The object of this Letter is to Request of your Honour, En-
quiry into the Proceedings of the Justices of the Courts of Com-
mon Pleas, and General Quarter Sessions of the peace of Pick-
ering County, in Consequence of my Proclamation of the 12th of
February directing and Requiring that their Sessions which in
Common Order would have been held in the third Week of that
Month, should be postponed to the first Week in the ensuing
March — so as to Correctly ascertain if that Proclamation was
made known to the Presiding or any other of the said Justices,
seasonably to have obtained the due attention — as also into the
nature and probable Tendency of Certain Language, said to have
been uttered to the Court of Quarter Sessions of the peace, by
Mr. Robert Knox a Member of the Bar, and Represented unto
me, as "Inflammatory and Seditious.

I should believe sir, that the Testimony of the Sheriff and
Clerk would be in Point, and enough, and it would be agreeable
to me that the same should be made upon Oath and in the pres-
ence of the Presididing Justices who has written to me on a part
of the Premisis (which I enclose) but which I am a little at a
loss to determine whether meant as apology or insult —

I enclose you also the Statement made unto me, by the At-
torney General — Requesting this and Mr Dixons Letter may be
returned and have the honour to be
With Respectful esteem —

your honours obedient humble servant

(signed) Winthrop Sargent

Honourable Judge Bruin.

220 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Wilkinson.

Mississippi Territory
The Grove near Natchez
April 8th 1800—
Sir

Public service will probably require, that I should Visit the
Tombeckbee Settlements immediately — I am not yet enough
informed to determine the safest, and most Expeditious Route,
but at present it seems eligible that I should proceed by Land —
and through the Indian Country — May I sir Calculate upon an
escort from the Troops under your Command and the Means of
Transporting Baggage abslutely necessary for such a Journey
from the Quarter Masters Department, together with the use of
a Tent.

With Respectful Consideration and
Regard I have the honour to be sir,

your obedient humble servant

(signed) Winthrop Sargent
His Excellency

General James Wilkinson

To Lyman Harding,1 Atty. for the United States.

The Grove near Natchez
Mississippi Territory
April 9th- 1800—
Sir

It is encumbent upon me to call your Particular and im-
mediate attention to service for the United States, in my View
at this Juncture, highly important to National Dignity and In-
terests and specially essenial to the safety and Welfare of the
Good people of this Territory — 'Tis legally to Effect the Resto-
ration to my Order for the Use of Government, of an Indian
Interpreter who has been forcibly withdrawn from his Duty,
'Lyman Harding, first Attorney-General of Mississippi Territory.

GOVERNOR WINTHROP SARGENT. 221

by a Mr. John Minor and a Mr. Nolan * now Residing within
this Territory and in direct Violation of express stipulation
Verbally made with his Master, by myself in behalf of the United
States: your application will no doubt be to one of the Terri-
Territorial Judges and that you may urge sir upon the indispensi-
ble necessity for this Measure, that causes of Mutual Complaint
and Crimination are almost every day arising between the White
and Red people, absolutely Requiring the services of an Interpre-
ter for amicable adjustment — and that I am not authorized to
employ any other than the one I demand Indeed that I know
of no other adequate to the purpose who could be engaged, and
that from his detention therefore, will probably accrue very
serious and alarming Consequences — His name is Cesar, He was
placed under my direction, in the service of the United States,
in the October of 1798 — by Mrs — Minor, her husband (his
Master) being then absent, and upon his return very soon after,
I Received from him positive assurance that he should Continue
in Public Service during my pleasure, for a Compensation which
he fully submitted to me to name, and which I fixed at fifteen
Dollars per Month — the highest Wages I had known to have been
given to a Prime slave, and made my Report to the proper De-
partment Accordingly — To all which, I am ready to make sol-
emn Oath.

With much esteem I am, Sir,
your obedient

humble servant

Signed Winthrop Sargent
Mr. Harding Attorney

for the United States and Mississippi Territory

Postscript to the foregoing

April 11th — Evening —

I open this Letter sir, to add through you for the information
of the Judges, that from an affray between some Indians and
White people, death will probably ensue to one of the former,

1 Philip Nolan, a protege of Gen. Wilkinson.

222 MISSISSIPPI TERRITORIAL ARCHIVES.

who are now numerous in the Country and threaten Vengeance
— My interference can not be made for want of an Interpreter —

To James Wilkinson.

April 10th— 1800—

The Governour Acknowledges with thanks General Wilkin-
sons proffer to postpone the Funeral Honours ordered by the Pres-
ident of the United States to be paid for the very eminent Serv-
ices of its Revered Chieftain deceased1 — The day proposed is as
Convenient to the Governour, as any other which might be named,
though the place and embarrassments to its approach, with the
impracticability of there accommodating the Militia, and other
Citizens whose Love and Gratitude might ensure attendance
would induce solicitation that the ground of Ceremonial on this
Occasion of General Sorrow, might be more equally Convenient
to every feeling heart within this Territory, but that he believes
the intention of Government as it relates to this people, has been
substantially fulfilled ; for upon the late anniversary of that pro-
pitious day, which gave birth to the so illustrious deceased, a
procession of the Militia, and Unarmed Citizens was made to
the Church at Natchez — Minute Guns were fired from the Fort —
They were Joined by the Regular Troops, and Together Mingled
their Tears.

General James Wilkinson —

To William Vousdan.

6.0 Clock. Morning
of the 12th- of April 1800
Sir

Your information of the Unfortunate affray of yesterday
Morning is to me particularly distressing at this Moment, for

George Washington.

GOVERNOR WINTHROP SARGENT. 223

I am without an Interpreter, and can not therefore take any
direct Means at present, to oppose the Resentments of the
Indians — Your proceeding with Respect to Jones, I hope may
have the Effect, so fully to illustrate this Matter, that hereafter
I may formally state to the Indians, some Extenuating Circum-
stances which the bearer Represents, and Mollify their Resent-
ments for the Death which may ensue — I wish Depositions in
due form to be taken, and furnished me, and perhaps it may be
well to call to your assistance some other Magistrate, as the
Event may involve National Consequences.

I pray of you and every Magistrate, and Good Citizen, that
Effectual exertion may be made to bring to Justice those people
who Violate the Laws " to prevent supplying the Indians With
ardent Spirits."

I have the honour &c &c-

( signed) Winthrop Sargent —

William Vousdan Esquire

To Mr. King.

Natchez Thursday
Noon of April 17th— 1800
Sir

I learn this Moment with extreme sorrow and much appre-
hension for our Inhabitants, knowing the Savage Disposition to
Retaliation that the poor Indian Wounded on the 11th- will die —
I am without an Interpreter, and therefore can not Talk with
those people, but informed that you in some Measure Communi-
catee— I have to desire you would assure them that the man Com-
mitting this act is in Prison and in Irons, and make them Com-
prehend, that he will Receive a very solemn and formal Trial —
I wish to know where the Indian is at present, and the exact
state of his Wounds, and to make arrangements for burying him
if he should die — if you could find it Convenient to ride to this
place I should be glad to Converse with you — I will give a Talk

224 MISSISSIPPI TERRITORIAL ARCHIVES.

to the Chiefs most interested in this unfortunate Business, if

I can by any means whatever make myself understood —

I am Sir

your most obedient humble servant

(signed) Winthrop Sargent
Mr. King- near Natchez

From the Governour.

Notice is hereby communicated to the Honourable the
Territorial Judges, of his intention to Convene them in their
legislative Capacity at the Government House Natchez 9- 0 Clock
A.M. upon Monday the fifth of May next ensuing —

Thursday Apl. 17th— 1800
Witness Peter Walker
for
John Steele Secretary —

To John Girault.

Natchez April 17th— 1800
Sir

The absence of Colo. Steele has prevented in some Measure
the early attention to those Commissions you allude to but they
will not much longer be neglected.

I pretend not to any Controul over the Records of the Court —
It seems to me they should be as Convenient as practicable to
the place of sitting — I believe your apprehension of the Eject-
ment of the United States soon, or ever, is not well founded.
With much esteem I am
Sir

your humble servant

(signed) Winthrop Sargent
Colo. John Girault

Pickering County —

GOVERNOR WINTHROP SARGENT. 225

To James Wilkinson.

Mississippi Territory
The Grove April 19th.. 1800—

Yesterday Sir I was honoured with your letter of the 12th . .
instant upon the subject of a demand for two Spanish deserters
&c- which I shall take the very earliest opportunity of laying
before the Secretary of State, to receive the Orders of Gov-
ernment thereupon, without which I dare not take any Measures,
that might be Construed into an attempt to affect the National
Right or intention of general or particular asylum — In all Con-
stitutional endeavours I am I assure you most promptly at your
service, and extremely Regret the want of Power to order the
instant surrender of those so abandoned Men.

Major Cushing's long letter, which you have thought proper
to enclose me, I have hastily run over — I know not if any obser-
vations thereupon from me are expected — The present pro-
vision, founded upon my embarrassments, and declarations there-
of, I trust will be enough for the future, which was all I had to
request, and I pray that no " Misunderstanding or informality"
of mine, may ever deprive the Public of the Benefit thereof. —

The Message which it seems was intended me by the Major
through Mr. Brownson, I have no recollection ever to have Re-
ceived— and I should take shame to myself for any lack of at-
tention or honour to the Major, or any other Officer Civil or
Military, with whom I must Necessarily Negociate — and sooner
than permit public interests to suffer would at any time Conde-
scend to solicit from a Constable or Corporal — Ignorant of
army detail, and the Majors General Orders, I have it seems
Erroniously addressed provision Returns to Fort Sargent in-
stead of Mulberry Vale, to my own embarrassment and Public
injury — If hereafter I should so again chance to Err, National
Considerations will I hope induce that I be put Right as imme-
diately as possible.

As you are sir, so soon to leave the Territory, I take this
Occasion to Solicit, that the officer who may be left in Command

226 MISSISSIPPI TERRITORIAL ARCHIVES.

receive your instructions to furnish arms and ammunition for
the Militia upon my application, which will be made only on great
emergency — They are almost totally destitute, and it seems prob-
able, that their Military Services may be required — Our situa-
tion at present is more than a little alarming and it is unneces-
sary for me to observe to you upon the present Disposition of the
Savages, or that they have become much more assuming and In-
solent since the evacuation of the Posts above — by one of your
Officers I am very Credibly informed they have menaced to kill
the Cattle of the Inhabitants at the Walnut hills, and to burn the
Buildings. If sir it was within your Power, to establish two or
three small Posts upon the Frontier of this Territory, near the
Grindstone Ford upon the Bayou Peirre, and other General Ave-
nues for the Indians, and you would exercise such power, it might
ensure quiet, and Confidence for the Inhabitants, and avert a
War Ruinous to all the Agricultural Interests of the Mississippi
Territory with the Evil of most enormous Expense to the Nation.
I have the honour to be with Respectful Consideration
Sir,

your obedt. hmble servant

(Signed) Winthrop Sargent
General James Wilkinson

To Captain Smith and his Officers.

The Governour Replies to the Notice of Resignation from
Captain Smith and his Officers which he has Just now received,
that the same must be made through sub-Legionary to the County
Commandants, in order that those officers may at all times be
informed of the state of their Corps — The ill and declining
State of Colo. Clarks health, having deprived the County of his
services, Major Osmun is the senior officer.

GOVERNOR WINTHROP SARGENT. 227

With these Observations the Governour sends back the Com-
missions, wishing to Captain Smith and his Officers, much health
and prosperity.

The Grove Evening of April 21st. . 1800

Deposition of Gov. Sargent.

April 21st . . 1800- Natchez.

Winthrop sargent Deposeth that Cesar a Black man, and
slave of Major Stephen Minor was taken into the service of the
United States under his order by permission of Mrs. Minor in
the October of 1798, the Major being then absent, and that it
was understood to the best of his Recollection that the said In-
terpreter, was to Receive, or Rather his Master for him, equal
Wages to any that were then given to Slaves within the Missis-
sippi Territory.

That soon after upon the return of Major Minor the De-
ponent proposed to him, some stipulation for Cesars Services,
when the Major of his own free will and accord proffered to
sell him to the Deponent for the sum of three hundred Dollars
or Continue him in the service of the United States, at such
wages as he the said Deponent might think adequate Compen-
sation for his services — Adding to the Deponent that if he should
not incline to purchase him, he requested he would Continue
him in the Public Service, as long as he Could and obtain lor him
as high Wages as he believed him to deserve — In Consequence
of Which the Deponent has actually reported him to the Secre-
tary of the War Department as the slave of the said Major Minor,
and engaged as Indian Interpreter for the sum of fifteen Dollars
per month and to be Continued such during the pleasure of the
Secretary — the Wages at the Time they were fixed by the De-
ponent, being equal or more than any he had ever known to have
been given for a Prime Slave within the Mississippi Territory;
for if his information be Correct from such sum was always

228 MISSISSIPPI TERRITORIAL ARCHIVES.

subtracted under the Spanish Government a Certain part for
subsistance.

The above agreement has been long since reported to the
Concerned at present within the Territory and permission given
to draw upon the Deponent on account of Cesars Services.

(Signed) Winthrop Sargent —

Appointment of Militia Officers.

His Excellency the Governor was pleased to make Promotions
and Appointments in the Militia of the County of Pickering as
follows viz —

Captain William Thomas, to be Major of Cavalry

Lieutenant James Truly to be Captain

Cornet James Spane to be Lieutenant,

and Mr. Jacob Stampley to be Cornet of Cavalry.

Thomas White senior to be Captain

William Smith of Baie Peirre Lieutenant

and James Arbuthnot Ensign of Infantry at Baie Peirre —

Moses Bonner Ensign in Lieu of William Collins resigned

To each of whom according to their Several Grades he issued
a Commission in the usual form, and dated the 23d. of April 1800.

He was also pleased to appoint and Commission in the usual
form John Hinds a Justice of the peace for the County of Pick-
ering, bearing date the 23d of April 1800.

He was also pleased to appoint Jesse Harper Esquire Coroner
for the County of Pickering to whom he granted a Commission
in the usual form dated the 23d. of April 1800 —

To John Minor.

Mississippi Territory
The Grove April 27th.. 1800
In Consequence of Mr. Minors note Received last Evening
the Governour observes to him, that from the Circumstance of

GOVERNOR WINTHROP SARGENT. 229

Cesar's (the Interpreter) being forced from the service of the
United States, to much probable Public damage, it is impossible
for him to say, that Government will ever pay for him the Wages
proposed in the said note or indeed any — It is possible they may
order some Measures unpleasant to the Concerned to be taken
upon this Occasion — All that the Governour can do, is to give
a Certificate of Time of service, which with a Relative Statement
of Facts, shall be transmitted to the proper Department in Phila-
delphia where Major Minor himself will probably meet it, and
have it in his Power to adjust the Business.

To John Girault.

Private

Mississippi Territory

The Grove April 27th.. 1800
The Governour has received and acted almost intirely from
Colo. Giraults Recommendations in present appointments, (Com-
missions upon which are enclosed) and desires if he be not fully
satisfied of the fitness of any one Character, that he would with-
hold the Commission — What is Mr. Bonners Reputation? have
there not gone abroad evil reports of him? if so, it should suffi-
ciently appear they have no foundation in Facts, or he must
not be Commissioned.
Col John Girault.

Pickering County —

Address to Territorial Judges.

His Excellency the Governor delivered to the Honourable
Territorial Judges when Convened in their Legislative Capacity
an address in the following words Viz.1

1 This Is probably the first message to the law-making power of Mis-
sissippi Territory.

230 MISSISSIPPI TERRITORIAL ARCHIVES.

To the Honourable Judges of the

Mississippi Territory.
Gentlemen,

The opportunity you have had for practical Knowledge of
the effect of the Laws which we have adopted and made, will
best determine you upon the necessity of addition, repeal, or
amendment; in which, and in every measure salutary to the
quiet and Welfare of the Territory, and not incompatible with
our official Duty, I trust we shall very Cordially Unite.

Amongst the Laws which we have already adopted and Pub-
lished two only ( in my View) can by any Torture of Construction
seem to Militate with the Constitution and Laws of the United
States. Treason as a Crime tending, probably, to involve more
fatal Consequences upon this Frontier, than in almost any other
part of the Union, should Certainly be guarded against by the
most energetic Constitutional Measures ; but the very appearance
of others (though persuaded they would be null in your Judicial
Decisions) I am anxious should be Expunged from our statutes.1
I am inexpressibly pained and Candidly I make the acknowledge-
ment, that we have unintentionally, Committed ourselves in such
appearance — I say unintentionally, because I am persuaded it
was your meaning, as it was mine, to have perfectly accorded
with that Standard, which it is our duty to revere. Whether this
Error has originated in ourselves, or in transcribing, Responsi-
bility is with us: and the only amends in our Power, are im-
mediately to Repeal so much of the Law to provide against
Treason, and Arson, as might be deemed to extend " forfeitures"
beyond the lives of persons attainted.

I take the Occasion Gentlemen of our present meeting, to
lay before you several addresses from sundry Inhabitants of the
Territory to the Governour, and to the Governour and Judges,
upon the administration of this Government, by the Executive,

1 The statute against treason was in conflict with the Constitution of
the United States, in that, it provided forfeiture of blood and estate as a
penalty.

GOVERNOR WINTHROP SARGENT. 231

and Legislature, as it relates to the Executive I have taken upon
myself Responsibility; and the reply of the Legislature as it
was made in the absence, and of Course, without the express
Concurrence of one of your honours, is at this time again submit-
ted for such further Notice as may be deemed meet. The Ques-
tion made by these addresses of our Right to frame Laws, which
they unadvisedly assert we have done in all cases, has not effected
any alteration in my sentiment, and having never been otherwise
instructed, I shall not hesitate in Concurring to make any salu-
tary Laws; though from a Disposition to accommodate, I would
prefer exact adoption from any of the original state whenever
such provision might sufficiently apply.

Since the last meeting of the Legislature, I have received
the Laws of new Hampshire, North Carolina and Kentucky, and
in July of 1799 a Volume from Connecticut and Virginia, but of
very old date; all which I have the honour now to lay before
you. From the Cursory View thereof, which my many avoca-
tions have as yet permitted, I cannot pretend to Recommend for
adoption any particular Statute; though my own Observation, and
the Experience of some of the best informed people of the Country
go to prove Legislative provision in sundry matters of Moment at
this Time very essential.

The Laws to prevent furnishing ardent Spirits and intoxicat-
ing Liquors to Indians and Slaves have not been found sufficient
— Consequences ensue of a very alarming Nature: and unless
we may apply an immediate remedy, it is more than probable
this Country will very soon be involved in an Indian War, for the
frequent affrays which happen and the Violence thereof are Mat-
ters of Notoriety.

The Militia of the Territory seem to require, more Compul-
sory Measures for efficiency, in relation to Commissioned Offi-
cers, as well as privates than have been yet adopted.

Some Provision has been earnestly solicited that Lands should
be made liable to satisfy Just debts, where there is no other
visible property.

232 MISSISSIPPI TERRITORIAL ARCHIVES.

We are requested to prohibit by Law, the Slaves within the
Territory from raising or Vending of Cotton, which is permitted
by some few Planters to the probable injury of most of them:
for it is urged, and with truth that this kind of Property, will
necessarily always be exposed to theft, which if slaves shall be-
come dealers in Cotton, it will be impossible to guard against.
As Connected immediately with this subject, and promoting im-
proper intercourse between the Negroes and those who may be
disposed to engage with them in illicit traffic, I submit to your
honours the propriety of further Provision against Slaves hold-
ing property in horses, by a sufficient penalty upon the Masters,
or owners who shall knowingly permit it.

Thus Gentlemen I have taken leave in that order of impor-
tance, which they seem to present to my mind, to state to your
honours some matters demanding your attention as Legislators :
and hope to receive from you such Communications the Result of
your Judicial Experience that we may be duly qualified in this
important Duty.

It is encumbent on me Gentlemen also at this time to state
to you that the Justices in the County of Pickering have held
the inferior Courts of the last Term contrary to Law; as an act
to legalize proceedings therein, so far as to restore the due order
of process in those Courts may be deemed most meet, I submit to
you for further information upon this subject a Letter from the
Attorney of the United States and Territory upon the necessity
of postponing the session for the due administration of Justice —
My Consequent Proclamation — a Certified Copy of the Records
of proceeding of the Justices — a Letter to the Honourable Judge
Bruin — and'some depositions made before his honour.

(Signed) Winthrop Sargent

Natchez May 5th— 1800.

GOVERNOR WINTHROP SARGENT. 233

To Samuel Dexter.

Mississippi Territory
May 14th- 1800.
Sir

In August of 1799 I communicated to you my sentiments
upon the absolute Necessity of keeping an Indian Interpreter in
Constant pay (which Events of almost every day abundantly
Justify) and that in Conformity to that rigid Economy pre-
scribed me, I had employed a Slave of Major Minors sufficiently
Competent in ability, and to be Continued during your pleasure
at fifteen dollars per Month — At that time and to the present,
One other fit Character only, has been in my View — his services
are uncertain, and if to be obtained, would probably be estimated
at a very high rate, but under the sufferings of this people from
an host of Indians always preying upon, and sometimes insult-
ing them, and being without an Interpreter, I may find it expe-
dient to demand them, for which and the Compensation Govern-
ment will admit, I make my application to you sir for instruction.

The Negro Interpreter has been taken from his Duty, by a
Mr. Nolan1 a dealer in horses who means to use him for their
safe passage through the Indian Country to Kentucky — ; a Mr.
John Minor acting as attorney for his Brother the Major having
sold him for such purpose, in Violation of his Brothers parol en-
gagement, that he should Continue under my direction as Indian
Interpreter during the pleasure of Government. An essay was
made to detain him, by application to one of the Territorial
Judges through the Attorney for the Territory, but has been
ineffectual. More energetic Measures might perhaps have been
Justifiable upon the Occasion, but from the present apparent
disposition of this people, were deemed inexpedient — To Judicial
decision I owe, and have yielded Respectful obedience, though I
cannot sacrific the Faith, that Law Necessity, and our particular
Constitution might have amply Warranted this Interpreters hav-
ing been instantly Remanded to public Duty.

'Philip Nolan.

234 MISSISSIPPI TERRITORIAL ARCHIVES.

A demand has been made for thirty Dollars per month for his
services, an imposition upon the Public I could not suffer, and
in Consequence an Action is Commenced against me, as for a
Private Contract in the Court of Common Pleas, Adams County
Mississippi Territory, where 'tis more than probable, interest
and local Policy, may influence unduly — Is it not Proper Sir,
that this Matter should be removed to the Supreme Court of the
United States, they Certainly being a party. Will you be pleased
to submit the same to the Attorney General, and if such should
be his opinion, transmit to tljis Country, the proper precepts —
Much more sir depends upon this Question of Jurisdiction than
what is immediately involved in the subject now before you.

I take leave for the more full information of the Attorney
General and yourself in the Business to enclose Sunday papers
in relation thereto.

No. 1 is a Letter from Mr. John Minor stating that he should
sell the Interpreter, provided I would not engage him for one
year at thirty Dollars per Month, although I had some Considera-
ble time before advertised him of Valuing his Services at fifteen
only, to which he then made no objection.

No. 2 My Response.

No. 3. Notice of having sold him, and desiring I should deliver
him up, in Consequence of Which, I called upon him, stated the
importance of his Remaining in service — That I would make any
representation he might ask to the secretary of War, for increase
of his Wages, or to obtain his dismission, if that was most agree-
able, but that I should not willingly suffer his Departure without
the Secretary's leave — having reported him in Public Service
and was given to understand, that endeavours should be made to
Continue him to my order and Governments use —

No. 4 Mr. Minors letter handed me by the Mr. Nolan before
mentioned, who ordered and took away the Interpreter.

No. 5. My Letter to the Attorney for the United States and
Territory within this Government and a deposition subscribed,

GOVERNOR WINTHROP SARGENT. 235

though not sworn to, and which I understood was admitted as
a true Statement by Mr. Minor before one of the Judges

No. 6. A Letter from Mr. Minor Containing an account for
the Interpreters services, and demanding payment.
No. 7. Reply to No 6.

I cannot close this letter without doing the Justice to Major
Minor to Observe that I verily believe he will pointedly Reprobate
this Conduct of his Attorney, and that he is Totally uninformed
thereof.

I have the honour to be with the highest respect sir,
your obedient humble servant,

(Signed) Winthrop Sargent.
The Honourable Secretary of War.

To Judges Bruin and Tilton.

Morning of May 19th.. 1800-
The Governour late last night received from the Honourable
Judges, Bruin and Tilton, a Bill to render legal the proceedings
of two Justices of the Court of Common Pleas, Pickering County
in "adjournment ("as well as other Proceedings of the two Jus-
tices") instead of a Bill to legalize the Proceedings of the Gen-
eral Quarter Sessions, Contrary to Proclamation founded on Law,
as well as the illegal holding and adjournment of the Common
Pleas. Upon this subject believing it of much importance the Gov-
ernour so abundantly dilated in his first meeting the Judges in
their present session that he can have nothing to add. He re-
quests their honours to return him the Bill he laid before them
in Point to the Premises, with their objections in Writing — as
he is particularly anxious, that at a Crisis from which the
Validity of all subsequent Proceedings of those inferior Courts
may be Questioned his Conduct and proceedings should be ad-
judged from their own Merits.

The Bill from the Judges is returned, the same (in the Gov-
ernors opinion) tending Prominently to Countenance an oppo-

236 MISSISSIPPI TERRITORIAL ARCHIVES.

sition to a salutary Provision in the Laws of this Territory, sub-
mitted to Congress ten years since, by their North Western Ter-
ritory, and again from this Government, and of Course to be sup-
posed sanctioned, by their approbation. The Governour most un-
fieignedly, as well as respectfully assures their honours Judges
Bruin and Tilton, that it is with no inconsiderable degree of Diffi-
dence and Regret, he feels himself Constrained to dissent from
them in Questions of Law, and Constitutional propriety.
The Honourable Judges Bruin and Tilton

To John Marshall.

No. 32. Missisippi Territory

June 1st. . 1800.

I herewith transmit you a rough sketch of the Buildings at
the Villa Gayoso, Pickering County, with two Letters from John
Girault Esquire Lieutenant Colo. Commandant of the Militia
there, relative to the Claim of a Mr. Green for the same and the
Lands upon which they are situated, — also a letter of Mr. Hard-
ing whom I have appointed to prosecute the Pleas of the United
States and Territory. Mr. Hardings Statement and Colo. Gir-
ault's Letters are so full upon this subject, which I have before
taken leave to introduce to you, that I add only to impress more
forcibly the importance of the Question of Territorial Jurisdic-
tion over the Claims of the United States within our Government,
which I very believe would involve the fate of much Valuable
landed Property, and other interesting matter —

I need not mention to you that the Object of this Letter is
to obtain in form the opinion of the Attorney General, and Coun-
sel for future proceedings, which I presume may be more prop-
erly solicited by you than in direct application from myself,
and which Considering his many important avocations — and the
uncertainty of so timing an address, as least to Hazard intrusion
upon indispensible Duty I forbear to make —

GOVERNOR WINTHROP SARGENT. 237

Through your obliging agency Sir I will hope to be speedily
enough informed, and have the honour to be, Sir
your obedient humble servant

(Signed) Winthrop Sargent
The Honourable Secretary of State —

To Samuel Dexter.

Mississippi Territory

June 1st. . 1800-
Sir

I believe it a Duty to submit the enclosed letter from a Magis-
trate of Adams County to your Consideration, with this observa-
tion, that since my arrival within the Territory there seems to
have been a growing insolence in the Choctaw Indians, which I
apprehend will terminate in hostility — Relying upon promises of
Charity, made for Government by Mr. Ellicott, and my assurance
to recommend them (as I have done) for National Bounty, they
have hitherto been in some measure forbearing, but impatience
more and more Indicates itself, and extends to insult, and dep-
redations upon our little fields and other property, aggravating
to the Planters Generally, and in which my own interests, and
sympathies, have a full share —

With much Respectful Consideration
I have the honour to be sir

your obedient humble servant

(Signed) Winthrop Sargent
The Honourable Secretary of War.

238 MISSISSIPPI TERRITORIAL ARCHIVES.

PROCLAMATION,

By Winthrop Sargent

Governour of the

Mississippi Territory.1

To all persons who shall see these presents — G r e e t i n g

Whereas it has been directed by the Sovereign au-
L. S. thority of the United States, that for the due Execution
of Process, Civil and Criminal within this Territory,
the Governour shall make proper Devisions thereof, and from
time to time as Circumstances Require, lay out the same into
Counties, and Townships, subject to future alteration, as may
be directed, and it apearing to me, that the Divisions already
made, cannot extend to the Inhabitants upon the Tombeckbee,
and other Eastern Settlements equal administration of Justice,
I have thought proper therefore to Erect a new County, and by
these Letters made Patent, do ordain and order, that all and Sin-
gular the Lands Lying and being within the following Bounda-
ries viz. The Territorial Boundaries upon the North, East, and
South, and the Pearl River on the West, shall Constitute the
same, to be named and hereafter to be called the County of Wash-
ington. And I do further Ordain, that the County Courts, which
have been by Law established, shall be holden and kept therein,
at Mclntoshes Bluff, in the following order viz. The Court of
the General Quarter Sessions of the peace, upon the first Mon-
days in October, January, April, and July, yearly and every year ;
The Court of Common Pleas, upon the next Succeeding Wednes-
days in the same Months, also yearly and every year : And that
the Judge of Probate shall hold a Court of Probate at the same
place, upon the First Saturdays immediately following the times
prescribed for the Court of Common Pleas, yearly and every
year: Provided that the first Court shall be held on the first
Monday in October next, and not before. AND unto the said

1 Formation of the third county of Mississippi Territory, now in the
State of Alabama.

GOVERNOR WINTHROP SARGENT. 239

County of WASHINGTON is hereby Granted, all and
Singular the Jurisdictions, Rights, Liberties, Priveledges and Im-
munities to a County belonging and appertaining — And which
any other County that is or may hereafter be erected and laid
off, shall or ought to enjoy. Conformably to the Laws and
Ordinances of the United States, and of this Territory.

In Witness whereof I have hereunto Set my hand, and Caused
the Public Seal to be affixed this fourth day of June, Anno
Domini One Thousand eight Hundred, and in the twentyfourth
of the Independence of the United States of America.

(Signed) Winthrop Sargent

By his Excellency's Command

John Steele Secretary

Commissions to Justices of the Peace.1

His Excellency the Governour was pleased to appoint James
Fair, John Johnson, John Chastang, John Collier, Joseph Thomp-
son, and Flood McGuire Esquires Justices of the peace in the
County of Washington, and Commissioned them in the Words
following Viz

By His Excellency Winthrop Sargent Esquire

Governour and Commander in Chief of the

Mississippi Territory.

To all persons who shall see these presents Greeting

KNOW YE, That I have authorized and empowered
James Fair, John Johnson, John Chastang, John Collier, Joseph
Thompson, and Flood McGuire Esquires, Justices of the peace
of the County of WASHINGTON, to hold and keep a Court
of Record in and for said County, to be named and styled agreea-
ble to Law, the Court of General Quarter Sessions of the peace,
and therein to enquire by the Oaths of Good and Lawful Men of

1 First justices of Washington County.

240 MISSISSIPPI TERRITORIAL ARCHIVES.

the said County, by whom the truth may be better known of all
and all manner of Thefts, Trespasses Riots, Routes, and unlaw-
ful assemblies, whatsoever, and all and singular other Misdeeds
and Offences, of which by Law Justices of the peace in their
General Sessions may and ought to enquire: by whomsoever or
howsoever done or perpetrated, or which shall hereafter happen,
howsoever to be done or attempted in the County afforesaid
Contrary to the form of the Ordinances, and the Acts of Con-
gress, and of the Laws and Ordinances that now are, or hereafter
shall be made for the Common Good. And to hear and determine
all and singular the said Thefts, Trespasses, Riots, Routs, Unlaw-
ful Assemblies, and all and singular other the Premises, — And
to do therein what to Justice appertaineth, according to the Laws
and Ordinances aforesaid.

In Testimony whereof, I have caused the Public Seal
[L. S.] to be hereunto affixed and undersigned my name —

dated at Natchez Territory afforesaid this fifth day of
June Anno Domini One thousand eight hundred and of the In-
dependence of the United States of America the twentyfourth.

(signed) Winthrop Sargent
By his Excellencys Command

John Steele Secretary
William Williams Keeper of the Seal

Commission to Court of Common Pleas.

His Excellency the Governor was pleased to Grant a Com-
mission to the Court of Common Pleas in the County of Washing-
ton in the words following viz.

Mississippi Territory

By Winthrop Sargent Governour

of the

Mississippi Territory

To all who shall see these presents — G r e e t i n g —

KNOW YE, that I have by these Letters made Patent,
appointed and Commissioned as Justices of the Common Pleas

GOVERNOR WINTHROP SARGENT. 241

in the County of Washington John Johnson, John Chastang,
John Collier, Joseph Thompson, and Flood McGuire Esquires,
and do authorize and empower them or any three of them, to
hold and keep a Court of Record in the said County to be styled
agreeably to the Law in such case made and Provided, " The
Court of Common Pleas of the County of Washington," and
therein to hold Pleas of assize, Scire Facias, Replevins and hear
and determine all manner of Pleas actions, suits, and Causes of
a Civil Nature, real, personal, and Mixed, according to the Consti-
tution and Laws of the Territory.

In Testimony whereof I have caused the Public Seal
[L. S.] to be hereunto affixed and undersigned my name, dated

at Natchez Territory afforesaid this fifth day of June,
Anno Domini One thousand eight hundred and of the Independ-
ence of the United States of America the twentyfourth.

(signed) Winthrop Sargent
By his Excellencys Command

John Steele Secretary

Appointment of Various Civil Officials.1

His Excellency the Governor was pleased to appoint John
McGrew Esquire Coroner, Samuel Mims Esquire Treasurer,
James Fair Esquire Judge of Probate, Wilson Carman Esquire
Sheriff, and Samuel McCorkle Esquire, Prothonotary to the Court
of Common Pleas, Clerk to the Court of General Quarter Ses-
sions, and Recorder for the County of Washington, to each of
whom according to their several offices he Granted a Commission
in the usual form dated the fifth of June 1800.

He was also pleased to appoint Adam Hollenger Esquire, a
Captain of Militia in the County of Washington, and grant to
him a Commission in the usual form dated the fifth day of June
1800

1 First county officers of Washington County.

242 MISSISSIPPI TERRITORIAL ARCHIVES.

He was also pleased to appoint Joseph Stiggens Esquire a
Captain of Militia, Flood McGrew and William Puree Gentlemen
Lieutenants and Daniel Johnson and John Lindor Gentleman
Ensigns of Militia in the County of Washington, to each of whom
according to their several grades, he Granted a Commission in
the usual form dated the 6th — of June 1800 —

He was also pleased to appoint and Commission the Hon-
ourable Judge Tilton, and Captain Bartholamew Shamburgh to
administer Oaths of office in the County of Washington in the
words following viz.

Winthrop Sargent.

Governour of the Mississippi Territory.

Has thought proper to authorize and empower the Honoura-
ble Daniel Tilton and Captain Bartholamew Shaumburgh or
either of them, to Tender and Administer unto all and every of
the officers, Civil or Military, now or hereafter to be appointed
in the County of Washington, — the several Oaths which are,
or may be required from them Respectively, and to receive from
them subscriptions thereto, whenever the Laws of this Territory,
shall render the same necessary.

In Testimony whereof he has caused the Public Seal
[L.S.] to be hereunto affixed this fifth day of June Anno Dom-
ini 1800. and Undersigned his name —

(Signed) Winthrop Sargent
By His Excellency's Command

John Steele Secretary.

To Judge Daniel Tilton.

The Grove June 6th.. 1800.
Dear Sir,

I regret very much that I was not at the Vale to receive your
Visit, as I do on Public account and from personal Considera-

GOVERNOR WINTHROP SARGENT. 243

tions, that you have so soon taken your departure from us;
but perhaps under the present aspect of Matters, 'tis of much
more Consequence that you should proceed into the new County —
to give due Tone to Judicial proceedings than enable us to Con-
tinue legislating by Remaining at Natchez — The Gentleman ap-
pointed Clerk of the Courts will hand you this, also a Law au-
thorizing a Term of the Supreme Court, and a Dedimus for ad-
ministering Oaths, to the Gentlemen in Commission, — which
as a Public service, I make no apology in Troubling you with.
With much esteem I am
Dear sir,

your obedient humble servant

(Signed) Winthrop Sargent
The Honourable Judge Tilton

To John Marshall.1
No. 33.

Mississippi Territory June 15th . . 1800
Sir

In a Collection of state papers with which I have been
favoured, from your office I presume, though they were unac-
companied by Letter, I observe with an equal degree of Mortifi-
cation and surprize, the Progress of a Certain Mr. Hunter, Styl-
ing himself Mississippi Agent,2 and which I hazard Little in say-
ing, is unexpected to a Majority of that Class of Men, most Re-
spectable according to the general received Scale of Worth and
Consequence; and that the chang in Government, which it ap-
pears he has nearly effectuated — So far from giving satisfaction
to a discontented party, will but Multiply and increase Complaint
within the Territory.

Better informed men than Mr. Hunter or the aggregate of
the Committee, whence he is emanant, hesitate not to say, he has

1This letter appears in "Papers in Relation to the Official Conduct of
Gov. Sargent," at pages 11-18, published in Boston in 1801.

sNarsworthy Hunter, agent for the opponents of the Sargent adminis-
tration.

244 MISSISSIPPI TERRITORIAL ARCHIVES.

made a very incorrect Statement of Wealth and Numbers, and
that they are by no means willing, or prepared to meet the in-
creased expense, which to the second Stage of Government1
must unavoidably accrue — Further that they believe it most ad-
visable to Confide in the modified Legislation of a Governour and
Judges with the National Wisdom provided to give permanancy
to the Laws, than in any Code they might reasonably Calculate
upon from the probable Representatives of the present people.

Fondly persuading myself, that I enjoyed the good opinion,
and Confidence of every Branch of the General Government, I
naturally inferred that the Petition of Cato West and others
would have laid over, for time to have investigated the aspersed
Conduct of their Servants, and Obtained the General sense of a
people upon a Change Momentous to them to them all, and per-
haps not very wise in a National Point of View. We have not
yet tried them — are not enough infromed of their attachments
or Partialities. I who have studied and ought to know them bet-
ter, than any other servant of the General Government, owe it
to Justice to Acknowledge, I have met with genuine zeal, intelli-
gence and rare abilities, and I should be unpardonably deficient
in Liberality, did I not add (after the observations from Mr.
West and others) that those Virtues Certainly are not altogether
appropriate to "Native Americans." But what is the aggregate
Character and disposition? I pretend not to a General Knowl-
edge of the people of the Mississippi Territory — Congress have
been informed, that they are Principally from the United States :
No great accession of Inhabitants has been attained, since the
Change of Government; why, and wherefore then so many of
our Countrymen here? I forbear to urge the Enquiry, and sub-
mit to National Wisdom and Vigilance to adduce the inference.

In order thereto, and in Candour as well as Justice to my
much injured Reputation, Queries are essential — They should be
solely Calculated to obtain Truths; and in the event Mr. Hun-

1 Legislative Assembly elected by the people.

GOVERNOR WINTHROP SARGENT. 245

ter Probably would be more known, and the Credibility, as well
as Comparative Consequence of the Committee stand on its
own not the merit of the whole people of the Mississippi Terri-
tory.

Had such mode (which I have been taught to believe a due
Respect for Public Character should have dictated) been pur-
sued the good opinion of the house, and necessary Confidence of
this people, could not have been long suspended by the so Wanton
Allegations against the Administration of Territorial Govern-
ment by the Executive and Legislature.

When Mr. Hunter left this Territory, I did not see him, though
I had Courted the acquiantance of this people Generally, and his
Specially by a very honourable appointment in the Militia.

I have never seen him, but from him and other Malcontents,
I have written expression of very different sentiments, from
what have been so lately avowed — No sense of Impropriety in
administration — No necessity for " sixtyfour Rank and file"
to Recommend an officer — Pity for themselves they possess mem-
ory so Treacherous.

Mr. Hunter in his Mission to Congress may be said to have
stole away, against strong Remonstrance from the Territorial
Secretary, upon the illegality and Probable Consequence of going
through the Indian Country without a Passport from the Gov-
ernour. — It was not until some days after his departure, that
I became formally acquainted with any of the objects of his
Journey. — Though Vanity and intemperance had led him to
Boast upon his management and the Mighty Change he would
effect, in this Country and administration.

Under the Panoply of Conscious Rectitude and zeal in service,
I disdained all indulgence in official Conduct, and fondly believed,
I had nothing to apprehend ; The whole Journal of Proceedings
in the Executive department of Government, had gone forward
accompanied by a Copy of the Laws: from which I assured
myself, not only of ample Justification, but the merit of exertion,
beyond the narrow limits of mere duty: and I still Continue to
flatter myself that special Investigation would do me honour.

246 MISSISSIPPI TERRITORIAL ARCHIVES.

To Organize a new Government upon the very Confines of the
Power and Energy of the United States — amongst a people of
diversity of Interests, sentiment and Language — acknowledgedly
unversed in Jurisprudence, and not all distinguished for their
Complacency — without the aid of the Territorial Judges to a
late Period, in ill health and under the apprehension of an at-
tack from a foreign Enimy ; must be Confessed an arduous Task

— I draw not however upon the Good nature of my Countrymen

— 'tis Justice only I ask —

Impeachment seems to have taken an uncommon, an unprece-
dented form — An Obscure Individual upon Recommendation to
Congress by a few Characters unknown to fame — Unknown to
that honourable Body (it is presumed) and from an almost un-
known Land — has gone forward with a Petition, in its nature
libellous, and adding thereto of his own Communications in Sun-
dry Letters Matter full of Accusation of unconstitutional, illegal,
Contumacious, and Mercenary Conduct, in the first Executive
Magistrate, which has been so far accredited as to Constitute
part of a Report to the National Representatives.

The Publicitiy of that Report, Printed by order of the House,
and dispersed to the most Remote parts of the Union, with Com-
ments full of Accrimony from a source I forbear to name,
seem systematically Calculated to sap the Reputation of a de-
clining life the morning and meridian of which have been most
faithfully devoted to the honourable service of my Country.
Under those unpleasant Circumstances, Silence might be unpar-
donable— It would be enough for my friends perhaps that I
simply denied the Consequential allegations of the Mississippi
Committee Cato West Mr. Hunter and others — those who enjoy-
ing Reputation, duly appreciate its worth would at least suspend
Opinion the Sovereignty of the United States — The fountain of
Justice, dare not Brand by any act of disapprobation, the Con-
duct of their servants, but upon proof positive of Maladministra-
tion— and to the Malevolent and the Designing I throw the
Gauntlet.

GOVERNOR WINTHROP SARGENT. - 247

For my friends the friends of Truth, who may be interested,
and who have not access to the Territorial Records here or at
the Seat of Government, I should wish, if the same meet your
approbation, to Publish the Record of proceeding in the Execu-
tive department Generally but 'tis a measure I dare not adopt
without permission.

Upon the Mississippi papers generally, which you have done
me the favour to transmit it may be proper to observe — That
the statement made in the Petition to Congress upon the appoint-
ment of Militia Officers in a Group, and detached from their
Commands — That one only of the Judges was Qualified to Legis-
late or interested in the operation of the Law for raising County
Rates and levies is gross misrepresentation and falsehood —

The Militia Officers it is true were Collectively, announced
for Counties, but their disposition, and every Legionary arrange-
ment was submitted to the Field Officers under positive Orders,
to Consult General Convenience — This appears in the Office of
State.

Under the Operation of the Law for assesment the Governour
who holds 2690 acres of Land granted to his Wife as a "Feme
Sole" by the Spanish Government, actually pays out of the 6040
Dollars a County assessment for Public Buildings &c. for the
County of Adams in 1799 the sum of 119 Dollars — The Members
of the Mississippi Committee of the same County Six or Seven
in Number and equal to two thirds of this unnatural Body are
assessed in aggregate 120 dollars only.

The Boasted "ardour" of their leading members, stated in
the Petition, has been Conspicuous only in Violence of Opposi-
tion to Constituted Authorities under the Spanish and Amer-
ican Governments — The Governours Letter to the Secretary of
State of the 20th. . of December 1799. as must appear from the
face of it, was really meant to promote the Interests of the
people of this Territory, and under such impression a well mean-
ing Member of the Committee obtained a Copy I believe from

248 MISSISSIPPI TERRITORIAL ARCHIVES.

the Territorial Secretary for their Information — Shameless
must they be, who blush not at the Base Misapplication.

To the Petition marked no. 1. I did in Truth Reply Verbally,
as will appear by my Letter to you bearing date September
20th. . 1799 and an alarming inflammation in my Eyes at that
time, from which I have not Recovered would have Rendered it
impracticable to have then Committed to paper, had I even
deemed it necessary.

To Mr. Ellicott, of whom the Petitioners were so extremely
abusive, I add my Continued sense of Obligation, for the Prompt-
itude and Correctness of his informations, which influenced but
did not Govern my appointments though our Acquaintance of no
inconsiderable standing and the high Confidence of Government
entitled him to first Notice — I issued no Commissions, till the
expiration of more than necessary time, to have Received Com-
munications from Gentlemen in every part of the Territory.
My Address in your Office will abundantly Demonstrate, that I
Courteously solicited their Acquaintance, but to that address I
am Constrained to declare, I received no Response — The Re-
joincings said to have been heard throughout the Territory upon
the arrival of a Governour from the United States were unknown
to me, nor do I remember to have been honoured with a Visit
from any one of the Petitioners ( a Mr. Dayton excepted) till at
a late Period, when the pressure of exigence made Military Ap-
pointments absolutely indispensible, and it had been generally
understood, that the few amongst them who enjoyed any degree
of Confidence even with their Associates, were intended to be
honourably Notice d. — I could not it must be admitted Con-
strain any to Receive Commissions, but by the Resignations and
Nonacceptances at the date of the Petition though those were a
very limited number I acknowledg, to Regret — Government has
not been deprived of very much of the Respectability, or intelli-
gence of the Country — the names of Gentlemen are with the
Territorial Records in the Office of State, to Corroborate this
Opinion, and I pledge to you my sacred honour, that I have never

GOVERNOR WINTHROP SARGENT. 249

known an inferior Court in any of the United States, to possess
so large a share of the Confidence of the People, as has been
unceasingly bestowed upon the Courts of Common Pleas, and
General Quarter Sessions of the peace in Adams County. In the
County of Pickering no Choice was left me, this was a misfor-
tune to the people but not my fault, and to be remidied only by an
accession of other and more informed men — The appointments
however generally I am authorized to say were as unexception-
able even to the people themselves, as any which Could have been
made, for I have been assured through the Secretary of the Ter-
ritory from a leading member of the Committee ; that there were
six obnoxious Characters only in Commission; as small a pro-
portion to the aggregate appointments, more than One hundred,
as in most popular Governments I believe —

The appointments of Officers Civil and Military and the Visit
made to Mr. Ellicott, seem to be the great Crimes of the Gov-
Governour, as charged by Cato West and Mass.

Their accredited agent Mr. Hunter assumes a bolder Tone,
and to affix the Crime of deepest Die. Tanacious (tenacious) of
Exclusive National Right in all Mony Matters, as is the honoura-
ble house he has so abused by imposition, no accusation could be
seemingly more Effectual, than that of the Governours usurping
it, from the Constituted Authorities in this Remote Region — The
assassin Stroke, Blazoned over with Charges of Prodigality in
Public Resources, future Views of Taxation &c &c — has no doubt
produced the full effect intended from this Quarter ere this, for
the foul Traducer Could not hope to remain long undetected. In
the Voice of Injured innocence an appeal has been made to the
Justices, as you will observe in the enclosed Public prints.

The site of Public Buildings introduced by Mr. Hunter to
Congress, as another Complaint against your Executive is fully
explained in a Letter to Messrs . . Walker and Evans, bearing
date November 24th . . 1798 in your office — It was fixed by those
Gentlemen, with the Advice of Judge Bruin, upon the Principles
therein detailed, and against my own private interest in Lands,

250 MISSISSIPPI TERRITORIAL ARCHIVES.

which would have been Materially Benefitted by another Position,
advocated by some.

Upon the subject of making or adopting Laws, I have wrote
you largely heretofore It is not necessary to Repeat my own
opinions — Many Letters in your office, evince my anxiety to have
possessed the Codes of the original States. We began legislating
however, with the Laws of the Northwestern Territory only —
They had been long subject to the disapprobation of the Honour-
able Congress, and daring not to doubt their attention, we be-
lieved them good. — We have uniformly Continued however to
declare our willingmess to receive and respect authenticated in-
formations for the quiet and interests of the People.

An alarming Depopulation Mr. Hunter says took place under
Doctor White &c — Since this Extraordinary information, I have
made it a Business to enquire, and Venture to assure you, that
five families Constitute the Total — One of which migrated to
avoid Prosecution for Malpractice, and that the Residue have Re-
turned to the Territory. This Depopulation is ascribed "to the
morose arbitrary Contumacy of Governour Sargent." My Treat-
ment to the people of this Territory — To Doctor White specially,
has been Courteous — but he had made his Election, as was
pretty evident from being found in this Country — The Gov-
ernour or Secretary's appointment might have detained him a
Little, but all this is enough understood, I believe by the Doctors
acquaintances here and at the Seat of Government.

No Contumacy has ever marked my words or actions, SAVE
upon anonymous, Menacing and Incendiary Letters addressed to
me, and pretty Public declarations that I should have enough of
them, the Observations that I was not to be operated upon in
such way, that though the people of this Country might have so
acted upon the nerve of a Spanish Governour, even to Torting
him, that I should not be detered, by any motive of personal
safety, or Consideration from the full discharge of My Duty —
that I presumed not upon the "internal debility" so pathetically
lamented by the Committee, for it had been my Maxim to defy

GOVERNOR WINTHROP SARGENT. 251

faction in its most Gigantic form, may have been so Construed.
But I fear sir I trespass upon your important time ; accused how-
ever Publicly without the Certainty of other Means of averting
falsehood, and foulest slander, I rely on your, and the Public
Benignity for forgiveness — One other part of Mr. Hunters much
Defamation will I notice

The Governour " has been in the habit of Exacting and Re-
ceiving fees for passports &c says Mr. Hunter.

In the Northwestern Territory the Governour has a fee upon
all Civil Commissions and which long since must have been
known to Congress — But believing it improper that any Com-
pensation should be made for services Contemplated in the ap-
pointment it was never my Practice there to take it, and the Rule
in this Country has at my instance been enforced by Law. Mar-
riage is to be obtained upon the Publication of the Banns for
three several Holydays, at the expense of Seventyfive Censts, or
the Governour may License specially without Publication — So
'tis declared by Law, which attaches great Consequent Responsi-
bility— and so many attempts have been made at imposition that
the necessary Enquiries to granting Matrimonial Petitions, are
attended in some Cases with the trouble of taking affidavits —
Receiving and filing Certificates — Services not Contemplated in
his appointment, and for which it has been his general Rule to Re-
ceive eight Dollars — When Circumstances have seemed to make
immediate solemnization so necessary that usual forms could not
well be complied with, to the needy he has made no Charge. —
And to his Acquaintances generally — To Military and Civil
Officers, who have had Occasion to apply, and when no doubts
as to the propriety of Union may have arisen Licences have
issued Gratis.

Taverns in this hospitable Country are few — The Law pro-
vides a fee, which has not however always been taken — For pass-
ports I have not received the sum of twenty Dollars — It has been
a Business of much trouble, some expense in Printing of Blanks,
and of late they seem to be out of use.

252 MISSISSIPPI TERRITORIAL ARCHIVES.

Extreme anxious Sir, always to live in the good opinion of
our most Respected President, I shall take leave to transmit
a Duplicate of this letter to his seat at Quincy, though the same
may not be exactly in order, and I trust it may efface all un-
favourable impression, which the Boldness of Charges can not
but have made upon his and your mind,

With most Respectful Consideration
I am sir

your obedient humble servant

(Signed) Winthrop Sargent
The Honourable Secretary of State

PROCLAMATION.

By Winthrop Sargent,

Govemour of the Mississippi Territory.

Whereas it has been "Enacted by the senate and house of
Representatives of the United States in Congress assembled,
that so much of the Odinance of Congress of the thirteenth of
July One Thousand seven Hundred and Eightyseven, and of the
act of Congress of the Seventh of August, one Thousand seven
Hundred and Eightynine, Providing for the Government of the
Territory of the United States Northwest of the River Ohio, as
relates to the Organization of a General Assembly therein, and
prescribes the Powers thereof, shall forthwith operate and be in
f urce, in the Mississippi Territory.1 Provided, that until the
Number of free Male Inhabitants of full age in the said Terri-
tory, shall amount to five thousand, there shall not be Returned
to the General Assembly more than nine Representatives"
"a n d," "That until the number of free Male Inhabitants of full
age in the Mississippi Territory shall amount to five Thousand
the County of Adams shall be entitled to Choose four Representa-

*Act of Congress of May 10, 1800.

GOVERNOR WINTHROP SARGENT. 253

tives to the General Assembly, the County of Pickering four, and
the Tensaw and Tombigby settlements One"

"That the first Election for Representatives to the General
assembly, shall be on the fourth Monday of July next, and all sub-
sequent Elections shall be Regulated by the legislature"

AND WHEREAS it has been "further Enacted, that it
shall be the Duty of the Governour of the Mississippi Territory,
to cause the said Election to be holden on the day aforesaid, at
the most Convenient places, in the Counties and settlements
aforesaid and to nominate a proper officer, or officers, to Preside
at, and Conduct the same, and to Return to him the names of
the persons who may have been duly elected.

B E I T K N 0 WN THEREFORE, that I do in obedi-
ence to the Will and pleasure of the General Government, (as
is herein before Expressed) ORDAIN, that the Election of
Representatives, in the Counties of Adams, and Pickering, and
the settlements upon Tensaw, and Tombigby (now Washington
County) shall be made at the Places, where the Respective Courts
have been ordered to be holden; and I do hereby nominate the
Sheriffs Lewis Evans, William Ferguson, and Wilson Carman
Esquires, to preside at said Elections, in their several Counties —
and with the aid of the Coroners and Clerks of the Courts of
General Quarter Sessions of the peace to Conduct the same (in
exact Conformity to the Laws and Ordinances directing the time,
and Ordaining the Qualifications of Electors and Representa-
tives) and to return unto me the names of those presons who shall
be Duly Elected.

Given at the Bellemont Plantation near Natchez this twenty-
fourth day of June Anno Domini One Thousand Eight Hundred
and of the Independence of the United States of America, the
Twentyfourth.

In Testimony of which I have undersigned my name, and
Caused the public seal to be hereunto affixed

(signed) Winthrop Sargent

By his Excellencys Command

John Steele Secretary

William Williams Keeper of the seal —

254 MISSISSIPPI TERRITORIAL ARCHIVES.

Though the Governour has by the foregoing Proclamation,
discharged his present immediate Duty as prescribed by the
supplemental act " for the Government of the Mississippi Terri-
tory, it will not be taken amiss (he trusts) for him to add from
the Ordinance of Eighty seven

"That no person can be Eligible, or Qualified to act as a Rep-
resentative, unless he shall heve been a Citizen of One of the
United States three years, and be a Resident of the District, or
unless he shall have resided in the District three Years, and in
either Case shall likewise hold in his own Right in Fee simple
two hundred acres of Land within the same"

"That a freehold of fifty acres of Land in the District, having
been a Citizen of one of the States, and being Resident in the Dis-
trict, or the like freehold and two years Residence in the District,
shall be necessary to Qualify a Man as an Elector of a Repre-
sentative."

And that the Representatives duly Elected will be Convened
at the Town of Natchez upon the fourth Monday of September
next.

The Governour takes leave further to add his sincere Wishes,
that perfect order and regularity may be observed at the Elec-
tions and that Contending parties (which have been stated to
him heretofore to have existed) may Cordially Harmonize to
produce the most honourable Representation, of the Integrity and
abilities of the Mississippi Territory.

A Transcript of this Journal from page 227. was made for
transmission to the Secretary of State, and authenticated in the
Words following Viz —

The foregoing one hundred and fifteen pages Contain a tran-
script of the Journal of

"Proceedings of the Governor in his Executive Department"
from the first day of January until the thirtieth day of June 1800,
including two letters omitted in December 1799 —

GOVERNOR WINTHROP SARGENT. 255

In Testimony whereof I have undersigned my Name and
affixed my private Seal, " as Secretary in and for the Mississippi
Territory" at Natchez this 24th- day of August 1800 —

John Steele L.S.

Transmitted to the Mail in Aug 1800

To Daniel Clark.

The Grove June 7th- 1800—

Not until the last Evening my Dear Sir, was I honoured with
your favour of the 20th . . Ult :

Personal anxiety for Mr. Fero may cease, for I believe he is
in health at Natchez — though from Report and the Complexion
of a Letter Received from General Wilkinson my apprehensions
were equal to your own —

The General seems to have been duly impressed upon this
Occasion, and having myself a full share of horror at the atro-
ciousness of the Offence I lost no time in submitting his Letter
to their honours the Judges, and have the satisfaction to assure
you, that I trust, we shall escape the Infamy of passing over in
Silence this violation of Rights, which even Savage Nations
have consented to hold sacred —

I would to God for the honour of our Government there re-
mained equal hope of the due investigation for the Manifold
outrages upon Decorum, and the Municipal Laws. —

As one of their Principal and (in Justice I add) most Watch-
ful Guardians, I believe in your Sympathy, and extreme Mortifica-
tion, at that Apathy which has so strongly Marked our Character
under the administration of the Government of the United States
— Repeated Murders, (or I am misinformed) have passed un-
noticed— though attended by Circumstances of high aggravation.

A recent and most abominable Transaction, I pray you,
and through you, the Justices Generally may be followed by such

^his letter was omitted in its proper place.

256 MISSISSIPPI TERRITORIAL ARCHIVES.

legal proceeding, as is commonly had in like Cases, in most Civi-
lized Countries, — The affair I allude to has happened upon, or
near second Creek, where some persons of the Names of Carter
and Tomlinson, usurping "Vi et armis" to determine Questions
properly the Province of Courts of Justice, and amply Provided
for by Law, have it is said, given and received Wounds, from
which Death or Deaths may ensue.

Shall we not have your presence at the next Court? I hope
we shall.

The anxiety of Judge Bruin to Return home and the hope of
Materially benefitting a part of the Territory, by providing
to Commence Judicial proceeding under the Example of one of
the Supreme Judges, have induced my assent to Judge Tilton's
going to Tombeckbee, to hold a Court in the County of Wash-
ington, and of course Legislating is suspended —

We have passed but a few Laws — To add and amend a little
the Militia System, one other Law in aid of Indian and Slave
Regulations — Extending Prison limits &c &c. five only, which
you shall have as early as possible.

With Respectful Esteem
I am Dear Sir,
your obedient humble
servant

(signed) Winthrop Sargent

P. S. Mrs Sargent and myself are honoured and well pleased
by your very obliging manner of expressing Mrs Clark's and
your own Remembrance of us — we offer you very sincerely our
regards and good Wishes — we continue to Regret, and very
much your absence, but trust you will Visit us soon — come up
to Court, and bring Mrs Clark as far as Bellemont where we
will be on the Morrow pleas God, and where we shall be happy
to give you one of the best Rooms that our Cottage affords

(Signed) W — Sargent

Colo. Daniel Clark

GOVERNOR WINTHROP SARGENT. 257

Commission to Justices of the Peace.

Mississippi Territory July 2d. 1800
His Excellency the Governour was pleased to appoint George
Cochran and Anthony Hoggett Esquires Justices of the Peace in
the County of Adams, to whom he granted Commissions in the
usual form dated the 2d. day of July 1800.

He was also pleased to approve of the appointment of Job
Ruth Cotton and Melling Wolley — Inspectors for the Town of
Natchez — John Bolls and Gerard Brandon for the Township of
St. Catherines William Dunbar Esquire and Charles Sugett for
the Township of Second Creek — Isaac Gaillard and Patrick Foly
for the Township of Homochito Colo. Henry Hunter and Thomas
Dawson for the Township of Baie Sarah, to whom he granted
Commissions in the usual form dated the of June 1800 —

Daniel Clark.

Bellemont Cottage July 6th. . 1800
Dear Sir

Not until this morning did I receive your favour of the 10th . .
Ult:

I am truly in Sentiment and Sympathy with you, Respecting
the Judges and legislation — a Number of Laws are wanted, and
to legislate is yet, in my opinion, a part of the Judges Duty —
1 consented to an adjournment, to enable one of them, to hold
the Supreme Court in Washington County, but to my extreme
Mortofocation and sorrow, am informed he Embarks from Or-
leans direct for the United States — x

I learned with much Satisfaction soon after closing my Let-
ter to you, that Mr. Dunbar had taken the preparatory measures
to mark the high handed outrage upon Second Creek — impli-

1 Judge Daniel Tilton.

258 MISSISSIPPI TERRITORIAL ARCHIVES.

cated as we are in Country Reputation and Character, we must
lament however that so many, and so heinous Crimes have
passed unnoticed.

I thank you for your friendly intention of noticing so gen-
erally Mr. Hunters Letters — the Progress he made at Congress
I assure you astonishes me beyond Measure — it seems however
that even the House Rejected the Extra vigance of Members of
the Committee: but Great God! what would become of us, but
for our Senate — I Tremble when I think of the Advancement
to precedent heretofore made in the Eastern States to depose
them and the Executive as useless Branches of Government.

I enclose unto you all the Petitions, Reports &ca. upon Mis-
sissippi Affairs, which you will be Good Enough to Consider
as Right precious and Return after you shall have perused them.

I have written thereupon to the Department of State, which
I will intrude (at length) to your Perusal at Court Time, when
I promise myself the Satisfaction of seeing you and Mrs. Clark
at our Cottage — before inded for you will certainly be up at
the Election.

A friend of mine writes me from Philadelphia whilst the
Business was before Congress.

"it will end well and with your Friends do you honour — the
forte "at present is to make you out an unapproachable Ba-
shaw— "

All this to my mind is a Bagatelle but I might prove the false-
hood thereof by Testimony of the most Violent of the Country —
Burnetts &c. who came to me under those prejudices but were
converts to Truth ; as I learned from the Sheriff.

I had acquired a Character for "hauteur," austerity &ca. — it
had preceded me — it was made up in an unfortunate Campaign
against the Savages, where I acted as Adjutant General to an
undisciplined army, from which our Country demanded services,
not otherwise to be calculated upon, than by Strict Subordina-
tion : — the result of a Punctilious discharge of my Duty, was a

GOVERNOR WINTHROP SARGENT. 259

Volume of Complaint, and a World of Murmurs — Governour
St. Clair sumed up the Matter as you may read at a Leizure mo-
ment if you please, and to the great Mortification of Calumnia-
tors, I obtained the full Approbation of our Country's lamented
Chief, the Immortal Washington by the old and an additional
appointment in the army then ordered to be raised.

I view it as a very considerable Misfortune to myself, but
a much more Momentous one to the Country that we had not at
Congress a Man of Truth and informed of Characters and Trans-
actions— I shall find a way I persuade myself to wipe off the
Odium which boldness of Charges has attached to me — but it
has been so Considerable that some exertion on my Part is
Necessary.

A Mr. Davis of Kentucky Member to Congress charges me
to his Constituents for Usurpation: his manner and Matter is
Ungentlemanly. He Says,

"A Bill to authorize the Mississippi Territory to elect a Legislative
of their own, and to take from their Governour the Power of dissolving and
Proroguing them at pleasure has passed the house of Representatives,
the numbers in this Territory did not according to the Ordinance entitle
them to a Legislature; but to Curb the Usurpation of their Governour, to
wit, Winthrop Sargent formerly Secretary to the Governour of the North-
western Territory Congress are inclined to grant them this extraordinary
Privelege; and much I fear this will not be sufficient to protect the people
from the Insolence of this Federal Governour, as he still retains the Power
of putting his Veto on all their Legislative Acts."

Mr. Davis in this Circular Letter is also abusive and full of
falsehood to Mr. Adam's administration, he says — "A Navy
and army have come into existence under it" unconstitutional
Laws &c have been passed" and prays God he may not be re-
elected: I make no determination but 'tis possible I may prose-
cute him for a libel.

And, if there be virtue in a Grand Jury of Adams County
I assure myself of a Bill against Hunter West and Others for
the most unjust false and Milicious Libel that ever was uttered —
Mr. Stokes the Printer though perhaps not Chargeable with a
Libel has Conducted very improperly — he has as you must have

260 MISSISSIPPI TERRITORIAL ARCHIVES.

observed published Hunters Letters with an insinuation that the
Governour and Judges meant to limit their Circulation &c — and
when spoken to thereupon acknowledged he took his Publication
from the Pamphlet, upon the fece of which the intention so
plainly appears, but that he was instructed not to print that
part of it, and by a person who promises to indemnify him; he
has refused to make any apology in his paper though Acknowl-
edges that he was sensible of his intention to deceive the Public —
that an advertisement thereupon was sent him but he should
not print it.

Accept the Continuation of Good wishes for Mrs. Clark and
yourself from Mrs. Sargent and,
Dear Sir,

your friend and

humble servant,

(signed)
Colo. Daniel Clark Winthrop Sargent.

To John McKee.

No. 4. Bellemont near Natchez July 9th

Sir, 1800

Last Evening I received your Letters No. 1. and 2. with the
Enclosure from the Commandant of Arkansa.

The measures you have already taken thereupon I should
believe would be satisfactory — Even had the Thefts Stated
been more recent — I know not how you would have demon-
strated greater friendship or good Will — though we might wish
to award to this Nation, a Degree of Justice equal to what we
receive, yet in such Instances as are Stated by Captain Vilamont,
were they, even for our Own Citizens the Process would Neces-
sarily be very tedious — I know not of any similar Instances of
application to the Spanish Government, or how such would be
treated — this is a matter upon which we ought to be informed ;

GOVERNOR WINTHROP SARGENT. 261

for it will not be insisted I believe that a Spanish Subject can
Claim all the Priveleges enjoyed by the American Citizens under
the Law to Regulate intercourse peace &c. with the Indians —
Courtesy — fair words and every friendly exertion to serve them
is however encumbent upon us, and in doubtful Cases to make
appeal to the General Government.

We ought not to forget however that 'tis our Duty to Con-
ciliate the Indians by all proper means, and that they (the Choc-
taws) having some cause of disgust towards the United States,
it behooves us to observe more than Common Delicacy towards
them.

Your notice of the Indians now Visiting at Orleans is my first
information thereof. — I have I think long since communicated
to you the Marquis's assurances of Amity and strict compliance
with the Treaty.

Bowles's 1 success at Apalachicola had been announced to me
by an American at Orleans before the Receipt of your Favour —
he tells me the Fort was well endowed, the Garrison One hun-
dred Men, but that they made no defence and have disgraced
themselves that apprehensions were entertained at Orleans for
Mobille and Pensacola.

I hope it is not true that either Chickasaws or Whites have
been killed in the Nation or at Cumberland — When the Story
shall be correct I trust you will let me have it, with Informa-
tion if any Interference of mine may be necessary or or useful,
I am

I assure you

with much Esteem
Your obedient

humble servant

(signed) Winthrop Sargent

Colo. John McKee

Lower Towns

1 William Augustus Bowles.

262 MISSISSIPPI TERRITORIAL ARCHIVES.

To John Marshall,
Private.

The Honourable General Marshall

Secretary of the Department of State.
Sir,

Common report only has as yet announced you the successor
of Colo. Pickering in the Department of State — * to that Gen-
tleman I was in the habit of freest Communication and detailing
every matter which I believe the Interests of my Country re-
required he should know, though not always incumbent — some-
times perhaps Supererogatory — Under your administration I
shall, in this Respect Sir, be implicitly Governed by your Opin-
ions— It cannot be construed Flattery that I declare my full
faith the same will be correct — the high and Continued Confi-
dence bestowed upon you by our Government so authorizes, and
Commands that I should very much honour your Character.

The Whelming Calumny now attaching to my humble Name,
is an unfortunate Circumstance of Introduction — first Presenta-
tion, and creates a new and Pangful sorrow. — but a View of
those pages "of Proceeding in the Executive Department" of
Government which are in the office of State, I fondly believe
will Efface the hard impression which my Foes, and the Foes
of Order have so industriously essayed to establish — I shall be
accredited in your and every Candid Mind for that honest zeal,
which has its uses in Civil as well as military Life, and which
you sir may Command, beyond my mere Duty, whenever Public
Service shall Require it.

The main object of the present Letter Sir is to inform you
of a defection of some of the Creek Indians as appears by advice
to Major Minor from a Mr. Tagett — a surveyor appointed by
him and Mr. Ellicott to do some Business upon "the Line" —
He writes that eight hundred Indians from Tuckabachees Tal-
isces and Seminolas (Creeks) and three Hundred and fifty Choc-
taw Indians from the lower Towns had Joined Bowles — that

1 Appointed May 13, 1800.

GOVERNOR WINTHROP SARGENT. 263

with several Vessels which were taken at Apalachicola they were
Cruising upon the Trade from Orleans, had amassed much Plun-
der ardent Liquors Specially, and that Colonel Hawkins had been
forced to take refuge in Fort Wilkinson — Mr. Togarts (or
Togett) Letter bears date June 9th. and Major Minor informs
me he is a man of Truth.1

The motives I hope may be sufficient to apologize for this
Communication direct to your office though the same be not in
due order — I have generally addressed the Secretary of State
relying upon his goodness to make any Informations necessary
to the other Departments, and shall Continue so to do, unless
you may be pleased otherwise to instruct me.
With Sentiments

of the most Respectful Consideration
I have the honour to be,
Sir,

Your obedient,

humble Servant,
(signed) Winthrop Sargent.

July 23d- 1800 Mississippi Territory —

P.S. If it be true Sir, that the Choctaw Indians have Joined
Bowles to make War upon the Spaniards it is Probable I may
have the fifth Article of our Treaty with Spain brought to my
View — I request instruction — with not more than Eight hun-
dred men Capable of bearing arms in the whole Government, and
not more than one third of them armed, I am indeed feeble.

(Signed) Winthrop Sargent

To Zebulon Pike.

Mississippi Territory
Sir August 1st- 1800—

I acknowledge to have been favoured with your Letters of
the 6th- & 20th- Ult : and Mr. Elmers Report of the 1st—

1 For details of this episode see Pickett's "Alabama," Vol. II., page 117,
who quotes Du Lac's "Voyage" and Milfort's "Sojourn."

264 MISSISSIPPI TERRITORIAL ARCHIVES.

At Mr. Gerards Solicitation I should have made no objec-
tion to the negroes having been put into his possession upon due
pledge for their forth coming when demanded, but for the refer-
ence which has been made to the Cherokee Agent which renders
it impolitic for me to make an interference at present.
With much Consideration & Esteem
I am Sir

your obedient

humble servant
(Signed)
Major — Pike Winthrop Sargent

To Lewis Evans,

Bellmont Plantation
August 2nd.. 1800—
Sir

Yesterday at noon I received a Certificate Signed by your-
self the Coroner and Clerk Respecting the late Election, but which
with the Note covering the Same, are not enough Explicit.

The Law requires the Governour to Nominate a proper Offi-
cer or Officers, to preside at, and Conduct the Elections, and to
return to him the Names of the Persons who have been duly
Elected —

The Sheriffs &c- officers of high Confidence and Trust, have
been nominated — and a Return of the duly elected is to be made,
before the Representatives can be convened —

The Acts and Ordinances of Congress in Point will be shown
you by the Secretary if required and if the Construction thereof,
should be doubtful in your mind, I would Recommend Applica-
tion, not only to the Attorney General, but the Law Judge in
the Territory, for in much of Counsel is declared safety; and

GOVERNOR WINTHROP SARGENT. 265

in the result will be Expected a return of such only as have been
duly Elected, with the usual Solemnities for its Authenticity.

(Signed) Winthrop Sargent
Lewis Evans Esquire

Sheriff of Adams County —

To John Marshall.

Mississippi Territory
August 10th.. 1800—
Sir,

Upon the first of June I had the honour to address to Colo.
Pickering whom I then believed the Secretary of State a Sketch
of Public Buildings at the Villa Gayoso within this Territory
and some Letters and Documents upon a Claim thereto which
has been brought forward by a Certain Mr. Green • to be laid
before the Attorney General.

I can have no doubt as those papers have gone forward by
Express that they will arrive safe with you, notwithstanding
their address; I will add therefore only, upon this subject, my
solicitation for your obliging endeavours to obtain and forward
Counsel for future Proceeding in this Business as early as Pos-
sible.

Considering sir heretofore the Secretary of State as the
proper Officer for all my Communications, I have scarcely ever
immediately addressed the Secretary of War even upon Indian
Affairs, and only asked of the former to communicate as he
should deem meet.

In your Office it will appear I have very abundantly dilated
upon this subject which a War may soon render peculiarly in-
teresting — I would cheerfully make a Summary but that my

1 Thomas Green.

266 MISSISSIPPI TERRITORIAL ARCHIVES.

Eyes are scarcely Capacitated for Writings every Day Indispen-
sible, and the Emoluments of my office admit not of a Clerk.

I have solicited that Charity for the Choctaws which was
unequivocally Promised by Mr. Ellicotte as you may see sir by
my Letter to Colo. Pickering July 17th- 1799 — and for the non-
performance of which, those men of Nature hesitate not to brand
me as a Liar, almost every Time we meet — They want only
Arms and Ammunition to gratify their Resentments, and Pas-
sion for Predatory War, with which I am apprehensive they will
very soon be abundantly supplied by Bowles.

A small Spanish Armada sent against him from Orleans, we
are informed is blockaded at Mobille by three sixteen Gun Pri-
vateers.

With the most Respectful Consideration,
I have the honor to be
Sir,

your obedient

humble servant
(Signed) Winthrop Sargent
The Honourable Secretary of State

To Samuel Dexter.1

Mississippi Territory
August 10th.. 1800—
Sir

Upon the first of June I had the honour to enclose unto Mr.
McHenry late secretary of War a Communication from a Magis-
trate of this Government relative to the Choctaw Indians, and
expressing myself thereupon, to which I beg leave to solicit
your particular attention, as a continued neglect of those people
I apprehend will very speedily involve us in a War, expensive
to the United States and Ruinous to this Territory; very much

1 Appointed to succeed James McHenry May 13, 1800.

GOVERNOR WINTHROP SARGENT. 267

seems to have been promised unto them by Mr. Ellicott when
opening his Commission in this Country, and nothing that I
know of has yet been performed. — The late Secretary of State
Communicated unto me as an Intention of Mr. McHenry to make
an annual Allowance of Two Thousand Dollars, which if carried
into Effect, would be too small to produce any Good.

I have been in the habit Sir, of making almost all my
Communications, even upon Indian affairs to the Secretary of
State having never been otherwise instructed by the War De-
partment to which I had more than once applied for Informa-
tion. Will you Sir be pleased to advise me — I beg leave to refer
you sir for Proof that we stand Pledged in some measure to be
Charitable to the Choctaw Indians to my Letter to the Secretary
of State bearing Date July 17th. . 1799.

Upon the 14th of May I addressed Mr. McHenry upon the
subject of an Indian Interpreter, as well as a suit that had been
commenced against me, and upon which you are so Eminently
Capable to advise — Major Minor who has arrived here highly
disapproves his Brothers proceeding & assures me he shall give
orders to withdraw the Action; nevertheless Sir, I solicit your
Opinion, and Instruction as to the Compensation I may be per-
mitted to make him for his Slave whilst he was acting as In-
terpreter.

Be pleased sir also to authorize me to take another Inter-
preter.

With most Respectful Consideration,
I have the honour to be,
Sir,

your obedient

Humble servant,
(signed) Winthrop Sargent.
The honourable

Mr. Samuel Dexter

Secretary of War —

268 MISSISSIPPI TERRITORIAL ARCHIVES.

To Lewis Evans.

The Governour Requests of the Sheriff to cause the enclosed
Extract from the "Law for the Regulation of Slaves" to be
made Public by putting the same up at the Doors of Taverns, and
other Conspicuous places, as many Complaints have been made
unto him, of the Violation thereof by Strangers and others, who
may be Ignorant of the Law.
August 12th— 1799

Lewis Evans Sheriff of Adams County —

Commission of Justices of the Peace.

His Excellency the Governour for good reasons appearing to
him, was pleased to add to the number of Justices in the Court
of Common Pleas in the County of Pickering, and accordingly
inserted in the existing Commission the Names of John Hinds
and Mordecai Throckmorton Esquires — done at Bellemont on the
19th. . of August 1800—

To John Marshall.

No. 36. Mississippi Territory

August 25th- 1800.
Sir,

In consequence of Proceedings in the House of National Rep-
resentatives, tending to implicate the Governour and Judges of
this Territory unofficially communicated from the Department of
State, I took leave to address the then Secretary in a long Letter
bearing date the 15th . . of June ; to Exculpate to defend and Jus-
tify our aspersed Conduct.

1 This letter appears at pages 36-45 of "Papers in Relation to the Of-
ficial Conduct of Gov. Sargent."

GOVERNOR WINTHROP SARGENT. 269

Since that Period there has come to my View through the
Medium of the Public Prints a Resolution of the House of Rep-
resentatives for disapproving so much of Two of our Laws as
authorized certain Fees to myself and their honours — With
notice that the Consideration thereof had been postponed by the
Wisdom and Justice of the Honourable Senate.

In a Public paper Styled the true American and Printed at
Philadelphia upon the 15th of May, we observe an Extraordinary
Motion, and a more extraordinary Preamble, to have made on
the Preceding Day, by the Honourable Mr. T. T. Davis, and
such as the most Rigid Justice should not have dictated, but
upon fullest Proof of Foulest Deeds; — To the distinguished
Sympathies and Candour of Messieurs Harper, Craik, Nott, and
Griswold,1 we stand indebted for reminding Gentlemen, that
"the accused had no opportunity of answering to the very serious
Charges Contained in the Honourable Mr. Davis's Preamble —
that if the Censure was Just, Impeachment ought to be obtained
by other means" — more equitable — more ingenuous, and less
dishonourable, they might, well have added.

And for impeachment, conscious we have discharged our
Duties, according to honour and to conscience we stand pre-
pared— Persuaded always that the Tenure of Public Com-
missions under the American Government, rests not upon their
Forfeiture.

Whether we may be indulged with the Privelege of being
heard is yet a Question — Upon most of the Allegations, so
Odiously blazoned in the Preamble of the Honourable Mr Davis
I have I fondly trust so fully expressed myself as at least at
suspend Sentence of Public Condemnation — and ere another
session of Congress, Gentlemen who may seek Truth, Shall
find fullest Conviction, that we hve been most barbarously
abused and Vilified — For my own Part I have already thrown

1 Robert Goodloe Harper, of South Carolina; William Craik, of Mary-
land; Abraham Nott, of Connecticut; Roger Griswold, of Connecticut, mem-
bers of Congress,

270 MISSISSIPPI TERRITORIAL ARCHIVES.

the Gauntlet — and defy the most insidious, as well as active
Malice to establish.

That I have "acted under the Influence of a Faction or pur-
sued the Principles of Despotism in excluding from my Confi-
dence a Majority of the well disposed Citizens."

Or that I have "indulged an unwarrantable distrust of the
"great Body of this People, and appointed over them to offices
"Civil and Military, persons obnoxious for their intrigues and
"Foreign Influence."

I deny that I have "practiced an avarice, — Extortion or
"any oppressive Measure," as has been ascribed to me by the
honourable Mr. Davis; Fees Warranted by a Law — Predicated
upon long continued Practice of the Northwestern Territory, and
which had Received the Approbation of Congress, we have some-
times demanded — with this very essential difference however,
and as is in some measure Stated in my last letter, that there
the Governour and Judges have actually Exacted Fees for serv-
ices expressly required by the Ordinance under which they were
appointed, Whilst in this Territory (as it respects myself this
is most Confidently asserted) they have been received for such
only as seemed Extra:

Judges in the Northwestern Territory are allowed by Law a
Reembursement of all expenses of themselves and servants in
going the Circuits to hold the Courts : — They have also fees for
allowing Writs of Error — Supersedeas for taking Bail, filing bail
pieces, and all the &cs. for which the honourable Mr. Davis has
so zealously essayed to attach Odium to the Judicial Character
within this Government — The honourable Congress could not
have been uninformed thereof, for the Laws and records in Point
had been officially transmitted by myself as Secretary- Conse-
quently long ere the Practice of Exacting fees could have been
adopted into the United States, Mississippi Territory

Granting then Sir for a moment the Exacting of Fees to be
wrong, should not Manly Candour have dictated that the Exam-
ple of an older Colony — so long and so strongly sanctioned by

GOVERNOR WINTHROP SARGENT. 271

the very highest Authority, we under God can know, might in
Justice have been accepted as apology, and we humanely spared
the cruel Mortification of suffering the hard the intemperate
Language with which we have been assailed, in the Face of
Congress, our Friends, and the World!

The Privelege of Gentlemen tolerating full freedom of speech
does not Warrant Indecorum, nor can any Power, I humbly con-
ceive command my tacit acknowledgement of the "avarice and
Extortion" ascribed to me by the Honourable Kentucky Member.

Though Constrained always to Rigid Economy by the hard
service of my Country, I acknowledge not to have "Practiced
avarice or Extortion."

A soldier of the Revolutionary War, I retired not from the
Field till the close thereof — and it may be remembered by some
of the Veteran Comrades in those Days, of Peril — and who have
witnessed the Whelming Calumny so unjustifiably attached to
my humble name, that Bread and Fame were our Sole Reward —

In Civil Life, — of the Ten Years that the Government of
the Northwestern Territory had been established, ere I was
commanded to this Country, the Arduous and Complicated Du-
ties of Governour and Secretary, with the accumulated Expenses
of both Offices were mine to Discharge — and without further
Public Provision than the Small Stipend allowed the Secretary.

By Statements made to the honourable Congress in 1796 for
a Compensation which is yet withheld, it will appear that my
Expenses were necessarily very Considerable — the Salary small
and that there were none of the Operating Motives for a avari-
tious Man to have Continued in Office; — that Reputation —
a good name must have been the Grand Decideratum : Offices in
your Western Country, were long acknowledgedly the Posts of
Danger — hence perhaps their Tenure undisturbed, but Gentle-
men read in the History of the Sufferings and Peril of those
Days; a just and grateful Country cannot hastily Prostrate,
servants grown gray in Hardihood and Toil.

272 MISSISSIPPI TERRITORIAL ARCHIVES.

The Honourable Mr. Davis seems to have been at much Trou-
ble to establish what the Governour and Judges are very willing
to admit.

"That they have made Laws" —

As secretary of the Northwestern Territory and vested with
the Powers of the Governour, I fully Concurred with the Judges,
that we were a Complete Legislative Body — We never hesitated
to manifest this to Congress, and the Laws by Governour St.
Clair, the Judges Parsons, Symmes, and Varnum Enacted — as
early as 1788 demonastrated that such was their Opinion also;
but I solemnly deny to have acknowledged (as Mr. Davis asserts
I have) a Deviation from the Ordinance of Congress in the thus
enacting of Laws — for the Ordinance in my Acceptance thereof,
tolerates so doing ; in Strong Presumptive Proof of which, I shall
offer (as the Honourable Mr. Davis and myself seem to have
so differently read the same) that the Laws which were Regu-
larly transmitted to the General Government, in one solitary In-
stance only were ever disapproved, thus Evidencing their perfect
Coincidence in Sentiment with us upon this very important sub-
ject :

As a further proof of their will and pleasure that we should
"M a k e Laws" they have enacted nearly in Words follow-
ing.

"That the Laws of the Territory that have been, or hereafter may be
"enacted by the Governour and Judges &c"

And again

"That the Governour and Judges shall be authorized to repeal their Laws
"by them made whenever the same may be found to be improper."

Whence we certainly take Leave to infer our most incon-
testible Right to the very essential and salutary Measure of
Enacting as well as adopting Laws for common Good — And
further that we shall stand exonerated in the Minds of the Vir-
tuous and the Wise, from even the intention of exercising that

GOVERNOR WINTHROP SARGENT. 273

"most dangerous assumption of Power," so unadvisedly ascribed
to us by the Honourable Kentucky Member.

Amongst the Rolls in the office of the Territorial Secretary
we are ingenuously to acknowledge a Law for the Punishment
of Arson, that seems to have escaped the Watchful Eye of the
honourable Mr. Davis, and which together with the Statute
against Treason are in our view alike exceptionable — no legal
decision or Proceedings however have been had thereupon, nor
will the Judges, I persuade myself, ever designedly transgress
the Sacred Rules of our most Respected Constitution — but so
much has already been said upon this unpleasant Theme — with-
out anticipating Opprobrious misconception of our intentions,
and which appears in my address to the Legislature of the 5th —
of May, in your office, that no more explanation or Comment can
be now necessary. — In any formal Investigation, I hope to
demonstrate, that the original of the Laws (our great anxiety
to disseminate, hastily sent to the Printer) was unexceptionable
in Matter, but that we have been inadvertent in our Signature
to the Rolls, can not be denied; an act Acknowledgedly hostile
to the Constitution, though we have the Consolation to believe
it has Operated no Evil — For my own part however I claim
not Indulgence in Official Transactions, and will await in Re-
spectful Submission, such Censure as may be deemed propor-
tionate to the Magnitude of my Transgression — but when it
shall be mercifully Considered that the Law for the Punishment
of Arson in the Northwestern Territory — subject to the same
Constitutional objections with any of the Statutes of this Gov-
ernment, had been Ten Years before Congress at the Time we
adopted it, (and never disapproved) it must be received as an
Extenuation of our Crime.

There has been transmitted to the Department of State, the
Copy of an appeal to the Justices of Adams County — made
immediately upon my receiving the "Report s" of the Com-
mittee of Congress, to whom had been referred, the Petition
of Cato West, and certain Letters of Narsworthy Hunter. —

274 MISSISSIPPI TERRITORIAL ARCHIVES.

The only matter therein which I then deemed of Consequence
enough to engage my special attention — and Publicly demon-
strate to be false, was Mr. Hunter's so Positive Declaration of my
usurping the Powers of the Court (their Duty to hold Sacred)
and with most nefarious and dishonourable Intention.

My appeal is annexed to the Letter of the 15th- of June before
mentioned, but it was not until the 4th- Instant, that the Justices
were in session, which necessarily delayed their Response here-
with transmitted, and which I respectfully solicit may accom-
pany the Petitions of "Cato West and others" as the natural and
Legitimate "Relative of those Documents" which the honourable
Mr. Davis has proposed to lay before the President : —

Under any other Circumstances than a base Impeachment
of almost all the Territorial Officers I could not myself announce
to Congress that the "accredited agent of those Persons, styling
themselves a Committee regularly Chosen by the Inhabitants
of the Mississippi Territory &ca- Stands convicted to
every man of Mind, of Malice, Mischief and Falsehood —
and if words have meaning, that he is recorded in the honourable
Court of General Quarter Sessions of the Peace of Adams County
in their August Term — to the Present People and Posterity as
a most infamous Liar.

The Character of the Members of this Court Generally is,
I believe, less exceptionable than that of any other equal Num-
ber of Men within the Government, but they are sufficiently
known to reject or Confirm my Estimation by the most abundant
Testimony. The Presiding Justice1 is Respectable from Integ-
rity, science and Wealth, with very Conciliating manners and
an Independence of sentiment most happily adapted, to his
Public Station

I shall take leave to enclose unto you his Charge to the Grand
Jury in the same August Term — adding my request that it may
be brought to the View of Government to illustrate the Reputa-
tion of accusers and accused — and for other purposes important

1 William Dunbar.

GOVERNOR WINTHROP SARGENT. 275

to this Territory, whenever Proceeding shall be Continued under
the Petition of Mr. West and Committee. — The name of Mr.
Hugh Davis — in the List of Magistrates, will also be found in
the Mississippi Committee — this and the Character which I
have drawn of the former may seem incompatible — The Mo-
tives for my own appointments I can explain, but not always
the Conduct of Officers —

This Mr. Davis is the same Gentleman I have quoted in my
address of the 15th — of June as the "well meaning Member of
the Committee", "obtaining a Copy of a Letter of the 20th. . of
December 1798 to the Secretary of State", and which he be-
lieved to have been by them most basely perverted: — He has
since communicated to me that the Representations made in
that Letter of the sufferings of the Inhabitants from the Indians
under Spanish and American Governments then Complained of
by almost every man of rny knowledge, and late presented as
a Grievance by the Grand Inquest, would have been stated to
the General Government at that Time, as a Wicked and abom-
inable Falsehood of the Governour and that neither injury or
inconvenience from the Indians had ever been Experienced by
this People — but for his special Opposition to the Measure made
under the fullest impression of the Justice and propriety of my
Statemens, and which the Committee had been Constrained Re-
luctantly to acknowledge — Facts produced to them by Mr. Davis
had been too strong, and of too much Publicity to have escaped
the Notice of many of the Members, and must induce a Powerful
Presumption of more than want of Candour upon the Occasion.

The Clerk — Sheriff and one of the Judges have transmitted
to me some Documents Relative to the alarming Depopulation
said by Mr. Hunter to have taken place under Doctor White —
the site of the Public Buildings, "so marked by opposition to Gen-
eral Opinion" and other Matter — all which I take leave to sub-
mit as proper to be brought forward in future attention to the
Motion and Preamble of the honourable Kentucky Member.

My respected Friend Colo. Clark1 deceased — whose Eulogium
and Worth have been so long and so well Established, and whose

1 Daniel Clark.

276 MISSISSIPPI TERRITORIAL ARCHIVES.

situation, as Commanding the Militia and Presiding in the Courts
of Justice, rendered him more and better Conversant in the
Administration of the Government than almost any other man
within the Territory, (sensibly impressed by the Insults and
Injury offered to the Governour and the Country) Devoted
the last moments of a Life passed in honour, to the bearing
strong Testimony against that Obloquy and Odium which had
been Produced by the unprincipled Clamours of Malevolence.

Mr. Daniel Clark a Citizen of the Territory — Nephew to
the Colonel, and inheriting his Valuable Possessions in this Coun-
try— a Gentleman long know and respected for his spirited and
successful exertions in Favour of our oppressed Countrymen at
Orleans, has obligingly Committed to me his Uncles Sentiments
addressed, and intended to have been directly Communicated it
seeme, to the honourable

Mr. W. C. C. Claibourne of Congress : x

Testimony from Characters so Endowed, as to Command
universal Credibility, and so honourable to the administration
of this Government, I shall certainly avail myself of. — The Let-
ter therefore from Colonel Clark to Mr. Claiborne and one from
his Nephew, (in Connexion) I respectfully solicit may be Con-
sidered by the honourable Mr. Davis as true "relative Docu-
ments" to the Petition of Cato West, and transmitted to the
President or otherwise, as shall be decreed for his so Censorous
motion and Preamble.

The same reasons Sir which induced my last long Letter, have
made me at this Time thus immeasurably Prolix, and I have
again to Pray your enduring patience.

Once I would have deemed it an undue Condescension to
have brought forward Voucher or Collateral aid against more
Respectable Men than any enrolled in the List of those who are
Warring upon my Fame; — My own Declaration I should have
believed Enough under any Circumstances but formal Impeach-

1 This letter appears at pages 20-31 of "Papers in Relation to the Official
Conduct of Gov. Sargent.

GOVERNOR WINTHROP SARGENT. 277

ment — Wary however, and apprehensive from late Sufferings
and Persecution I would Guard against Wiles, wickedness and
Surprize: The Precedent of Censure and other uncommon
Proceeding upon "ex parte" Evidence and statement demand on
our part more than Ordinary Circumspection.

The attentions which have been bestowed upon the Repre-
sentations of the Smallest and the least Respectable part of this
Community, I will Venture to say, has excited Astonishment in
the mind of almost every man within the Mississippi Territory.
That Mr. West and signers of the Petition to Congress were
not even a Moity of the Committee • — pretended to have been
duly Elected, is well known to themselves and no secret within
the Government.

The Circular Letter which Mr. Hunter states to Congress as
originating this Body was an Indecorous Publication, dated upon
the 6th . . of July 1799 requesting meetings of the Inhabitants in
the several Districts to elect Members for a General Conven-
tion— this Letter to use the Language of Respectable Characters
amongst us "was evidently intended to have been Communicated
"to those only who had been loud in Disaffection to the Govern-
"ernment: "

"not genaral" but to be whispered to a few Individuals
"only."

If the whole people of the Mississippi Territory could have
been assembled, or a due proportion of Character only, the late
Proceeding of Cato West &ca- would probably have been dis-
countenanced in all its parts — this is not mere matter of opinion,
for in the January of 1799 the same was demonstrated by An-
aloy (Analogy).

In a Committee who then Petitioned Congress upon the sub-
ject of their Lands, were some of the leading Characters of Mr.
Wests party — assembled with the same Views, which they have
of late accomplished, but the Members, who generally had been

JThe original committee consisted of thirty-five members, fifteen of
whom signed the West petition.

278 MISSISSIPPI TERRITORIAL ARCHIVES.

Elected upon fair and honest Principles — that is after due
and diffused Notice — Whose names are with Congress, and who
probably were a Representation of the Will of the Majority,
CURBED, with strong hand, the spirit of Faction and In-
trigue.

Fourteen days only elapsed from the Notice contained in the
Letter before mentioned to the Time apopinted for holding the
Election, — a short Period indeed considering the extent of our
Country and the dispersed state of its Inhabitants: many re-
spectable persons, indeed whole settlements (Tensaw and Tom-
beckbee — Now Washington County) not included) were with-
out notice upon this important Occasion; nor can I learn, that
in any one of the Districts, there was an Assembly sufficient for
much less interesting purposes than Constituting Delegates to
a General Convention.

In the Town of Natchez, which Comprehends an important
part of Respectable population, forty persons only assembled —
a Moity of them are Represented destitute of all Visible Prop-
erty— People of any Country, but never Acknowledged to have
been enrolled within this Territory — They chose two Dele-
gates— In the Certificate of the Election however, the Qualifica-
tions of the Electors, are Candidly stated to have been Prob-
lematical.

One of those Delegates it is said never attended the Com-
mittee, and that the other, after in Vain Combating the Violence
of Proceedings withdrew himself altogether. This is certain,
that neither of their names are found affixed to the Representa-
tions which have been Published from this Committee.

By unquestionable Authority I am informed, that the Prin-
cipal Inhabitants of the Settlements of Big Black and Bayou
Pierre in the upper County, were without Notice of the District
meetings, and that out of one hundred and forty free Male In-
habitants, who should have Voted for Delegates to this Com-
mittee, twenty only attended — that their most Weak and most
Abandoned Characters were Elected — amongst whom was one

GOVERNOR WINTHROP SARGENT. 279

Robert Ashley said to have fled from the Justice of some of the
Southern States, and who has been indicted within the Mis-
sissippi Territory for horse stealing.

All this, and much more Anecdote as well as Public history
of (and in relation to) Mr. Wests Committee was Known to
the Reputable Citizens of the Mississippi Territory AND the
nautural Inference.

"so just, so wise, and so Wary a Body as Congress will not
"Act upon such irregular — such Partial Proceeding"

was the general sentiment — the general Expression of the
most worthy Characters amongst us.

Experience however has shown us, that conclusions founded
upon the Intelligence of man are too often fallacious.

Abstract of all Consideration merely Personal I must sir con-
tinue to View it as a very great Misfortune that ONE
PARTY only should have been heard upon Decisions so Mo-
mentous to us all :

Information might have been had from sources disinterested,
impartial and of Confidence — Less intrusion and importunity
upon the important Time of Congress (for the past — present,
and to come) with more Tranquility to this restiff Country
would probably have been the happy Consequence :

General Wilkinson it is believed was at Philadelphia in Time
to have met Enquiry — as an officer of Rank and Confidence, he
was worthy to have been Consulted — he had spoke and written
honourably of the Administration of this Government within
my knowledge — he is conversant with men whom the people
ought to have respected, and a few of whose names are enrolled
amongst our accusers — his Testimony must have been favoura-
ble to the Mississippi Territorial Officers.

He could have informed Congress that we are unprepared
for any accumulation of Expense. — that the Statement of Mr.
Hunter of the Wealth and numbers in this Government is ex-
aggerated— that we were so involved in debts as to have rendered

280 MISSISSIPPI TERRITORIAL ARCHIVES.

interposition of the Spanish Government between us and Bank-
ruptcy absolutely indespensable — and that in Pickering County
where discontent with present administration had originated,
there were not Enough of informed men to fill the present neces-
sary offices of Government ; — it is my Duty however to endeavour
to Conciliate all this people to the Change which has been Com-
manded and I shall most religiously preform it. —

With the sensibilities of a man wounded in his better — his im-
mortal part — REPUTATION, I have Sir written much, but
I feel much more : — assailed Violently by a party in this Country,
from Motives probably most impure — and in manner and Lan-
guage, which I persuade myself no Gentleman shall ever cease
to abhor, some unbecoming Warmth of Expression some undue
Consideration of Self may have escaped me, but that no Indeco-
rum to Characters in that honourable house, so much my Duty to
Respect m a y be found on those, or any of my future pages is
the Object of my most devout Prayers.

The honourable Mr. T. T. Davis of Kentucky, seems to the
Governour and Judges of the Mississippi Territory, to have been
unnecessarily severe — Towards the former he has practiced
most wanton and Unwarrantable Cruelty : —

He has given Publicity to one of his Letters seemingly in-
tended only for his Constituents, but which has Circulated in
the Northwestern Territory where my very interesting Concerns
— Where almost all my Pecuniary affairs are afloat, Calculated
evidently to impress the People with such Sentiments as may do
me irreparable Injury.

He has added Insult to Injury by addressing to me Directly
a Copy of this Letter, from which the following is a Verbatim
Excript.

"A Bill to authorize the Mississippi Territory to elect a Legislature of
"their own; and to take from their Governour the Power of dissolving and
"Proroguing them at pleasure, has passed the house of Representatives.
"The numbers in this Territory did not, according to the Ordinance, entitle
"them to a Legislature; but to curb the usurpation of their Governour, to
"wit: Winthrop Sargent, formerly secretary to the Governour of the North-

GOVERNOR WINTHROP SARGENT. 281

"western Territory Congress are inclined to grant them this Extraordinary
"Privelege; and much I fear this will not be sufficient to protect the People
"from the Insolence of this Federal Governour, as he still retains the Power
"of putting his Veto on all their Legislative Acts."

I will conclude this long Epistle sir, in the words of a very
Celebrated Poet.

"durum; sed levius fit Patientia

"quicquid corrigere est nefas"

and subscribe myself with every sentiment of most Respectful
Consideration your obedient, and Government's faithful and

Zealous Servant
(Signed) Winthrop Sargent
The Honourable Secretary of State.

To John McKee.

No. 5 Mississippi Territory —

September 1st- 1800
Sir,

I received your Letters Numbered 3. 4 &. 5 the day before
Yesterday, and have detained the Express to the Present moment
in the hopes of seeing Major Pike, who alone Could Comply with
Mr. Pantons Wish for a Loan of Ammunition — over it you know
I have no Controul, but from this Gentlemans so well known,
and so much esteemed Character, I am anxious he should be
Gratified, and will speak to the Major in an opportunity I expect
to present in a Day or two, and give you notice by the first Con-
veyance— Your Express seems so anxious to Return, I venture
not to delay him longer — It may not be amiss to observe, that
it seems to me only amongst the Possibilities that Mr. Panton
will be supplied from our Magazines — Latitude to the Command-
ants is very seldom sufficient to admit such Indulgence,

282 MISSISSIPPI TERRITORIAL ARCHIVES.

The Commandant of Arkansa I hesitate not to say should
seek his Information from another Quarter

The apparent pacific Disposition of the Choctaw Nation is
pleasing to me — I have already addressed the now Secretary of
War to enable me to keep them in Good humour, God only knows
how far I may be successful.

I am inclined to believe from some recent Information that
the Spaniards made them no Presents in their last Visit

I do not at present engage an Interpreter but shall delay the
same till I hear from the War Office upon that and some matters
connected therewith — Will you give me the Character of the
Man you mention, together with his Expectations
Adieu,

and believe me with much

esteem, Sir your very humble servant

(Signed) Winthrop Sargent
Colo. John McKee.

To John Marshall.

No. 37. Mississippi Territory

September 5th— 1800

Anxious Sir in the extreme to preserve a good name which
in a Service of much Toil and no inconsiderable share of Peril
I had essayed to attain, I have presumed to address two long
Letters, bearing date June the 15th and August the 25th. to the
Department of State — to illustrate Public Transactions as well
as the proceedings of some of this people, and avert the CURSE
of Infamy which seemed indelibly attaching to my Official Char-
acter : Copies of those Letters have been transmitted to my most
Respected President, and I can nothing doubt a Conclusion hon-
ourable to myself and the Judges, from the due impression upon
his and your mind.

Justice will mercifully ordain that they be submitted to the
Senate — to continue our Political existence and, what is of in-

GOVERNOR WINTHROP SARGENT. 283

finitely dearer Consideration in my mind, the good opinion of
Individuals in that honourable Body, to whose Wisdom and
Virtues I render the Tribute of Reverence and Admiration. —
But when I feelingly Consider sir the Publicity of evil Report;
that an Indictment has been preferred against me before the
first Tribunal upon Earth — for Matter enough to anathematize
me in the minds of the great and the Good; and that the same
may not be traversed — a tacit acquittal is not sufficient.

To Friends of Sensibility — Connexions of acknowledged
Worth — to an August Executive whose Confidence we have en-
joyed, we owe a Public Explanation.

For an offspring in whom we are to be perpetuated, and to
whom we had Proudly Calculated upon handing down a Reputa-
tion undefiled, we must take care that the sons shall not blush
because their Fathers have been defamed. Tis therefore I most
Respectfully solicit, that to the Volume of Accusation, and pro-
ceedings of the honourable house of Representatives (crimi-
nating the Governour and Judges of this Territory) and printed
by ORDER, my Letters of Illustration may Ingenuously be
added.

We have been humiliated before our Friends and the world,
in Publications, uttered under an Authority we are bound to
Respect, and diffused to the remotest parts of the Union — To the
Equity of the same source therefore, we appeal for the Requested
mode of Exoneration.

If however in this seemingly Rational solicitation we are
not to be Indulged, the Gentleman who obligingly takes Charge
of my Letter of the 25th . . Ult. and its accompaniments, will ask
from you, a Copy threof, and that of the 15th. of June also for the
Press — Provided my Printing the same for Information of
Gentlemen of Congress and my Friends shall not to you seem im-
proper.

With every sentiment

of the most unfeigned Respect
I have the honour to be, Sir,

your obedient Humble servant

signed Winthrop Sargent

284 MISSISSIPPI TERRITORIAL ARCHIVES.

ByWinthrop Sargent:
GOVERNOUR

of the
Mississippi Territory,

In obedience to the Will of the General Government, expressed
in the supplemental Act for the Government of the Mississippi
Territory, it is incumbent on me to direct that,

Messieurs Cato West, Thomas M Green, John Burnet, Thomas
Calvet, Henry Hunter, and James Hoggett, who have been re-
turned as Representatives duly elected, should Convene upon the
fourth Monday of the present Month, 9 o'clock A.M. at the Gov-
ernment House in the Town of Natchez.

No return has yet been received from the County of Washing-
ton, and in Adams County, only two Members are returned duly
elected, tho' Messieurs Sutton Banks, Anthony Hutchins, William
Conner, Abner L. Duncan, and William Dunbar Esquire, have
their names inserted in the Return (some of them, with a Con-
siderable plurality of Votes) and are in Consequence invited to
assemble also at the time and place which has been appointed
for the meeting of the Representatives, when the said return will
be submitted to the View of Gentlemen who may be concerned
therein.

Given near Natchez

September 10th— 1800

(Signed) Winthrop Sargent

John Steele Secretary

Address by Gov. Sargent.1

The Persons Elected Representatives under his Excellency the
Governour's Proclamation of the 24th — of June having assem-

1 First address or message to the General Assembly of Mississippi Ter-
ritory.

GOVERNOR WINTHROP SARGENT. 285

bled at the Government House in the Town of Natchez agreeably
to his Notice of the 10th. . of September, were met by him, when
he was pleased to deliver to them, an address in the Words fol-
lowing Viz —
Gentlemen,

By the return of the Sheriff of Pickering County, it has ap-
peared that,

Messieurs Cato West,

Thomas M. Green,
John Burnet, and . .
Thomas Calvet,
have been duly Elected the Representatives of Pickering County.

The Sheriff of Adams County diffident of his Powers under
the Acts directing and Regulating the Elections within this Ter-
ritory— and which appear to have been very Variously Con-
strued within the same, is so indecisive in his Return, that I
adventure not to announce to you the Members of this County —

I shall however cause his Return to be laid before you.

In Washington County there has been no Election: — the
short Time permitted to forward on the Proclamation, for the
purpose was used to all possible Advantage, but some unforeseen
Casualty to the Land Express prevented the arrival timously for
a general Notification to the Inhabitants to assemble, upon the
Day which had been Ordained by Law.

Water Conveyance, then more than commonly precarious has
been also unpropitious.

I regret very much Gentlemen a Disappointment which may
possibly delay, or (what is still more unpleasant to Consider)
embarrass any immediate proceeding in the important Nomina-
tion to Congress — for even though all the obstacles arising
merely from the want of a sufficient Return of the Sheriff of
Adams County might be removed, yet you Gentlemen probably
would be extreme cautious of proceeding to Measures which may
lead to very interesting and permanent appointments within this
Territory whilst a County (which there is very little Doubt will

286 MISSISSIPPI TERRITORIAL ARCHIVES.

be entitled to two Members in this House) shall remain totally
unrepresented :

Mistake not however Gentlemen those well meant Observa-
tions— and so naturally pertinent to this Occasion, for Obtrusive
Counsel.

I am too much, and too importantly impressed by a sense of
due deference for appropriate prerogative, and Respect for that
important Character which you are now about to assume to
intrude either advice or Information:

To facilitate however the Operation of the Supplemental act
for the Government of the Mississippi Territory — as Magistrate
and Citizen, I offer myself most cordially to your service;

in the former Character, as an official Duty it is sacred and
indispensable: as a Citizen and Inhabitant of the Mississippi
Territory no one can be more interested in its General Welfare
and Prosperity:

My Fortunes are inseparably blended with your own; Upon
the Public Weal depends the well being of myself and Family
permanently established within the Government.

That the most abundant Increase of Good therefore — and full
Contentment (the Rational Consequence thereof) shall succeed
to the Change of Government we Contemplate ; — that it may be
attended with more and greater Blessings than Warmest Imagi-
nation can have portrayed is my sincere Prayer.

but I will not further adventure the Imputation of Trespass-
ing upon your important Time — or unnecessarily to arrest your
attention —

The Pressure of private concerns and avocations — so
very interesting at this season, must render you specially anxious
to enter upon your own immediate Duties and impatient of delay.

To have Convened you Gentlemen, and formally Communi-
cated the due Notice of Election in the several Counties;

To have offered the Laws of the United States, applying to
the purposes for which you are at this Time assembled — and
which will now be laid before you Constitute, I believe,

GOVERNOR WINTHROP SARGENT. 287

the Total of Executive Duties in the present Relation of the
Governour to this Honourable House.

So far Gentlemen as I have exceeded those limits you will be
pleased to ascribe to my zeal in service — to my strong anxieties
that our Proceeding upon the present and indeed every Occasion
should seem to the General Government to have been perfectly
correct.

The failure of the Election in the County of Washington, and
the Insufficiency of the Return from Adams County to complete
the number of Representatives which had been Ordained — to-
gether with such of your Proceeding as you may do me the honour
of communicating, I shall take the earliest opportunity to trans-
mit to the Department of State, for the Information of the Gen-
eral Government

(Signed)

Winthrop Sargent

Mississippi Territory Adams County and
Town of Natchez 22d— September 1800—

Oath of Office.

You and each of you solemnly swear, that you will be faithful
and true to the Mississippi Territory, so long as you continue
Citizens thereof and that you will faithfully execute to the best
of your abilities the office of Legislators.

At Request of Messieurs Cato West, Thomas M. Green, John
Burnet, Thomas Calvet, Henry Hunter, and James Hogget, I have
this 22d. day of September, attended at Government House, and
administered unto them the above Oath. — Anno Domini 1800 —

(signed) Winthrop Sargent.

Governour Mississippi Territory

288 MISSISSIPPI TERRITORIAL ARCHIVES.

To Samuel Dexter.

Mississippi Territory

October the 1st- 1800
Sir,

My communications even upon Indian affairs though more
properly perhaps appertaining to the Department of War have
generally sir, been addressed to the secretary of State, with re-
quest for their communication as might be proper — They have
been Voluminous, and contain notice of the urgency of the Choc-
taw Indians for charity — their high expectations founded upon
Letters of the American Commissioner, Mr. Ellicott — their cha-
grin, and my apprehensions from their Disappointment — that our
Planters, subjected to long continued suffering from the Devasta-
tions of the Indians Visiting in the Character of Friends, would
resist with violence the enormous reiterated Demands upon their
property, and make of them open and avowed Enemies.

I have presumed to advise, that certain Stipulations should
be entered into — that some annual allowance should be made
them, either in consideration for Lands, or as charity, and in ful-
filment of the promises which Mr- Ellicott had made.

I have pointed out some of the Inconveniences — the Misfor-
tunes which may accrue from the System of Indian Regulation in
the Southern Department.

That the Governour being the Lawful superintendent, in Vir-
tue of his (Controuling) Powers may thwart the best dispositions
of Colo. Hawkins — that the acts of the United States which had
taken away his Supremacy as principal Indian Agent, in the
event might deprive Government of the services of a most Re-
spected Character, and eminently Calculated for his situation
amongst the Creeks — that legislative interposition seemed to
me essential to Continue him, and prevent the clashing between
us.

Colo. Hawkins Communicates with the Choctaw Indians en-
tirely independent of the Governour of this Territory — He has

GOVERNOR WINTHROP SARGENT. 289

the Power I believe to Constitute agents under him who have
not the obligation to Report unto me, as has been ordered for the
Gentlemen appointed by the President to the Choctaw Nation,
and with all the Responsibility of superintendent "ex officio" of
the whole southern Tribes.

I may not only be uninformed of the affairs of distant In-
dians, of Consequence for me to know, but of the Choctaws also,
and in matters highly important to the safety and welfare of the
Territory — Colo- Hawkins nor the agent with the Chickasaws,
or Cherokees — or a Mr. Mitchell appointed I believe by the
Colonel and itinerant (it seems) report unto me, though the
Indians with whom they are Resident, are not unfrequently stir-
ring up sedition among the Choctaws. — Application has lately
been made unto me for the Recovery of some Negroes, plundered
a few years since and taking refuge with the Garrison at the
Chickasaw Bluffs1 — They were claimed by the Cherokee Indians
— the matter laid before me by the Commandant of the Regu-
lar Troops within this Territory for adjudication, and about the
same Time Submitted by the officer at the Bluffs to an agent
with the Cherokees — I had only Time to suspend a decree which
I had then thought proper, and which I embraced to prevent un-
favourable impression upon a people apt enough at finding out the
imperfections of a System which has full oft I believe subjected
them as well as the United States to Imposition.

I had flattered myself in Consequence of some Communica-
tions long since received from the General Government, that this
subject would have received the due attention — Hope is revived
Sir, under your administration, and I trust that to the Responsi-
bility of Superintendent if Continued to be attached to the Office
of Governour the necessary accompaniments will be added.

Policy seems to dictate that the Officer who should preserve
an Influence in Peace and War over the Indians should be Con-
sidered by them as the Fountain of all their Good, or at least

1 Present site of Memphis.
19

290 MISSISSIPPI TERRITORIAL ARCHIVES.

the Channel through which Charity, the Donations of Govern-
ment are to flow — but the reverse of this has been Observed —
Subaltern — Noncommissioned Military Officers — in some in-
stances, who were here to day and gone to morrow, whose Influ-
ence with Indians could nought avail Government have been sup-
plied with the means of feeding and clothing them, whilst the
legal Superintendent could not command for them a single
Ration — That practice however it appears has of late been re-
strained, but some PRESENTS, I am informed are now
ordered immediately to the Choctaw Indians to the disposal of
the Agent, of which it seems to me, I should have been advised
from the proper Department — Indeed sir I presume to believe
that all affairs whatever of the Indians over whom I am to retain
a Superintendency, should be managed through me, for otherwise
in Justice, I ought not to be Responsible. —

Agents though appointed by the President, under particular
Circumstances, perhaps might be suspended by the Superintend-
ent— our Distance from the seat of Government the Reason — I
have had Occasion formerly to Complain of one for aiding an
offender to escape from the Justice of this Territory.

The motive for this Address being the Public Weal, I assure
myself you will pardon my so long engaging your attention,
I have the honour to be sir,
most Respectfully,
your obedient, humble servant,

(signed) Winthrop Sargent.

The Honourable Secretary of War

To the Speaker of the House of Representatives.

Cottage Bellemont Plantation
Morning of October 3d— 1800
Sir,

I acknowledge your Notice of the opinion of the honourable
house of Representatives, "that the Election of the Member

GOVERNOR WINTHROP SARGENT. 291

from Washington County has been illegal, with the Recommenda-
tion that a Writ of Election should Issue to provide for the at-
tendance of a Member at the next session"

My Copy of the supplemental Law for the Government of the
Mississippi Territory being now before the house, I can not Con-
veniently refer thereto, but if my memory serves me, the Powers
which had been delegated to the Governour for the issuing of
Writs of Election, are abrogated by that Law —

Should however, the Territory, in the opinion of the house,
be liable to Injury or Inconvenience — or the advancement of
the new order of Government retarded, by the delay which a ref-
erence to Congress would necessarily Occasion, I will concur in
Recommendation to the people of Washington County for a New
Election, and earnestly solicit that the Measure shall be legal-
ized— Under my present View of the Business, this sir, seems
all that I can do, without an assumption of Power, which my
own Judgment would Condemn, and which the Wisdom of the
house I am sure, could not approve — I have the honour to be,
Sir,

your most obedient,

(signed) Winthrop Sargent
The Speaker

of the honourable house of Representatives

To Gov. Sargent from the Speaker of the House.

Natchez Representative Chamber
3d., of October 1800—
Sir,

The house received your Excellency's Polite answer to their
Message of Yesterday Respecting the Election of a Member for
the County of Washington, and from your proposals of Recom-
mending to the people of that County, to hold a new Election for
that purpose, and of your laying it before the General Govern-

292 MISSISSIPPI TERRITORIAL ARCHIVES.

ment in expectation that it may be Legalized, which Proposition
hath induced the House to presume that it may be equally Con-
sistant to Countenance the Election already held.
I have the honour to be sir your
Excellency's

Most obedient Humbl-
Servant —
His Excellency Speaker *

Winthrop Sargent
Govr. . Mississippi Territory —

The foregoing was handed to the Governour by Messieurs
Hutchins, and Burnet of the house (omitted to have been signed
no doubt accidentally).

The Governour Verbally Replied that the honourable house
must have misunderstood him in supposing he had proposed the
Recommendation for a New Election and with the Expectation
it might be Legalized, for he had only intended an assurance
of Concurring with the house in such Measures as emergency
should seem to them to demand —

That if a Request was made unto him in form to solicit the
Legalization of the Election already had, it would be a duty to
lay it before the General Government but there was in his view
a Very essential difference between the same and such as might
be obtained upon the Concurrent Recommendation of the house
and Governour in evident disposition to meet as fully as possible
the seeming intention of the Law to Regulate Elections within
the Territory —

This Measure at the Time appeared to have the full approba-
tion of Mr. Burnet, but of the proceedings of the house there-
upon, the Governour has not been informed.

1 Henry Hunter was Speaker of the House.

GOVERNOR WINTHROP SARGENT. 293

To Judges Lewis1 and Bruin.

Bellemont Plantation

October 4th— 1800—
Gentlemen,

From a statement made unto me by Captain Vidal Command-
ing his Catholic Majesty's Post of Concord it seems that a Mr.
Philip Nolan of this Territory, is preparing to enter the Province
of Louisiana in a Manner that may disturb the Amity subsisting
between the United States and Spain, and which Duty, as well
as sound Policy, dictate unto us to preserve —

Under the Apprehension of Political Evil it is Wisdom I
believe to use preventives, in which Faith, I inclose unto you,
Captain Vidals Statement, nothing doubting your disposition to
pursue the most Energetic Measures to preserve peace to our
Country and the Dignity of Government —

I will thank you Gentlemen to acquaint me with your Pro-
ceedings in the Premises, as soon as is Convenient, and am,

with very much Respect,
Gentlemen,

your obedt. Humbl. servant
(Signed) Winthrop Sargent
Honourable Judges, Lewis & Bruin.

Appointments.

The Court of General Quarter Sessions for the County of
Adams having Recommended to his Excellency the Governour,
Joshua Howard & Anthony Hoggett Esquires as proper to be
appoint Inspectors of Cotton Gins &c — were by him approved
and Commissioned accordingly the 6th. . day of October 1800 —

He was pleased also to appoint John Peirce Esquire Coroner
for the County of Washingtin (Vice John McGrew Esquire who
declined accepting the office) to whom he granted a Commission
in the usual form dated the 6th . . of October 1800 —

1 Judge Seta Lewis, of the Supreme Court

294 MISSISSIPPI TERRITORIAL ARCHIVES.

To Jose Vidal.

Mississippi Territory
Bellemont Plantation Oct. 8. 1800-
Sir

In Continuation of that uniform system which has been pur-
sued by our Government to preserve Amity between Spain and
the United States, I immediately laid your Statement of the 4th . .
instant before the Territorial Judiciary. — Mr. Nolan1 has in
Consequence been Commanded before them, but the allegations
against him, not being supported, he was discharged by their
honours —

I am happy to be informed that this measure with Mr. Nolans
assurances that he had no hostile intention towards Spain has
fully satisfied you as to the Proceeding of the Judges and myself
in behalf of our Government — and the Justice due yours.
I am sir,

with much Esteem
your obedient

humble servant
Captain Vidal (signed) Winthrop Sargent

Post of Concord Louisiana —

To Henry Hunter.2

Friday Morning 10th. . of Octr. 1800—
10 OClock A.M.
Sir

I have just now been favoured with your letter of Yesterday,
asking in the name of the Honourable house, that their nomina-
tion for the Council.3 should be transmitted by me to the Sec-

1 Philip Nolan was charged with a filibustering expedition against Spain.
He lost his life in 1801 near the present site of Waco, Texas.

2 Speaker of the House of Representatives.

8 The Territorial Council was appointed by the President, on nomination
of the House of Representatives.

GOVERNOR WINTHROP SARGENT. 295

retary of State; and I request you to assure them, that I will
Comply therewith.

This Letter has been Accompanied by Notice from the Hon-
ourable House of my address of the 22d. Ult: with an apology
for delaying attention thereto, but which was unnecessary, be-
cause I have not been uninformed of the Embarrassments of Gen-
tlemen, and have the Disposition always to apply the most favour-
able constructions.

Am at a Loss to know the Intention of the Honourable House
in Stating to me, upon such an Occasion, that Misrepresentations
have been made to the General Government of Members in their
honourable Body — it Certainly cannot apply to my address,
which is replete of Conciliation, and the most profound Respect
— no Cause for Crimination I had fondly believed.

The Returns of the Sheriffs — and Certain papers Relative to
Colo. Hutchins, appertain to the Secretary's office, and tis Re-
quested may be Returned.

I have the honour to be,
Sir,

with due Consideration,

your very humble servant,
Colo. Henry Hunter (Signed) Winthrop Sargent.

Speaker of the Honourable
house of Representatives —

To John Marshall.

No. 38- Mississippi Territory

October 13th— 1800—
Sir

In the Common order of Communication through the terri-
torial Secretary, Congress might remain uninformed of the Prog-
ress in the second Stage of Government that they have ordered
during the whole of the coming session, which under exist-

296 MISSISSIPPI TERRITORIAL ARCHIVES.

ing Circumstances of no inconsiderable Discontent, that I verily
believe as growing into Consequence, it is my Official Duty to
provide against, and keep them advertized of Public proceeding
interesting to all this people, and which I shall endeavour to do,
in manner as little tedious as my situation will admit.

The enclosed papers Sir, perhaps may better effect the Inten-
tion than any narrative of my own — and I take leave to preface
them with Notice that I did not receive the supplemental Act
for the Government of the Mississippi Territory, until the 24th —
of June. —

No. 1. Is my Proclamation for the Elections in the several
Counties — I took the advantage of a Return Express to the
Choctaw Nation (in the Spirit of that Economy which has been
ordered for me) to transmit it to Washington County, and but
that his horse died upon the way the same would have been in
season.

No . . 2 — The returns from the Sheriffs of the several Coun-
ties.

No. . 3, — Contains Papers A,B,C,D,E, important to the Pri-
vate, as well as Political Character of Mr. Hutchins one of the
Candidates of Adams County, and which were submitted to the
house in Connexion with the Sheriffs Return, — Mr. Banks, an-
other of the Candidates, the Sheriff did not return as a Represen-
tative, because he adduced no Proof to have been a Citizen of
the United States the Required Time, or that he was qualified by
property — to the House he produced a Deed for two hundred
Acres of Land but the Acknowledgement bore date two days only
antecedent to their sitting, and of Course, long subsequent to his
Election, — Those Gentlemen are declared by the House to be
Representatives, but they have not Acquainted me, upon what
Principle they were Admitted.

No . . 4, — Is my Notification to those Returned as Representa-
tives to Convene upon the Day which had been ordained by Law —
as also an Invitation to the Candidates generally to assemble —

GOVERNOR WINTHROP SARGENT. 297

Mr — Dunbar1 however declined, expressing to me that he could
make no Claim, probably because he had never been a Citizen of
the United States, and our District was not of three years
standing.

No . . 5 — My address to the House of Representatives.

No . .6 — Letter from the Speaker announcing the Member
from Washington County illegally Elected, and Recommending
to the Governour to issue a new Writ of Election.

No. 7 Governours Response to No. 6 proffering to concur
with the house in recommending to the people of Washington to
make a new Election and solicit Congress to legalize the same,
provided in their opinion the Measure was essential to the Inter-
ests of the Territory.

No. 8 — Letter from the Speaker, signifying the opinion of
the House, that it might be equally Consistent, in Congress to
legallize the Election already had, as any that should be made in
Consequence of the Recommendation proposed — with the Gov-
ernours sentiments upon the distinction, Expressed to two of the
Members, who had waited upon him with this Letter, and which
has since been committed to Writing — The Washington Mem-
ber Returned home before the close of the session, and no Com-
munication has been made by the house to the Governour of the
mode proposed to obtain the Representation from that County —
Mr. McGrew the Gentleman elected has had no agency in Busi-
ness before the house — so he has declared to the Governour.

No. 9. A Letter from the Speaker to the Governour, enclos-
ing a nomination for the Legislative Council, Requesting that it
might be transmitted to the Department of State.

No. . 10. . The answer of the house of Representatives to
the Governours Address.

No. 11. A Letter to the Speaker acknowledging to have re-
ceived the the nomination for the Council, with assurance that it
should be transmitted agreeably to the Request of the house — In
this Letter I could not but notice to the Members some very dis-

1 William Dunbar.

298 MISSISSIPPI TERRITORIAL ARCHIVES.

cordant matter in their Response, and foreign to the Conciliatory
Intention of my address.

With a great deal of Cause for displeasure, at some of the
Characters in the honourable house, upon their misrepresenta-
tion of myself and the Judges to Congress as Committee men,1
I essayed to sacrifice every feeling the natural Consequence there-
of and which might militate aught against the Public Tranquil-
lity; and right happy should / have been, to have been met by
the Disposition to harmonize.

In this Communication sir it may be proper for me to note,
that in Adams County, the number of Voters for Representatives,
have been stated to me one hundred and fortytwo, in Pickering
County, ninety two, and in the County of Washington seventy-
two.

I have the honour to be sir,
with high Respect
your most obedient

humble servant,
(signed) Winthrop Sargent
Honourable Secretary of State,

To William Dunbar.

Cottage Bellemont Plantation
20th— of October 1800—
Sir,

I have delayed to Respond to your Letters of the 22d. Ult:
and 12th — Instant, announcing your intention of Resigning the
offices of Presiding Justice of the Court of General Quarter Ses-
sions of the peace, and Judge of Probete, to give Effect to the
opinions of your Friends and the Friends of Order, upon a
Measure that must be attended with very injurious effects to our

1 Several members of the House had been members of the West Com-
mittee.

GOVERNOR WINTHROP SARGENT. 299

little Community and, which, diffident of your own abilities, you
seem not to be enough aware of.

I can readily admit, and I am sure no man will more Regret,
that your Official Duties must interfere with the laudable pur-
suits of science — Studies pleasurable to yourself, and acknowl-
edgedly of much Public Utility. —

That a young family, most deservedly dear to you, have strong
Claims upon your Attentions, and that the unjustifiable attacks
so notoriously made upon you for the Conscientious Discharge
of Territorial Obligation is strongly marked with base ingrati-
tude for the services which I bear Testimony you have rendered
to this Infant Country —

But consider Sir, who are to be affected by your Resignation
— May not the Example be followed by almost every man in
office? The Malevolent and the licentious would, no doubt be
well pleased, but the peaceful Citizen, — the Friends of Good
Government, and which I trust are a Majority within the Ter-
ritory, would feelingly lament your withdrawing yourself from
the Bench, at a crisis more than Commonly urgent for Virtue
and abilities in Office.

The Murders Robberies and other Enormous Crimes Commit-
ted within this Territory — and which have far exceeded any
thing within my Observation in much more Populous Countries,
imperiously Command the Collected Wisdom and Energy of the
Government to Suppress.

Those important and Melancholy Truths are solemnly submit-
ted for Consideration, and in the Result, with your Determination
I shall accord.

I am truly sir,

with Continued Esteem,

your Obedient humble servant,

Signed Winthrop Sargent
P.S.

I have herein as you will Observe my Dear Sir, Departed
from a general Rule " to press no man to Continue in Office,"

300 MISSISSIPPI TERRITORIAL ARCHIVES.

but I stand justified to myself, by a sense of Duty to the Public,
and the Loss they must unavoidably sustain, from your Resig-
nation in the present Moment.

(Signed) Winthrop Sargent
William Dunbar Esquire

To John Marshall.

No. . 39. Mississippi Territory

October 21st— 1801 (1800)
Sir

I take leave to transmit you the Copy of Presentments made
by the grand Inquest at the last Session of the Supreme Court,1
in order that the Sentiments of no inconsiderable part of the
most Respectable Characters in our little Community, may be
thus Communicated to the General Government if you shall
deem proper —

I will not dilate upon the Merits and Consequences of the Gen-
tlemen making those Presentments or the former Ones, that have
been laid before Congress by a Mr. Hunter (In the original Pre-
sentments, a Copy of which is in the office of the Secretary of
State — Congress — the Laws of the United States — the Gov-
ernour as Executing those Laws — with a vast Volley of &cs- are
all presented as Grievances) — apparently trimed for party pur-
poses, and Published at the Seat of Government by Authority —
Enquiry which seems the unavoidable Result, will no doubt Class
man and Matter in their order — and I verily believe that there
are but few Characters indeed, with any just Pretensions to
Consequence from the Endowments of Nature, or any Adventi-
tious Causes, and who were Signers to the Jury Representations
(so partial a Published Statement of which has recoiled upon us

1 These documents will be found at pages 47-50 of "Papers in Relation
to the Official Conduct of Governor Sargent."

GOVERNOR WINTHROP SARGENT. 301

in this Country) that do not most fully Accord in the propriety
and Justice of the Enclosed Presentments.

By this Post Sir I have sent on a nomination for the Legis-
lative Council of the Territory, made by the house of Representa-
tives, and I think it a Duty to observe that there seems an un-
necessary, as well as general lack of the Attributes which the
very name implies as essential to the Office — an Evident inten-
tion to exclude Men of sense and Letters — Melancholy Consid-
erations indeed, to myself and those, whose lives and Fortunes are
thus Jeopardized.

I have the honour to be sir,
Most Respectfully
Your obedient

humble servant.

(Signed) Winthrop Sargent
The Honourable Secretary of State

To Henry Hunter.

Grove Plantation
Evening of November 12th— 1800—
Sir,

A Hand Bill addressed to the Public, signed by every Member
of the House of Representatives, and formally transmitted to
me this Morning by one of the Honourable Members, I am not at
Liberty to Consider a Dead Letter, but in my sense of Duty, am
bound to notice.

Virtually as a house, those Gentlemen have assumed to make
Statements which to my View, imply a Complete Management of
the whole Legislature, and which no human Authority Could
vest in us collectively, but with a Lease of Lives and Places, dur-
ing the Temporary Government; My silence might possibly be
construed into fullest assent, and implicate me in severest Cen-
sure, for though the Gentlemen do not announce themselves as

302 MISSISSIPPI TERRITORIAL ARCHIVES.

a Branch of the Legislature, yet if there be any distinction, it
seems to me without a Difference.

They are undoubtedly the proper Guardians of their own hon-
our and Conduct, but nevertheless, will not I trust take it amiss,
in a Communication intended only for themselves, that I should
observe it has always been Considered derogatory to the Dignity
of Public Bodies, to notice anonymous writings, in the style and
Manner of the Hand Bills, — it opens a broad Avenue to Retort
and Satire, with many other obvious and unpleasant Conse-
quences.

The writer in "Greens impartial Observer" undersigning him-
self " a Friend of the people," is to my View incorrect. Every
prudent Man I believe makes his Calculations of Expense that
may be incidental to undertakings in which he is materially in-
terested, whether they be of a Public or private nature, and gen-
eral Experience has shown, that such Estimates too often fall
short of Actual Charges; under this Rule I have myself counted
Costs, with much Data from the Operation of the second Grade
of Government in the Northwestern Territory, and which though
otherwise attainable by the Members of the Honourable House,
I cannot upon the present Occasion forbear offering in the Aggre-
gate— It amounts to full information, and from a very Respect-
able Member of the Legislature of that Territory, that an Esti-
mate, (not including the Expense of a Member to Congress) and
equal to twentyfive thousand dollars, had been found inadequate
to Exigencies, and as our Citizens seem now in the high Road of
Enquiry, this will probably soon become matter of notoriety.

I will only further add, that the Compensation to Territorial
Representatives from a Treasury upon which they can have no
Claim, is believed to have been Admitted upon the Principle of
Charity, the Incompetency of the People to the Expense, and that
the second Grade of Government, was the Effect of the General
Ordinance — not a special solicitation from a Country boasting
of an annual Income of seven Hundred and fifty thousand Dol-

GOVERNOR WINTHROP SARGENT. 303

lars — "extremely anxious of a Legislative Assembly, and entire
Competency of Resources."

I have the honour to be sir,
with unfeigned wishes for
such Measures as shall produce
most general contentment,
and Respect for yourself,
your obedient
(signed) Winthrop Sargent
Colo. — Hunter Speaker

of the house of Representatives

To John Marshall.

No. 40- Mississippi Territory

November 12th— 1800—
Sir,

In conformity to an order of the Court of General Quarter
Sessions of the peace of Adams County the Enclosed Present-
ments have been laid before me — Requesting if I read them
right, that a statement of the unhappy situation of this Country,
in Consequence of the Supplemental Act for our Government,
should by me be Respectfully offered for the Consideration of
the honourable Congress — nothing doubting, that they may be
graciously pleased to suspend the operation of the same, until
the second stage or Order of Government, shall sufficiently ap-
pear to be the wish of a Majority of our Citizens.

I have ever Considered it a Duty sir to keep Government cor-
rectly informed of the Disposition, and the Conduct of the People
over whom I preside, and under such impression, have anticipated
almost all the Wishes Expressed in the accompanying Present-
ments, as well as those of the Grand Inquest, at the late Term of
the Supreme Court, and which I had the honour to transmit by
the last Post.

304 MISSISSIPPI TERRITORIAL ARCHIVES.

The Notification whence originated that select Committee, the
minority of whom have so unwarrantably assumed, not appearing
with the Copy of Petitions and Papers borne by Mr. Wests ac-
credited agent to Congress,1 I take leave now to forward — for
so I Conceive to be the desire of the Grand Inquest.

It came to my View through the Medium of an officer of Gov-
ernment who informed me that it had accidentally fallen into
his hands, and he deemed it an indispensable Duty to make me
acquainted with such extraoridinary procedure — he, probably
had in View, the Indecorum thereof, as well as the very short
notice for a general Convention — this was two days only before
its operation, and as I have upon a former Occasion stated to
you sir, I have good and sufficient reason to believe that a very
Considerable Proportion of this People were not so early, or
indeed ever advertized —

The object of the notification it is observed, could not by any
fair means to be construed to extend to a Change of Government,
and hence is adduced an Inference, that better to Mask the usur-
pation of Authorities the same had been kept back from the View
of Congress, and the Petition to that honourable Body is believed
to have been very little understood within the Territory, until
much Lapse of Time from its Effect with the general Govern-
ment, when it seemed Insultingly published in our Gazette, to
the no inconsiderable Mortification of a very Respectable Class
of Citizens —

A Copy had been furnished me as I have noted once before,
a few Days after the original had been taken on by Mr- Hunter,
but the adverse and discordant Passion, which it seemed Calcu-
lated to inspire prevented my communicating to more than very
few Gentlemen who Confirmed the sentiment of its very partial
Circulation, and I think it a Duty to add that the means of

1 This important presentment of the Grand Jury of the Supreme Court
of the Mississippi Territory does not appear in Claiborne's account of the
charges made to Congress by the West Committee. The Grand Jury de-
nounces Narsworthy Hunter, and the second grade of government. It was
presented at the October term, 1800.

GOVERNOR WINTHROP SARGENT. 305

making it general through the Press were amply within the
Power of the Committee, seasonably enough to have afforded an
opportunity for objection to have found its way to Congress if
such had either been the wish or the Intention.

In my Communications to the Department of State of Novem-
ber 1799, and sundry other Letters I noticed a Retrocession of
most Respectable Characters from this Committee that in every
Point of View the Territory seemed unfitted, and generally unas-
piring to the Change in Government which the few might be
about to solicit, and it is the sentiment of almost every Rational
Man with whom I have Conversed, that had Congress but Post-
poned to act upon Mr. Wests Representations, the good sense and
Conciliatory Conduct of the Majority would have long ere this
prevailed to Establish due Order and Regulation — a happy
Confidence in the Laws which should have operated as preventive
means against the Manifold and enormous Crimes which in so
uncommon a Degree has Disgraced our Infant Country — and
that a full share of Peace quiet and general Contentment would
at this Time have been the blessed Consequence.

A very worthy and Influential part of the People of the Mis-
sissippi Territory- many of whose names are found in the Lists
of the Grand Juries making the late Presentments1 — Under
the Command of habits acquired in a Government where they
were per force supine, and deeming also, perhaps too Contempti-
bly of Mr. Wests Committee and agent, had hitherto been silent,
but in the late Constitutional opportunity which has been afforded
and the imperious Exigency of the Times — Convinced that they
were the proper Organ of Communication from the most Popu-
lous and the most Wealthy County in the Territory they have
with fullest Confidence in the Justice and Parental attention of
the General Government respectfully taken leave to present their

1 The names of William Dunbar, William G. Forman, Thomas Wilkins,
David Ferguson, George Cochran, George Overaker, J. Hutchins, William
Scott, F. Zerban, Philander Smith, Henry Turner, Charles Todd, John Minor,
John Wilson, Benajah Osmun, Daniel Douglass and James Nicholson are
signed to the presentment of October, 1800.

306 MISSISSIPPI TERRITORIAL ARCHIVES.

wishes, and their apprehension upon an Act which they solemnly
profess to believe will tend to depopulate our Country, most Ear-
nestly soliciting, not that the minority in Wealth, understanding
and Numbers may be supremely gratified, but that the operation
of the Madate shall be suspended till a change may be demon-
strated as the Wish of a Majority of the People —

It has been urged say these Gentlemen in Favour of this
deprecated Order of Government, that former Presentments of
Grand Juries (arrogantly Censorious of the very highest Author-
ity and Executive Conduct, since Virtually confirmed by that au-
thority to have been correct) "W a s undeniable Evidence that the
"change must be consistent with the wishes of the People — es-
sential to their Welfare, and truly congenial to the best interests
"of the General Community:" and as there can be no Doubt those
Presentments had abundant Effect, we feel ourselves fully Au-
thorized to submit the sentiments of subsequent Juries, composed
of men, some of whose Characters and Respectability certainly
shall not be diminished by Comparison, as strongly expressive
of the most Earnest Wishes of our Citizens.

Amongst other reasons Sir, which should perhaps operate
to a retrospection of the "Act" for this Country, is the inequali-
ty of the provisional Representation, produced either from Ig-
norance or unfair intention, which as it must continue until we
have five thousand free male Inhabitants, would no doubt become
a new, and plentiful source of Disquietude.

Adams County it is believed contains at least one third more
souls than Pickering, and twice as much wealth as the whole
Territory beside ; yet is entitled only to an equal number of Rep-
resentatives with Pickering County — and Washington only one
Member, when in the due Ratio with Pickering County it is
presumed, as no Census had been taken, they ought to have two.

In the first named Counties, populous as they have been stated
to Congress, the whole number of Electors did not exceed two
hundred and thirty six — Men of Character, and property — pro-
fessional, Commercial and others have been excluded from Vot-

GOVERNOR WINTHROP SARGENT. 307

ing by the deficit of Landed Property which the present Pro-
visional Law requires — English men Spaniards and Apostatized
Americans, it is mortifyingly believed, are with a few exceptions,
-he only Persons entitled to this Privelege.

I do not myself admit the full force of apostacy applying to
ill my Countrymen here — there may be causes to have Justified
;he Migration of some amongst them, but I am not Chatholic
anough, to View with entire Complacency, those who have aban-
doned their America in Peace or War — Such men I scrutinously
scan, as Time and opportunity may permit; my Confidence to-
wards them is of slow Growth, but in some few instances it has
been found due to Patriotizm in Exile.

In my Letter of the 21st- of October No. 39 I presumed to
observe to you that there seemed an unnecessary lack of abilities
in the nomination of our Legislative Council —

The honourable house of Representatives in their Response
to my address have very candidly vailed for Abilities and decern-
ment, and in equal Candour it is believed, that the honourable
Council should Vail to them —

No man in either of the two Branches of the Legislature Con-
templated will I presume make pretentions to reading in Juris-
prudence, and it seems too generally Credited for Confidence in
the house, or the Contentment of this People, that there had been
an avowed intention to exclude from the Council "Book Learning
with the knowledge of schools," and it will not be denied I pre-
sume, that the nomination which I have had the honour to trans-
mit, goes great lengths to confirm such Opinion.

A Mr. Ellis and Mr. Binghaman,1 who are upon the List, enjoy
I believe a considerable share of public Esteem — they are men of
Wealth, and to my View worthy Members of society, but lacking
the essential qualification of Legislators — their studies and pur-
suits, seem to have been turned to more peaceful, and more ad-
vantageous purposes, than Legislating in this Territory, — They
will not however it is said consent to be in the Commission of the

1John Ellis and Adam Bingaman.

308 MISSISSIPPI TERRITORIAL ARCHIVES.

Council, for they understand that they were nominated to be
managed, and are sufficiently sensible of the indignity.

Abstract from the Request Sir, that I should state "to Gov-
ernment the real situation of this Country as affected by the ill
timed Change" it is certainly incumbent upon me to notice spe-
cially the Character and Qualifications of such of their servants,
as might collectively have it in their Power to promote or injure
the General Weal.1

My Letters numbered 33- and 36 written in Defence of the
aspersed Conduct of Judges and Governour, and which I could
wish to be read in connexion with the late and Present Present-
ments— as far as they shall be accredited, will go to shew an
apparent lack of Candour and Integrity in men since elected
Members of the house of Representatives — and the Papers
marked No. 3 in the Letter Numbered 30, which evidence so ex-
traordinary a Degree of Duplicity, in the Conduct of a Mr.
Hutchins2 upon the Interesting Subject of Land Titles, and
which were submitted with the Sheriffs return to the house —
having established a very uniform and general sentiment upon
his Foreign Engagements3 must destroy all Confidence, in those
who have Confirmed his Election, for by the same parity of pro-
ceeding it is inferred, they might Constitute a Complete British
or Spanish, instead of an American Representation. —

Mr. . Hutchins I am told, has been found under the several
Governments of this Country heretofore a very active Engine of
Mischief and is also Represented to me from Respectable Au-
thority, as unceasingly essayed by insidious arts to oppose the
present administration, and attach an Odium to the Character of
the Public servants in this Country — Military as well as Civil —
This Conduct towards the Governour, and which in his Repre-
sentative Character is of late sometimes shamefully demon-

1 The first members of the Territorial Council were Adam Bingaman,
John Ellis, Flood McGrew, John Stampley and Alexander Montgomery.

2Anthony Hutchins.

"Anthony Hutchins, at the time of his election to the Territorial Legis-
lature, was a pensioner of England. In order to take his seat he was re-
quired to relinquish his pension.

GOVERNOR WINTHROP SARGENT. 309

strated, is the Effect probably of having been deemed ineligible
to Commission in the spirit of our Constitution, and the Obvious
propriety of Excluding all Foreign Influence — With such a Rep-
resentation then Sir, which seems fully established in the Prem-
ises to be not only wanting in Abilities &cs- but very partial, the
prospect would be Gloomy and alarming, though our Wealth was
even fully adequate to the Expense. — But 'tis not true that our
Fortunes are prepared for the additional assessment which to the
second Stage of Government will inevitably accrue — The Pro-
portions of the 6040 Dollars, though Prisons and Public buildings
were acknowledgedly necessary — and it was believed the Tax
would not be repeated, have produced much dissatisfaction and
murmuring — and are pronounced by Gentlemen of Information
candour and Veracity to be Extreme burthensome by a Compari-
son with practice, and usages in the United States. — The Quota
thereof, and additional Charges in support of the new Govern-
ment which is to be borne by the few who have been so active for
the change, will be in some Measure illustrated by the enclosed
schedule* — that may likewise serve to demonstrate in a Degree,
how very little of the Wealth has been Operative in this insidi-
ous, and I verily believe unpopular Business also

The pecuniary Effect which "the supplemental Act " for our
Government must no Doubt have upon the minds of the Respecta-
ble Representatives of property from the Grand Juries who have
come forward with the late Presentments is not, as I trust I have
sufficiently explained, the only source of Disquietude and anxie-
ties, though that in itself, under the present Circumstances of
very many of the Inhabitants, would be indeed distressing.

Upon this Subject as a Planter — with a Considerable Pro-
portion of those Debts which I have before stated to you, as hang-
ing over the heads of this People, and implicated in an Equal part
with the aggregate number of Mr. Wests Committee from Adams
County, I could speak most feelingly — but on the present Oc-
casion, I Consider myself merely as the Organ of the Juries —

* See next document.

310 MISSISSIPPI TERRITORIAL ARCHIVES.

My statement is intended in perfect Conformity to the spirit of
their Request, as it has appeared to my View in the Copy of their
Presentments, transmitted to me by the honourable Court, — and
it will be candidly acknowledged I trust by the Territory at large,
and can not be unknown to the General Government, that I have
liberally and and uniformly tendered myself, as in Duty bound, to
make known to that Government all the Reasonable Wants and
Wishes of this People.

I have the honour to be,
Sir,

with most Respectful

Consideration
your obedient

humble servant
(Signed) Winthrop Sargent
The Honourable Secretary of State

Schedule alluded to in the foregoing.

Comparative View of Taxes paid by the Members of the
Grand Juries at the October Term of the Supreme, and November
Term of the inferior Courts Adams County and Representing the
second Grade of Government as a Grievance — with those of Mr.
Wests Committee, of the said County who had Petitioned for that
Grade — being nearly half the number of the Committee.
The whole Estimate was . . Dollars . . 6040.
The Members of the Grand (Jury) at-
tending the Supreme Court pay. . . . 600

Ditto of the Inferior Court 400

Members of Mr. Wests Committee only 120
The above statement has been taken from the Lists of the
assessors, and though not descending to detail, is believed to be
very Correct — My own Proportion of the 6040 Dollars amounted
to 1191—

(signed) Winthrop Sargent

1 The Governor is here drawing a comparison of the amount of taxes
paid by the members of the grand jury and the West Committee.

GOVERNOR WINTHROP SARGENT. 311

Circular Letter to Slave-holders.

His Excellency the Governour was pleased to write the fol-
lowing Letter, and in pursuance of his direction, near one hun-
dred Printed Copies of it, were addressed to Respectable Charac-
ters, and slave holders, within the Mississippi Territory.

Mississippi Territory
Grove Plantation Novr. 16th 1800
Sir,

I believe it a Duty to Communicate to the Officers of the Ter-
ritory, and Slave-holders within the same, that an intended In-
surrection amongst the Negroes of Virginia, (in which fifty thou-
sand were to have rose in Arms) is said to have been lately dis-
covered, and that six of the Principal Blacks are already Exe-
cuted at Richmond — but my Correspondent observes, that this
alarming Business probably had its origin in foreign influence,
and was intended to extend throughout the United States — to
reiterate the horrid scenes of Rapine and Murders, which have
been Practised in the French Islands — though the Chief and Vil-
lanous agents had not been detected at the time of his writing.

It is almost unnecessary sir, after the preface of this interest-
ing Communication to Recommend, to your prudence and under-
standing the utmost Vigilance to your own and the slaves of your
neighbours — or to suggest the impolicy of unnecessarily alarm-
ing them, by informations upon a subject which mild and wise
Treatment may happily long keep from their Views and wishes.

Violent assaults upon the overseers of Mr. Lintots and Mr.
Moores slaves, and the severally wounding one or both, I believe
may be judiciously urged as the motive for extraordinary Circum-
spection in the present Moment, and to Completely enforce the
Law against slaves retaining any Kind of Weapons.

Upon this occasion it seems more than usually incumbent
upon me to demand from the officers Civil and Military — and
all good Citizens, according to their Respective Duties, to use
their best endeavours to produce perfect submission to the stat-

312 MISSISSIPPI TERRITORIAL ARCHIVES.

utes for the Regulation of slaves within the Mississippi Terri-
tory.

They will please to Remember that upon Saturday Evenings
and Sundays when the Negroes of different Plantations assemble,
devising means for excess in strong drink and frequently mixing
with such as have of late been introduced amongst us (some of
whom, it is more than probable have been actors in the Bloody
scenes that have already devastated whole Countries,) we should
take extraordinary care to provide against impending Mischief:
— Their Quarters and places of Rendezvous should at such times
be particularly attended to by the proper persons — and in the
approaching holydays, and whenever indeed it may be deemed
necessary, the Military Officers will be pleased to use the Ample
Provision of Patrols and Guards which the General Orders have
Authorized to their discretion.

Characters arriving within the Territory, whose pursuits are
doubtful should be immediately reported to the Governour — or
some of the Officers in Commission for enquiry and investigation.

A strict observance of such Rule might be the happy preventa-
tive means of much and fatal Evils.

(Signed) Winthrop Sargent
Governour
Mississippi Territory.

Bernard Lintot Esqr — William Dunbar- Esq. &c &c —

To Lyman Harding.

Natchez November 18th. . 1800
Dear Sir

The Presentments of the Grand Jury in which I have been so-
licited to make Certain statements for the View of Congress,
might be very much facilitated by the Kindly Aid of Mr West,
and which there can be no doubt he must feel himself at Liberty

GOVERNOR WINTHROP SARGENT. 313

and disposed to lend me — A View of the Journal of the Commit-
tee of which he was the Chairman, and which from their long
sitting and method in general proceeding that has as yet been
offered to the Public, probably contain the Entries of all the Let-
ters of Credence of the Members, and indeed every important
paper and Transaction, would better enable me to gratify the
Wishes of Gentlemen of the Jury and which as it seems to have
been yielded by Mr. West is Expressive of Popular will, he will
Certainly gratify me in.

Please signify my desire with all due Respect, and make me
acquainted with the Result.

With Esteem I am,
Dear Sir,

yours &c
Mr. Harding (signed) Winthrop Sargent.

Attorney U. States & Territory —

To the Secretary of State.

No. 41. Mississippi Territory

November 20th— 1800—
Sir

I beg leave to advertize Government through the Department
of State, that this Country Continues without "Stamped Vellum
Parchment and Paper" diminishing thereby in a Small Degree
the Common Revenue, and to the hazard of unpleasant Conse-
quences for the People, if I have read the Law in Point cor-
rectly.

I have before sir written upon this subject to your Office —

I Embrace the Present Occasion to advertize you. that Laws

314 MISSISSIPPI TERRITORIAL ARCHIVES.

of the United States passed at the last Session of Congress have
not been Received in the Territory —
And am Sir,

With most Respectful
Consideration,

your obedient

humble servant,
(Signed) Winthrop Sargent.
Honourable Secretary of State.

To John Marshall.

No. 42- Private, Mississippi Territory

November 20th— 1800—

Colonel Clark Sir on the Finishing of his long Epistle in-
tended for the Public no doubt, through the Medium of Mr. Clai-
borne, Represents the Governour of this Territory as of "Austere
appearance — not even anxious of Popularity, and wanting that
kind of affability which is necessary to draw the People about his
Person"1 — and that such were the Colonels real sentiments there
can be no doubt in the minds of Gentlemen acquainted with his
Character, for he was too honest to express an Opinion foreign
to his heart, and too ingenuous to veil himself upon such an Oc-
casion.

In a more Private Letter to the Secretary of State (who
should Certainly be Correctly informed of Public Servants) it
can not be amiss, that I observe much Industry has been used to
impress the people of this Country with an Opinion of extreme
austerity in the Governours Manners — Deficit of Urbanity, and
sovereign Contempt for the Inhabitants, — But that not one soli-
tary Proof can be brought forward to Establish such Hypothesis
I pledge myself — nay more, if necessary I would undertake to
prove the Negative by most incontrovertible Testimony.

1 Daniel Clark's letter to W. C. C. Claiborne, dated Clarksville, Mississippi
Territory, June 18, 1800.

GOVERNOR WINTHROP SARGENT. 315

I take leave to offer one Single Case in Point of this iniquitous
Disposition — it is drawn from me per force, and former Strong
Representations Considered, I trust I shall need no other Apol-
ogy.

It occurred soon after my arrival in this Country as follows

A Poor man and apparently under very great embarrassment,
waited upon me to solicit Council in some contested Matter, and
which being entirely out if my Province, I frankly observed so,
and recommended to apply to some Gentleman of the Law. —
he plead utter Imcompetency to the expense, and Received in Con-
sequence my best advice in Language adapted to his understand-
ing, and with that "Suaviter in Modo" generally denied me, and
which was to him as unexpected, as it was gratifying. ,

He told me that he had never approached any man under so
strong Impression of awe — he had made his application to a
Character, a pretended Law Counsellor, whose pecuniary Con-
ditions for advice would have Robbed him of half his little all —
that he had proffered to share liberally with him but in Vain,
and as the "dernier Resort" signified he would solicit the Gov-
ernour, when the Miscreant declared to him " 'twas in vain —
he knew the Governour well — that he had never spoke to a
Poor man in his life, and that his application would be attended
by broken bones certain, perhaps Death itself."

A few such men with artful and insiduous Management might
impress the strongest minds.

I candidly admit that I am not "over anxious of popularity"
according to my acceptation of the Expression — no man how-
ever more ardently desires the approbation of the Wise and the
Good than myself, but I shall never be so far Degraded, as to be-
come the Machine of the Multitude.
I am Sir,

with most Respectful Consideration
your obedient

humble servant
(Signed) Winthrop Sargent

The Honourable Secretary of State —

316 MISSISSIPPI TERRITORIAL ARCHIVES.

To Cato West

Adams County
November 29th— 1800—
Sir,

The wish of this People that I should state to the proper De-
partment the real Situation of our Country, as affected by the
Change of the Mississippi Territorial Government, brought about
by the Committee of which you was the Chairman, and that I
should transmit the Papers and Documents in Point, will I trust
sufficiently apologize for my again directly and more formally
soliciting that you would favour me with a View of the Journal
of the Committee — Letters of credence for the Members, and
any other Papers which may tend to illustrate the rise and
Progress of Proceedings in that Body — indeed a View of all
the Papers of the Committee which may have been deposited
with you as their Chairman is desirable — not from mere Motives
of Curiosity, but to enable me to Comply with the wishes of the
People as Expressed in the Presentments of a Grand Jury of
Adams County made at the November Term of the Inferior
Court

To send a Clerk to Copy those Papers is out of my Power,
but I promise to Return them, unto you in the same order I shall
receive them, if you will be pleased to put them in the hands of
Mr. Sheriff Ferguson, whom I request to take them in Charge —
sealed up if you may so deem proper —
I have the honour to be

Sir,
with all due Consideration
your obedient

humble servant,

(Signed) Winthrop Sargent —
Mr. Cato West-

GOVERNOR WINTHROP SARGENT. 317

General Militia Orders for Adams County Mississippi
Territory December 1st, 1800

Major Osmun is Promoted to the Rank of Lieutenant Colonel
and to Command the Militia of Adams County —

From the zeal and Militery Experience of this old soldier1
the due exertion of subordinate officers, and proper Spirit of the
Men, The Governour Flatters himself that the Legion of the
County will not only assume an Exact Military appearance but
become fully Competent to all Possible internal Demands, and
highly Respectable as Citizen Soldiers —

Ebenezer Rees and Anthony Hoggat Esquires are appointed
Captains— William Noble Galbreath, James Griffin, and Thomas
Dawson Gentlemen Lieutenants — Mortford Calvert, Anthony
Calvert and Peter Vandoorcen Gentlemen Ensigns, — They are
to be Obeyed and Respected accordingly.

Lieutenant Colo. Osmun will be pleased to arrange them to
Companies as may best accord with the General Standing Orders
for promoting the Mutual Convenience of Privates as well as
officers —

The Governour Cannot Pass the present Occasion without
expressing his solicitude for one of those Field Days which the
County Commandants are Authorized to name, and which have
not yet, he believes been Advertized for Adams County.

(Signed) Winthrop Sargent

To Benajah Osmun.

December lst^- 1800—
Sir,

Colo. Steele will transmit you the Commission of Lieutenant
Colo. Militia of Adams County, and I persuade myself from your
zeal of the happiest Effects, their Complete Organization.

'Soldier of the Revolution (New Jersey). Reg. Qr. M. 2d N. J., 1777;
2nd Lt. 1778, taken prisoner at Charleston, April 24, 1780; 1st Lt. 1781,
served to close of. war.

318 MISSISSIPPI TERRITORIAL ARCHIVES.

Patrols which were long since authorized, and now specially
necessary, should in my opinion be continued to the end of the
holy days — The Planters whose fears are up, and who are duly
impressed with the necessity of the Measure, have anxiously
Expressed themselves to me thereupon and which will very much
facilitate this indispensible proceeding.
I have the honour to be
Sir

your obedient
humble servant

(Signed) Winthrop Sargent
Lieutenant Colo- Osmun

Commission to Lieut.-Col. Osmun, and others.

His Excellency the Governour was pleased to Promote Major
Benajah Osmun to the Rank of Lieutenant Colonel of the Militia
of Adams County to whom he Granted a Commission in the usual
form, dated the first day of December 1800 — (issued the 15th.)

He was also pleased to appoint Ebenezer Rees and Anthony
Hockett Esquires Captains — William Noble Galbreath, James
Griffin, and Thomas Dawson Gentlemen Lieutenants — Montford
Calvert, Anthony Calvert, and Peter Vandoorcen Gentlemen En-
sign in the Militia of the County of Adams, to each of whom he
Granted a Commission in the Usual form, bearing date the first
day of December 1800 — (issued the 15th)

He was also pleased to approve the appointment of Alexander
Montgomery, Samuel Marshall, James Truly, Robert Miller, Wil-
liam Brocus James Hyland, and James Ferguson Inspectors of
Cotton Gins &c. for the County of Pickering, to whom he Granted
Commissions bearing date the first of December 1800 —

He was also pleased to appoint Richard Lee Esquire Protho-
notary to the Court of Common Pleas, Clerk to the Court of Gen-
eral Quarter Sessions, and Recorder for the County of Washing-

GOVERNOR WINTHROP SARGENT. 319

ton and Granted him Commissions accordingly bearing date the
1st December 1800—

He was also pleased to approve the appointment of Samuel
Mimms * and William Coleman Inspectors of Cotton Gins &c —
and granted to them Commissions accordingly bearing date the
first of December 1800 —

To Major Pike.

Grove Plantation
gir Dec. 1st— 1800—

The absolute necessity of furnishing Provisions (Beef and
Bread) to the Indians visiting Natchez, induced an Order from
General Wilkinson previous to his Departure, that the Contractor
should be provided there and attend to my Requisition

some Causes of late have prevented the good Effect of such
arrangement, and the Indians as well as the Planters, are mur-
muring in Consequence — the former because they are not served
as usual, and the latter because they are Plundered beyond the
common Usage ; — which we all know is bad enough at best —

If you will Remedy this Evil, it will be a general, as well as
a particular Kindness to your Friend

and very humble servant
(signed) Winthrop Sargent

Major — Pike.

Commanding the Troops. U.S. — M. Territory

To the Speaker of the National House of Representatives

Natchez Mississippi Territory
December 20th— 1800—
Sir,

A very considerable Proportion of the Respectable Inhabi-
tants of this Territory and Representing most of the Wealth or
1 For whom Fort Mims was named.

320 MISSISSIPPI TERRITORIAL ARCHIVES.

Property thereof, have Requested that I should offer to the Con-
sideration of the honourable Congress the enclosed Petition.1

The Communications which I have already made to the De-
partment of State bearing date the 15th — of June — 25th — of
August, and a recent Statement to the Secretary upon Request
from two Grand Juries will I trust sufficiently Explain to Gov-
ernment, the Variety of solicitation from the Mississippi Terri-
tory, and preserve our general Character from the Suspicion of
Versatility. I respectfully ask from you sir, for and in behalf of
this people that you would obligingly offer their Present Petition
to the View of the honourable house of Representatives: — the
graciously granting the Prayer thereof would I verily believe,
more than any other Measure Contribute to Produce Content-
ment, and that Rejecting it might constrain almost all the Indus-
trious Citizens who can with any Degree of Convenience Change
Countries to Remove below the line, for with our present popu-
lation and Incompetency it is believed the Expenses of the second
Grade of Government must be insupportable — In this Faith sir,
it becomes my Duty earnestly to add my solicitations in behalf of
the Petition of this People —

I have the honour to be Sir,
most Respectfully,
your obedient,

humble servant,
(Signed) Winthrop Sargent.
The honourable Speaker of the house
of Representatives — U. States —

To the President of U. S. Senate.

Mississippi Territory
Natchez Deer.. 20th.. 1800—
Respected Sir,

The enclosed Petition signed I believe by the Principle part of
the most Respectable Inhabitants of the Mississippi Territory,

'Petition signed by four hundred inhabitants of Mississippi Territory
asking for a return to the first grade of government.

GOVERNOR WINTHROP SARGENT. 321

many of whom have solicited that I should introduce it to the
View of the Senate through the Medium of their President, I
trust sir, may sufficiently apologize for my presuming to ask that
you would take the trouble of presenting it as early as possible to
that honourable Body — Other Copies (and with additional sign-
ers) in distant parts of the Territory, soon Expected to be Re-
ceived, will be transmitted by the Mail.

The Extraordinary Varience between this and the Petition
which was presented from the Territory by a Mr. Hunter in the
last session of Congress, is measurably illustrated by the present
Petitioners, and the Communications which I have had the hon-
our to make, at the Instance of two Respectable Grand Juries
to the Department of State, with my letters to the Secretary of
June 15th — and August the 25th — must abundantly evidence,
that the former Petition praying for a Change in Government had
been surreptitiously obtained.

Bound in honour and in Conscience to Promote the Interests
and Welfare of this People to the extent of my Capacities, I con-
ceive it an Indispensable Duty to observe, that the Operation of
the "Supplemental Act for the Mississippi Territory" under the
present Circumstances of the Country, would probably be at-
tended with Depopulating and other injurious Consequences.
I have the honour to be

Respected Sir,
with sentiments of highest Consideration
your most Obedient
The honourable humble servant

President of the Senate (signed) Winthrop Sargent
of the
United States

322 MISSISSIPPI TERRITORIAL ARCHIVES.

To John Marshall.

No — 43 — Mississippi Territory

December 20th— 1800—
Sir

For the more safe passage of a Petition from the People of
this Country to Congress and Letters to several of the honoura-
ble Members, I take leave to enclose them to your address — I
do myself the honour also to transmit to you a Copy of the Peti-
tion—

It seems incumbent upon me by this Conveyance to Repeat to
you sir, that I have not Received even a single Copy of the Laws
of the United States Passed in the last session of Congress As
also that we Continue without Stamped Vellum or Paper, upon
which subject I have heretofore addressed the Department of
State.

I have the honour to be
Sir

Most Respectfully
your most obedient
humble servant

(Signed) Winthrop Sargent
The honourable Secretary of State

To John Marshall.

Mississippi Territory
December 26th— 1800—
Sir

I had the honour of Receiving from you Yesterday, a letter
dated Sept Ult:- advertizing me of having Ordered thirty seven
Copies of the Laws passed in the last session of Congress to this
Territory — They have not yet been Received — This is the only

GOVERNOR WINTHROP SARGENT. 323

Letter with which I have been Favoured from the Department of
State since the 12th — of May last.
I am sir,

most Respectfully,
your obedient,

humble servant,
(Signed) Winthrop Sargent
The Honourable Secretary of State.

A transcript of this Journal from page 319 was made for
Transmission to the secretary of State, and authenticated in the
words following Viz —

"The foregoing one hundred and thirteen pages is a Transcript of the
"Journal of proceedings of the Governour in his Executive Department of
"the Government of the Mississippi Territory, during the second six months
"of the year Eighteen hundred" —

"In Testimony whereof I have undersigned my Name and affixed my
"Private Seal, as "Secretary in and for the Territory aforesaid, this third
"day of January One Thousand Eight hundred and One" —

John Steele. (L. 8.)

Put into the hands of the Q. M. F. Jones to go by express-
the 6th- Jany. 1801 — a Copy of the Laws also —

To James Ross.

Mississippi Territory
January 4th — 1801
My Dear sir,

I avail myself of the opportunity of an Army Express to
transmit Petitions from some of the Inhabitants of this Territory
of similar Tenor to those which I had the honour to send forward
by last Mail — signed by most of our Respectable Inhabitants,
and more than three hundred in number if my Memory is Cor-
rect.

324 MISSISSIPPI TERRITORIAL ARCHIVES.

I am informed that other Copies are in Circulation and which
probably it will become my Duty to trouble you or some other
Gentleman of Congress with by the next Post.

I submit to your better Judgment to determine whether it
will be most proper to bring those Petitions to the View of the
Senate through the same Channel as the last (the President) or
to oblige the Petitioners by presenting them yourself

The Petition for the House of Representatives, I solicit you
would be pleased to ask of the Speaker to offer

With sentiments of most respectfull Esteem,
I have the honour to be,
My Dear Sir,

Your obedient,

humble servant,
signed Winthrop Sargent.
The Honourable James Ross
of the Senate of the U. S.

Address to Militia Officers.

To the Commandants, Field Officers, Captains, and Subalterns
of Militia, Mississippi Territory, January 12th — 1801-

Natchez.

The Governors strong anxieties for the safety of the good
People of the Territory, impel him again to urge the well ordering
and Arming of the Militia.

To the Discretion and firmness of the officers, he may adven-
ture to express himself in Confidence, and without apprehension
of Creating unnecessary alarm.

Of the Continuance of Indian Friendship we cannot be as-
sured, and the Crisis of Hostility would be found fatally tardy
for the essential preparation of Defence.

Almost every day adds to the number of our Slaves, and (Rea-
soning from the fine feelings of Man) to the number of our most
inveterate Enemies also.

GOVERNOR WINTHROP SARGENT. 325

'Tis more than probable, that in the Lapse of another year,
there will be more Blacks than Whites within the Mississippi
Territory. — That we deprive them of the sacred Boon of Liberty
is a Crime they can never forgive — Mild and humane Treatment
may for a Time Continue them quiet, but can never fully Recon-
cile them to their situation — and Calculating from the Experi-
ence of some amongst us, in a War with any European, or even
Indian Power, they might be irresistably stimulated to Ven-
gence.1

From those important serious Considerations, the Governour
is induced to reiterate Recommendation to the Officers, of most
energetic Measures — that Company Districts be fully ascer-
tained without a Moments delay, and every Man Enrolled in the
Militia according to Law. — that all deficiencies in Arms and ac-
coutrements be immediately supplied: — to enforce which the
penalties should be inflicted, provided in every case of Delin-
quency, for no man of Reason will Deny that the Consequence of
Continuing a mistaken Clemency and unlawfull Indulgence may
be most fatal to ourselves, our Wives and our Children.

Military Officers must Consider it a Point of honour, to Carry
into full effect, the Laws for the Regulation of Slaves — Legion-
ary Commandants have been permitted to order out Patrols
whenever they shall deem it necessary, and it seems advisable
that such should Occasionally be used altho' no suspicions might
occur — not unnecessarily to harass the Men, but more Strongly
to impress the Negroes that we are never off our Guard.

Noncommissioned Officers or others having the order of
Patrols, should be specially instructed as Circumstances may Re-
quire — and Cautiously to avoid all Violence other than may be
absolutely necessary for the apprehending and safe Keeping of
Delinquents, and security of the peace.

Some Complaints have been made to the Governour of cruel

1 No instance of a servile race having revolted in time of war has come
to the attention of the editor.

326 MISSISSIPPI TERRITORIAL ARCHIVES.

and Barbarous usage practiced towards Slaves, under a pretended
Authority, and which he highly disapproves :

The Military Authority only can Constitute the Legal Patrols,
and the evil Consequences of Suffering this Power to be usurped
are so obvious that officers will Consider it their Special Duty to
guard against and Report Offenders.

Company and Legionary alarm Posts should be assigned to
which the Men are to be directed to Repair, in Case of Domestic
disturbance and Receive their Instructions from the senior offi-
cer present according to the Rules of War — And Communica-
tions must be made as early as Possible, to the proper Legionary
Commandants, and the Commander in Chief.

The firing of three Guns with an interval of half a Minute
between each Discharge is to be Considered as the Legionary
Alarm by night or by Day.

A Complete Return of the Legions, Arms &c, Distinguishing
between Rifles & smooth Bores is again Required.

(signed) Winthrop Sargent

To John Girault.

His Excellency the Governor was pleased to write the follow-
ing Letter to Colo. Girault, and to inclose to him the foregoing
Order

Grove Plantation
January 12th— 1801
Dear Sir,

Please to Communicate the Enclosed in the most impressive
possible manner to the Officers under your Command — I ex-
pressed to you my sorrow that I could not see the Militia of Bayou
Peirre — Public avocations in this part of the Territory pre-
vented

It might not be amiss to suggest to Major Dixon, as a Magis-
trate, and to the Sheriff also my Opinion of the propriety of fit-

GOVERNOR WINTHROP SARGENT. 327

ting up one of the Houses at the Villa Gayoso as a Prison — I have
before from the Powerful motive of Economy, advised such
Measure, and the Extraordinary Dissonance as to the proper site
for Public Buildings since I have advertized for Information of
the General Wish more and more Confirms me in the propriety
of Continuing the Courts at the Present seat of Justice.

I should have made no objection to Erecting Public Buildings
at Union Town upon the Proffer of Gentlemen to take all the
expense from the County, because it would have Comported
with my wish to Economise those Resources of which I have been
so Maliciously accused of being very Prodigal, and because the
Reputation of the Adjoining Grounds might have equally insured
the Safe Keeping of Prisoners, as well as General Convenience —
a change however I am persuaded (no matter what Position
should be taken) would but add to the imaginary sources of Dis-
content,1 and the Requisite assessment to build a Court-house
and Jail in a present Central Situation might Render even the
Placid Spirits of your County Restiff, and Turbulent.
With Esteem I am Dear Sir,

your very humble servant

(signed) Winthrop Sargent

Lieut. Colo. John Girault —
Pickering County

To John Marshall.

No. 44. Mississippi Territory

January 26th— 1801
Sir,

I take leave most Respectfully to Repeat solicitations for the
opinion of the Attorney General upon the Statement made by this
Territorial Attorney of a Claim exhibited against the Villa

1 The center of discontent against the Sargent administration was in
Pickering County, the home of Cato West.

328 MISSISSIPPI TERRITORIAL ARCHIVES.

Gayoso which was surrendered to the United States by the
Spanish Government, and which Business will be at issue in our
Supreme Court of April next — Delay may operate injuriously
to the interests of the United States — Duplicates of all the Papers
in Point have been transmitted to the Department of State.
I have the honour to be,
Sir,

your obedient,

humble servant,

(Signed) Winthrop Sargent.
The Honourable Secretary of State

Revoking Commissions of a Justice of Peace

and

Lieutenant of Militia.

His Excellency the Governour was pleased to Revoke and
annul the Commissions of Justice of Peace and Lieutenant of
Militia in the County of Adams, heretofore Granted to Hugh
Davis Esquire, by an Instrument under his hand and the Seal of
the Territory, in the Words following Viz.

By WINTHROP SARGENT

Governour and Commander in Chief of the Militia

of the Mississippi Territory.

To the Justices of the honourable Court of General Quarter
Sessions of the Peace Adams County the Commandant of the
Militia and all others whom it may concern.

BE IT KNOWN, that I have thought proper by these
presents to Revoke the Commissions of a Justice of the Peace and
Lieutenant of Militia heretofore granted unto Mr. Hugh Davis,
it having sufficiently appeared unto me, that a Presentment of the
Grand Inquest at the last October Term of the Supreme Court
in Adams County, is so well founded, as to implicate him in the

GOVERNOR WINTHROP SARGENT. 329

Violation of most Solemn Official Duties,1 and under his Continu-
ance in office, Civil or Military, incompatible with the Dignity of
Government, and the due Execution of the Statutes of this Ter-
ritory.

Given under my hand and the Public Seal January the
[L.S.] thirtieth Anno Domini One Thousand eight Hundred

and One —

(Signed) Winthrop Sargent

To James Madison.

No. 45- Mississippi Territory

March 16th— 1801
Sir

I have this Day taken leave to draw upon you in favour of
Major Minor for the services of an Indian Interpreter to the
amount of two hundred sixtytwo Dollars and Vfc the account is
herein enclosed, and in my opinion justly due — the Conduct of
his Attorney in making an Extravigant Charge and Commencing
an action against me to recover the same (which the Major
Caused to be dismissed) has delayed an adjustment of this Busi-
ness upon which I had the honour to address the Department
of War the 14th — of May in the last Year.

By the same Conveyance I solicited Instruction upon the
subject of Continuing in pay an Interpreter, and which I have
not yet had the Satisfaction to Receive.

I have the honour to be,
Sir,

Respectfully,

your obedient humble servant,
(Signed) Winthrop Sargent.
The Honourable Secrtary of State.

1 Hugh Davis had been indicted, for defacing a public record, by a grand
jury of the Supreme Court, October term, 1800.

330 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

No. . 46 Mississippi Territory

March 21st. . 1801
Sir,

For the amount of the enclosed account I have taken leave to
draw a Bill in favour of Mr . . Green of this date which I Re-
quest may be honoured,
I am
Sir

very Respectfully

your obedient humble servant
(Signed) Winthrop Sargent
The Honourable Secretary of State

Appointment and Promotion of Various Officers.

His Excellency the Governor was pleased to Promote Cap-
tain David Ferguson to the Rank of Major — Lieutenants William
Mcintosh and John Minor, to the Rank of Captain — Cornets John
Lintot and John Binghaman to the Rank of Lieutenant, and to
appoint Robert Moore, and Joseph W. A. Lloyd Gentlemen Cor-
nets in the Militia of the County of Adams, to each of whom ac-
cording to their Several Grades he granted Commissions in the
usual form dated dated the 20th . . of March 1801.

He was also pleased to appoint Samuel Brooks Esquire a Jus-
tice of the Peace and Judge of the Court of Probate (vice William
Dunbar Esquire Resigned) for the County of Adams, and granted
to him Commissions accordingly, dated the 20th. . of March
1801.

He was also pleased to appoint John Brooks Esquire Sheriff
for the County of Pickering (vice William Ferguson deceased to
whom he granted a Commission dated the 20th . . of March 1801.

GOVERNOR WINTHROP SARGENT. 33i

He was pleased also to issue a Commission to Peter Walker
Esquire (heretofore appointed Clerk of the Legislature) dated
the 4th- of October 1799 — and also to appoint and Commission
him Keeper of the seal — dated the 20th- of March 1801

To John McKee.

Mississippi Territory-
Evening of March 30th. . 1801
Sir

I this Moment Received your favour of the 21st. . instant,
and in the next shall be upon my departure for the United States
— Poor Franchemasatubbee, Sincerely do I regret the Death of
this so universal Friend of the White People,

Your Motives for Charity to Chinnumbe the King of the
Chickasaws are in my Opinion truly laudible, and so far as my
Name and Approbation may be usefull to extend to him the
Bounty of the United States you are at Liberty to use them.

You may freely Command my small Ability for services in
the Atlantic States
Adieu

(Signed) Winthrop Sargent
Colo. . McKee,

332 MISSISSIPPI TERRITORIAL ARCHIVES.

To John Steele.

The Grove Plantation

April 1801
Dear Sir,

The Present Situation of my Health and some other impor-
tant Considerations induce me to avail myself of a Permission
of absence long since had from the President of the United
States ; The Duties in the Executive Department of Government
will of course devolve upon you, and I hope and believe, that sober
sense shall Continue gaining ground of the Thorns and briers
which have been so Mischievously Planted in the Path of the Gov-
ernour.

I embrace in Duty and in pleasure the present Occasion of
Expressing my intire Satisfaction in the Discharge of your Offi-
cial Trusts — As a due tribute to your Zeal and Promptitude in
service and to promote the Public Weal, I should add much more,
but that Eulogium under the Present Circumstances of Calumny
and Reproach might operate in an inverse Ratio to my Estima-
tion of your Worth and of your Talents.
With very sincere Esteem,
I am your friend and

humble servant

(Signed) Winthrop Sargent
Colonel — Steele.

Samuel Hancock Esquire was on the second of April ap-
pointed a Justice of the Peace and Cornet of Militia in the County
of Adams, and the Governor Granted to him Commissions ac-
cordingly dated the thirtyfirst of March 1801.

GOVERNOR WINTHROP SARGENT. 333

To James Madison.

Mississippi Territory
April 3d. 1801
Sir

The Honourable Colonel Pickering when Secretary of State
was kind enough to obtain the Presidents Permission that I might
be a short time absent from this Government when the same
should have been Organized and peace established for the United
States.

The late Ratification of the Treaty with France, authorized
me to avail myself of this Indulgence, and which the Present
State of my Health, impaired by long service in all the Extremes
and Vicissitudes of United States Climate, pressingly demands
I should embrace without delay.

Since the Commencement of the Revolutionary War, I have
been almost always upon Public Duty — and from the early part
of ninety six, attentions thereto have been unremitted — those
Considerations I trust may Justify me in Embracing the leave
of absence had from President Adams.

I propose to embark for the Atlantic States in the present
month and shall take the very earliest opportunity to pay my
Respects to you sir — And if I may be so permitted to the Pres-
ident of the United States also.

The mighty Obloquy cast upon my Reputation I hope may
not deprive me of this honour — I yet know not the Result of
Mr. Davis's Motion upon my Official Conduct — they have no
doubt made unfavourable impressions.

That Member of the Honourable house of Representatives
and his Colleague Mr. Claiborne I could indeed wish to believe
have been Influenced by no improper — No impure motives, but
if they have not been very grossly deceived they have most Cer-
tainly been so imposed upon.

I take leave sir, to enclose to the Department of State some
very strong Testimony in Point — Attestations from the most

334 MISSISSIPPI TERRITORIAL ARCHIVES.

Respectable people of this Territory, and which I solicit you
would do me the favour to lay before the Supreme Executive
in Reparation of my wounded Character,1
With great Respect I have the
honour to be,
Sir,
your Obedient

Humble servant

(Signed) Winthrop Sargent
Hourable Secretary of State, —

1 Governor Sargent left the Territory, by way of New Orleans, soon
after the above letter was written. He went immediately to Washington,
his term having expired, for the purpose of defending his administration.
President Jefferson, through Secretary Madison, sent him the following
letter: "That from the various, and some of them delicate, considerations
which mingled themselves with the designation of the individual for the
government of the Mississippi Territory, it was expedient, in his judgment,
to fill the station with another than himself, whose administration, with
whatever meritorious intentions conducted, had not been so fortunate as
to secure the general harmony, and the mutual attachment, between the
people and the public functionaries so particularly necessary for the pros-
perity and happiness of an infant establishment." William Charles Cole
Claiborne was appointed Governor of Mississippi Territory May 25, 1801.

PART II.

Executive Journal of William Charles Cole Clai-
borne, Second Governor of Mississippi
Territory, July 10, 1801, to
March 27, 1803.

^m **^1^H

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'•■ sr

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HBpl ■ ■ ■ *"■ "-.. "

Photographic facsimile from the oil painting in the possession of
W . C. C . Claiborne, New Orleans.

WILLIAM CHARLES COLE CLAIBORNE.

Second Governor of Mississippi Territory.
By Dunbar Rowland.

William Charles Cole Claiborne was born in Sussex Coun-
ty, Virginia, in 1775, and was the second son of Col. William
Claiborne and Mary (Leigh) Claiborne. The Claiborne family
in America was founded by William Claiborne, who emigrated
from England as surveyor of the plantations of Virginia by
appointment of the London Company. He was a younger son of
a distinguished family of Westmoreland County, England, and
arrived at Jamestown in October, 1621. On March 4, 1625, he
was commissioned by Charles I. as a member of the Council and
Secretary of State for the Colony of Virginia.

During the American Revolution the Claibornes were found
fighting for liberty on the side of the colonies. Descended from
such ancestry, and born at the outbreak of the Revolution, it is
not strange that William C. C. Claiborne was a patriot. Na-
thaniel H. Claiborne, his younger brother, who for twenty years
was a member of Congress from Virginia, in his "Notes on the
War of 1812," in which appears an interesting biography of
Governor Claiborne, says that at the age of eight years he wrote
in his Latin grammar the motto, "Cam patria, carior libertas —
ubi est libertas, ibi est mea patria," "Dear my country, dearer
liberty — where liberty is, there is my country." He was sent to
Richmond Academy under the instruction of Eldridge Harris,
and aftewards to William and Mary, accompanied by his elder
brother Ferdinand Leigh. He remained at the latter institution
only a short time, leaving on account of a disagreement with one
of the ushers. At the early age of fifteen he decided that it was
necessary to support himself, on account of the misfortunes of
his father, who had ruined his estate in the cause of his country.

At that time the seat of the National Government was at
New York. Young Claiborne proceeded there, and sought a posi-

338 MISSISSIPPI TERRITORIAL ARCHIVES.

tion in the office of John Beckley, Clerk to the Congress, who
looked with favor on the son of his native State. He was given
employment as enrolling clerk and made himself useful in copy-
ing bills and resolutions for members of Congress. In 1790 he
followed the Congress to Philadelphia, on its removal to that
city. The young clerk soon attracted the notice of John Adams,
Thomas Jefferson and John Sevier. Mr. Jefferson gave him
access to his books, and Sevier advised him to study law and
go to Tennessee. At a very early age Claiborne displayed de-
cided oratorical ability, and at the age of fifteen delivered an
original valedictory address on leaving school for New York.
He joined the Polemic Society in Philadelphia, and found, at the
age of seventeen, that he could sway an audience. At that early
age he decided to follow Sevier's advice, and resigned his posi-
tion to become a law student, going to Richmond for that pur-
pose. With three months preparation he was admitted to the
bar, and equipped with Blackstone and a copy of the revised
statutes he went to Sullivan County, Tennessee, and offered his
professional services to the people of that aspiring young Ter-
ritory. Within two years he had gained the distinction of stand-
ing without a rival as an advocate at the criminal bar. In the
first constitutional convention of Tennessee, which met at Knox-
ville, January 11, 1796, Claiborne was one of the leading mem-
bers. At this time Gov. Blount is reported to have said of him,
"He is, taking into consideration his age, the most extraordinary
man of my acquaintance."

On the formation of the State government, he was appointed
by Gov. John Sevier a Judge of the Supreme Court of law and
equity. After a brief service he resigned to become a candidate
for Congress and was elected in August, 1797, to the Fifth Con-
gress. He took his seat November 23, 1797. During his first
session he was a member of the Ways and Means Committee with
Gallatin, Harper, Baldwin and Bayard, and chairman of the Com-

GOVERNOR WILLIAM C. C. CLAIBORNE. 339

mittee on Indian Relations. He was re-elected to the Sixth Con-
gress, and voted for Thomas Jefferson for President in the Jef-
ferson-Burr contest.

President Jefferson appointed Mr. Claiborne Governor of
Mississippi Territory May 25, 1801, to succeed Winthrop Sar-
gent, whose term had expired. A short time before receiving
his appointment he had been married to Eliza W. Lewis, of Nash-
ville, Tenn. The young Governor at this time was only twenty-
six years old. He had gained the confidence of Mr. Jefferson,
who believed him endowed with that wisdom, tact, judgment and
discretion which were so necessary in instilling in the minds of
the people of the new territory a love for American institutions,
at a time when great events were taking place in Louisiana be-
tween France and Spain.

On October 8, 1801, he left Nashville for his new post of
duty, going by boat down the Cumberland, Ohio and Mississippi
Rivers, and reaching Natchez November 23rd. The Legislature
met a few days after his arrival, and one of his first official acts
was a message to that body. A short time after he reported to
Secretary Madison that all opposition to the General Assembly
had practically ceased. The Governor made a good impression
at once, and became very popular soon after his arrival. Among
the Legislative acts of interest was the change of name of Pick-
ering County to Jefferson, in honor of the new President. Two
new counties were formed from Adams and Jefferson and named
Wilkinson and Claiborne, in honor of Gen. Wilkinson and Gov.
Claiborne. On the recommendation of the Governor the terri-
torial capital was moved from Natchez to Washington by an
Act passed by the Legislature and approved February 1, 1802.
The term of John Steele as Secretary of the Territory expired
May 7, 1802, and Cato West was appointed to succeed him March
1, 1803.

The want of military equipment in the territory gave Clai-
borne much uneasiness, and when the cession of Louisiana by
Spain to France was assured, he applied to the Secretary of

340 MISSISSIPPI TERRITORIAL ARCHIVES.

War for one thousand rifles, and recommended the establishment
of a well equipped military post, centrally located. His efforts
resulted in the building of Fort Dearborn at Washington.

The election for Representatives in July, 1802, showed a re-
versal of popular favor, and a great majority of the old members
were defeated. The people did not approve of the ridiculous
effort which had been made to impeach Chief Justice Seth Lewis
of the Territorial Supreme Court, who had incurred the dis-
pleasure of influential members who were litigants before the
Court.

One of the most important acts of the Claiborne administra-
tion was the collection, for the general government, of data rela-
tive to Mississippi land titles, which were in a chaotic condition
in the Territory. The report which he made to Secretary Mad-
ison was the foundation upon which Congress based future meas-
ures for the settlement of local land titles.

In his message to the Legislature October 3, 1803, Gov. Clai-
borne, on the subject of the Louisiana Purchase, says :

"It is understood that by the late treaty between the United States and
the First Counsul of the French Republic, and which remains only to be
sanctioned by the constituted authorities of our country, the Island of Or-
leans is ceded to the United States, and the American Empire bounded by
the western limits of the rich and extensive province of Louisiana — an
accession of territory not obtained by conquest, not held by the precarious
tenure of force, but acquired by honest purchase, and secured to us by the
national faith of its former owner — an accession of territory essential to
the welfare of the western country, and which, by increasing the means
of reciprocal benefits, will render still stronger the chain which connects
the great American family in the inestimable union of interest and affec-
tion— a union, which, I pray God, may exist coequal with time."

Some of the most notable events of the Claiborne administra-
tion were the establishment of Jefferson College; arrangements
for settling land titles ; the survey of boundaries of the Natchez
and Mobile districts and the establishment of a mail route on the
Natchez Trace, or Robinson Road.

The Governor received an express from Washington No-
vember 9, 1803, notifying him of his appointment by President

GOVERNOR WILLIAM C. C. CLAIBORNE. 341

Jefferson as a Commissioner, associated with Gen. James Wilkin-
son, to receive from France the Louisiana Purchase, and to suc-
ceed the Spanish Governor until a government for the new ter-
ritory should be established. He left Natchez in December with
about two hundred Mississippi militia as a military escort. The
two Commissioners met at Fort Adams and arrived within two
miles of New Orleans, where they encamped December 17, 1803.
Three days after Louisiana was transferred by Laussat, the rep-
resentative of the French Republic, to the American Commis-
sioners, and Claiborne at once assumed the government of the
new possession. On September 26, 1804, he lost his wife and
infant child. After the death of his first wife he married Cla-
rissa Duralde, a French lady, and on her death married a Miss
Bosque, a lady of Spanish descent, who survived him.

During the absence of Gov. Claiborne from the Mississippi
Territory the duties of the executive office devolved upon Sec-
retary Cato West.

Claiborne continued to exercise the duties of Provisional Gov-
ernor until October 2, 1804, when he was appointed Governor of
the Territory of Orleans. He continued to serve until the ad-
mission of that Territory to the Union in 1812, when he was
elected Governor of the new State. After serving two terms he
was elected to the United States Senate from Louisiana, Jan-
uary 13, 1817. He did not live to take his seat in the Senate.
He died November 3, 1817, and is buried in beautiful Metarie
Cemetery, New Orleans. Gov. Claiborne died when he was on
the threshold of a great national career at the age of forty-two.
For seventeen years he had been one of the most potent figures in
what was then the great Southwest.

For authorities on the life of Gov. Claiborne consult Missis-
sippi archives, Claiborne's "Mississippi," Martin's Gayarre's and
Fortier's "Louisiana," and Claiborne's "Notes on the War of
1812."

MISSISSIPPI
TERRITORIAL ARCHIVES.

i8oi"i8o3

Department of State: —
Washington, 10 July 1801

Commission.1
Sir,

The President of the United States — desirous of availing
the public of your services as Governor of the Mississippi Ter-
ritory, I have the honor of inclosing your Commission, and of
expressing the sentiments of respect with which

I am, Sir,
your most obt Sert

James Madison
William C. C. Claiborne Esqr.

Thomas Jefferson, President of the United States of America,
To all who shall see these presents, Greeting : —

WHEREAS the office of Governor in and over the Mississippi
Territory is at present vacant; NOW KNOW YE, That repos-
ing especial Trust and Confidence in the Patriotism, Integrity

1 Claiborne Journals from 1801 to 1816 are on file in the Mississippi De-
partment of Archives and History. The collection is valuable and throws
much light on local Spanish and French relations.

[From April 1 to November 23, 1801, the time which elapsed between the
departure of Gov. Sargent from, and the arrival of Gov. Claiborne in, the
Territory, Secretary John Steele was in charge as acting governor. However,
on account of Secretary Steele's infirm health, little official business was
transacted; and no record for that period has been found.]

GOVERNOR WILLIAM C. C. CLAIBORNE. 343

and Ability of William C. C. Claiborne, of Tennessee, I do ap-
point him Governor in and over the said Mississippi Territory;
and do authorize and impower him to execute and fulfil the Du-
ties of that office according to Law; and to Have & to Hold the
said office with all the Powers, Priveleges and Emoluments to
the same of Right appertaining during the pleasure of the Pres-
ident of the United States for the time being, and until the end
of the next Session of the Senate of the United States, and no
longer.1

In Testimony whereof, I have caused these Letters to be made
Patent, and the Seal of the United States to be hereunto affixed.

Given under my Hand at the City of Washington the
(Seal) Twenty fifth day of May in the year of our Lord one
thousand Eight hundred and one, and of the Inde-
pendence of the United States of America, the Twenty fifth.

Thos- Jefferson
By the President
James Madison Secretary of State.

To James Madison,

Nashville August 2nd— 1801-
Sir,

Your Letter of the 10th ultimo, enclosing a Commission as
Governor of the Mississippi Territory, I have had the honor to
receive. —

Will you be good enough Sir, to inform the President of the
United States, that I shall accept the appointment, which he has
been pleased to confer upon me, and will endeavor to merit it,
by a faithful discharge of those Duties which now are, or may
hereafter be assigned to me. —

I am aware of the difficulty of the task, I am about to under-
take;— I feel my inability to execute it with Justice; — But I

1 Appointed during a recess of the Senate.

344 MISSISSIPPI TERRITORIAL ARCHIVES.

flatter myself, that my best exertions to support the Interests
of the United States, and to promote the immediate happiness of
the People, over whom, I am to preside, will not prove unsuc-
cessful.—

I shall repair to the Territory with all possible Dispatch, but
the probability is, that it will not be in my power, to complete
the Arrangements necessary to my departure, previous to the
last of next month, or the first of October; — If therefore you
should think proper, to make me any further Communications, in
a short period, you will be pleased to forward them to this
Town. — I have the honor to be

Sir,

With every sentiment of Esteem
& Respect

Your Mot: Obt: Servt—

William C. C. Claiborne
The Honble- James Madison

Secretary of State. —

To James Madison,

Knoxville, September 16th- 1801.
Sir,

My Letter of the 2nd — of August, informed you that I should
descend the Mississippi, some time about the last of this, or the
beginning of next month; — I have now the pleasure to add,
that the arrangements necessary to my departure, are nearly
completed, and I shall certainly set out for my Government, in
the Course of the first week in October. — It is to me a subject
of regret, that I have not been enabled, at an earlier period, to
proceed to my post, but I flatter myself, the public service has
not as yet, sustained injury by my absence. —

Information which I have lately received from the Mississippi
Territory represents, that affairs in that quarter wear a favora-

GOVERNOR WILLIAM C. C. CLAIBORNE. 345

ble aspect; — the public mind is tranquil, and Party Spirit con-
siderably subsided; — The District increasing rapidly in pop-
ulation & wealth, and the most perfect harmony prevailing with
the Spanish & Indian Neighbors. —

You could not confer on me Sir, a greater favor, than by
giving me from time to time, particular Instructions relative
to the Policy the Executive would wish to be pursued on our
Southwestern Frontier; such Instructions shall always be exe-
cuted, with promptitude, & pleasure, and my constant care shall
be to forward the views, and promote the Interest of Govern-
ment—

In eight or ten days, I shall leave this place for my seat near
Nashville, & shall from thence, without delay, proceed with my
family, by water, to the Town of Natchez, where I expect to
arrive between the 1st — & 10th — of November. —

Accept I pray you Sir, assurances of my very sincere
& respectful attachment. —

I have the honor to be &c

(Signed) William C. C. Claiborne.

The Honble- James Madison
Secretary of State.

To James Madison, Secretary of State.

Nashville October 7th 1801.-
Sir,

On Tomorrow I shall certainly set out for the Mississippi
Territory — The Western Rivers are uncommonly low, and I
anticipate a long voyage, but I shall make every exertion to
reach the Town of Natchez by the 10th of November. —

The Territorial Assembly was convened (by a Proclamation
of Secretary Steele x) on the 3rd Monday in July last; they con-

1 Secretary John Steele was Acting Governor from April 3 to November
23, 1801, but severe illness prevented close attention to official duties,

346 MISSISSIPPI TERRITORIAL ARCHIVES.

tinued in Session (as I am advised) about five weeks, but trans-
acted little Business, and what they did, is left incompleat for
want of the Governor's Sanction, Colo Steele having been too
much indisposed, to attend to his Official Duties, — On the 16th
of last month, Colo Steele was still ill, & his Life despaired of. —

In a Letter, which I have received from Judge Lewis,1 dated
"Near Natches September 3rd 1801" he says, "It seems to be
confirmed that Spain has actually agreed to give up Louisiana to
France."2 I know not what grounds there are for this Report,
but it has prevailed in this State for several months, and obtained
general belief. —

On my arrival at Natches my communications shall be fre-
quent & regular. —

I am &c.

William C. C. Claiborne.

To the Honble James Madison
Secretary of State

To James Madison,

Natchez November 24th 1801. —
Sir,

On the 8th of October, I left Nashville, & did not reach this
place, until yesterday morning; — My passage has been unus-
ually long ; but I beg you to be assured that this delay, can alone
be attributed to the low state of the Cumberland, Ohio, and
Mississippi Rivers, for on my part, every exertion was made to
hasten my arrival. —

I found the Navigation of the Mississippi somewhat difficult,
and often dangerous, particularly when the wind was high, which
is frequently the case, during the Fall and winter months. —

1 Judge Seth Lewis, of the Territorial Supreme Court.

2 Secret treaty of St. Ildefonso between France and Spain, October 1,
1800, confirmed March 21, 1801. It was feared that England would seize
New Orleans if the treaty was made public.

GOVERNOR WILLIAM C. C. CLAIBORNE. 347

Much of the Land on the Mississippi appeared to me, to be
fertile, and pretty well adapted to Cultivation; — But this exten-
sive Country has been greatly forsaken, or rather neglected by
man. — On the Western or Spanish shore, there are three little
settlements between the mouth of the Ohio, and a small Post,
opposite to Natchez, a distance of upwards of 800 miles; 70
miles below the mouth of Ohio, is a Spanish Village, called New
Madrid — here I called a few minutes, and paid my respects in
person, to the Commandant or Governor, who received me with
great politeness ; At this place I saw the Remains of a Fort, which
had recently been destroyed by fire, a few soldiers, and about
60 Buildings; The Inhabitants were chiefly of French Extrac-
tion; I was informed, that a few miles from the Town, there
was a compact and well improved settlement, the settlers mostly
natives of the United States; I could not learn their numbers;
35 miles from New Madrid, there is another Village on the Bank
of the Mississippi containing about 20 Houses; 150 Miles fur-
ther, & opposite the lower Chiccasaw Bluff, is a small Block
House; garrisoned by a Sarjeant and 12 men. —

On the Eastern or American side of the Mississippi, the only
improvement, until I had reached the Walnut Hills (which are
upwards of 700 Miles from the mouth of Ohio) was the Garrison
at the Chiccasaw Bluffs, called Fort Pickering —

This Garrison has proved a great convenience and benefit to
the Citizens who Navigate the River; — The officer commanding
at that Post within 9 months past has afforded relief to several
distressed Boats, and in some instances, his own exertions aided
by his Company have rescued much valuable property from de-
struction;— This deserving Officer is a Captain Sparks of the
3rd Regiment;1 — his truly benevolent & patriotic conduct has
procured him, the Esteem of the Western Citizens, and will I
am sure recommend him, to the President. —

Claiborne's "Mississippi," pages 221, 222, gives interesting data rela-
tive to Col. Richard Sparks.

348 MISSISSIPPI TERRITORIAL ARCHIVES.

With great deference to the Judgment of the Executive, I
will submit for consideration the expediency of establishing sev-
eral other small Military Posts on the Mississippi; I suppose the
Indians would not be averse to Establishments of that kind,
and I am certain they would prove of great public utility. — The
western commerce is already immensely valuable, and is becom-
ing more so, every year; — The dangers and difficulties of the
Mississippi, would be encountered with much more cheerfulness,
& the loss of property, would not as frequently occur, if there
were more Stations, where the Citizens in distress, might apply
for succour, & his wants at least partially supplied.

Colonel Steele is still living, & his disorder has assumed of
late, a favorable aspect; — He is however too much indisposed
to attend to Business, or to give me much Information as to the
State of the Territory; — on this account, I feel myself under
some Embarrassment, from which I hope to be relieved, in a
little time, by my own personal observations. —

A pamphlet1 written by Governor Sargent (extracts from
which you have no doubt seen in the papers) has reached this
Territory, & is in general circulation; In this production, the
conduct of the President in relation to Mr. Sargent is assailed
with no less acrimony, than that of my own; personally it gives
me no concern, but I regret exceedingly, that my appointment
should have tended to increase the torrent of calumny against
the Executive: — I believe this Pamphlet will have no effect in
this quarter; — I shall endeavor by a just, firm and (as far as
my Judgment will enable me) a wise administration, to convince
the American World, that Mr. Sargent has greatly misrepre-
sented my character. —

I am authorized to suppose, that the warmth of Party, has
of late, considerably abated in this District, and that a very
great majority of the people, are greatly disposed to give me
their most cordial support. —

1 Papers in Relation to the Official Conduct of Governor Sargent,

GOVERNOR WILLIAM C. C. CLAIBORNE. 349

On Tuesday next, the Legislature of this Territory will com-
mence its Session, and by the next mail you may expect from me,
further communications. — In the mean time, Sir, you may de-
pend upon my exertions to promote the prosperity and happiness
of the People, & I am sanguine in a hope, that I shall be enabled
to restore to this Infant settlement, Harmony & mutual Confi-
dence. I have the honor to be Sir,
with great respect

your most Obd Humble Servt

William C. C. Claiborne.
The Hble James Madison

Secretary of State.

To James Madison.

Natchez December 12th 1801.—
Sir,

On the 1st Instant; the Legislature of this Territory con-
vened,1 and on the next day, I delivered an address to the two
Houses of Assembly, a Copy of which together with their an-
swer, you will find in the paper inclosed. —

From the little knowledge I have of this Assembly, I will
hazard an opinion, that it is composed of honest men, much
attached to the United States, and devoted to the Interests of
this Territory. — For want of Legislative Experience, their
early proceedings will, no doubt, be marked with some Irregular-
ities, which I trust a little time, and attention, will greatly
remedy. —

I have the happiness to acquaint you, that all opposition to
the Second Grade of Government has (apparently) ceased, and
that the Citizens generally seem contented with their political
prospects.2 —

1 First General Assembly, second session.

2 This was a question upon which the people were much divided.

350 MISSISSIPPI TERRITORIAL ARCHIVES.

By the act of Congress authorizing the establishment of a
Government in the Mississippi Territory, I find that the Powers,
duties & Emoluments of a Superintendant of Indian affairs, for
the Southern Department, shall be United with those of Gov-
ernor : — I am solicitous that those Powers should be defined, and
those duties prescribed; within the few days, which I have re-
sided at this place, I have received many visits from the Chac-
taw Tribe of Indians, and the probability is that the number of
those visits will increase, as I become better known; In some
few Instances, where the public good seemed to justify the meas-
ure, I have ventured to direct the Contracter at Natchez to issue
Rations to Indians ; — A power of this kind, was exercised by my
Predecessor, and was no doubt sanctioned by the Government. —

Upon looking over the official Letters of Mr. Sargent on
record in the Secretary's office, I discover that he frequently
mentioned the Embarrassment he experienced in the Indian De-
partment,1 and that some partial Instructions upon this subject,
had been given him; the extent of which I cannot learn, since I
find, that none of the communications from the Secretary of
State, have been considered as public papers, and are not filed
in the Office of the Secretary for Territory. —

The Chactaws from their contiguity to this settlement, are
frequently troublesome, & often commit partial Depredations
upon the Cattle &c of the Inhabitants; — At other times, they
receive spirits from the Citizens, become intoxicated and are
abusive & viciously inclined; from these sources disputes arise,
and I am looked up to, as the Arbitrator; hence the necessity,
that I should be furnished with an Interpreter, and feeling sensi-
bly the want of a character of this kind, I hasten to solicit the
permission of the President, to employ one. —

An incident lately happened at Natchez which I fear will
be attended with unpleasant consequences — An Indian of some
little note, among the Chactaws, was about 12 days ago in
Natchez, and having drank too freely of Spirits, he in a little

1 This matter had greatly troubled Gov. Sargent.

GOVERNOR WILLIAM C. C. CLAIBORNE. 351

time became insolent, & was chastised with some severity by
an unknown citizen — The Indian has ever since (the Evening
he was whipped) been missing, and his friends suppose him
dead ; they have visited me, on the occasion ; I have taken all the
means in my power to have the Body of the Indian found if dead,
or if living, to acquire intelligence of his person; but as yet no
discoveries have been made. — The friends and Countrymen of
the suppose deceased, seem much displeased, and threaten to re-
taliate; to keep those people in good humour, & to secure the
Life of some innocent Citizen, I have subjected the United States
to some little expence, and for the incurung of which, I hope,
I shall stand excused. —

Colonel Steele, the Secretary of this Territory, still con-
tinues in a low State of health, and is unable to attend to busi-
ness; this unfortunate circumstance has increased very consid-
erably my official Labours. —

I am &c. —

William C. C. Claiborne

(The Honble James Madison
Secretary of State. —

An Address from the Governor of the

Mississippi Territory to the two Houses of

Assembly. —

Fellow Citizens of the Legislative Council, and fellow Citizens
of the House of Representatives. —

Upon addressing you for the first time, in my character as
Governor of this Territory, I feel my Breast disturbed with
Emotions, which I can neither suppress, nor conceal. —

An Impression of the importance of the charge committed
to me ; — a distrust of the sufficiency of my Talents, to discharge

352 MISSISSIPPI TERRITORIAL ARCHIVES.

with propriety, the various duties, which may attach to this high
Station; — A fear, least my best endeavors to advance the pros-
perity and happiness of the people, might not prove either suc-
cessful, or satisfactory, have all conspired to excite in my mind,
much painful anxiety. —

But under every Embarrassment which may await me, I
shall experience great Relief; I shall possess that "greatest of
consolations, conscious Rectitude," for I have formed a firm Res-
olution to exercise the authority vested in me, with all that Jus-
tice, decision and Impartiality, which my best and most deliber-
ate Reflections may dictate. If therefore, I should commit
Errors, and they naturally attend all human Efforts, my Heart
will acquit me of Blame ; — those Errors will proceed alone, from
defect of Judgment, and such a generous people will always be
disposed to forgive & to forget. —

In the course of my administration, a strict adherence to the
Federal Constitution, the Ordinance of Congress, for our particu-
lar Government, all existing Treaties and other Laws of the
United States, shall constitute my primary Rule of conduct.

With the two Houses of the Legislature, I shall carefully cul-
tivate the most perfect good understanding, & by endeavouring
to deserve, I hope to be honored with their confidence & Esteem ;
All Laws essential to the welfare of our constitients, shall receive
my most cheerful assent, & no exertions of mine, shall be want-
ing, to carry them into complete effect; — The policy of making
ample provision, for the public Exigencies, shall always meet
with my support, but on all occasions, I shall esteem it a duty
to discountenance Extravagance, & to practise that great na-
tional Virtue, Aeconomy, a departure from which never fails to
be accompanied with a dimnution of the general happiness. —

Fellow Citizens of the Council, and fellow Citizens of the
House of Representatives. —

From the few days which have passed, since my arrival, it
will not be presumed, that I am informed of those local In-

GOVERNOR WILLIAM C. C. CLAIBORNE. 353

conveniences (if any there are) which may require Legislative
Interference; — that I could be sufficiently acquainted with the
operation of the existing Laws, to say, how far they are defect-
ive;— But your own observations on those points, I hope to
find correct, and you may rely upon my cordial co-operation in
all necessary measures. — There are some subjects however, to
which, from their great importance to society, I cannot forbear
soliciting your attention; — of these, the most interesting are
our Judiciary & Militia Systems ; — on a proper arrangement
of the one, materially depends the security of our personal
Rights; — with a due organization of the other, is intimately
connected our safety as a people. —

As the Territory increases in population, the business, in
the Judicial Department, will be proportionately enlarged, & such
Provisions ought to be made from time to time, as will insure a
prompt redress of wrongs, and a speedy recovery of all just
demands; the people are intitled to Justice "in the most cheap,
easy and expeditious manner, promptly & without delay, con-
formably to the Laws." — You will consider therefore, whether
the present Judiciary System admits of improvement ; The Legis-
lature is vested with the Authority, to prescribe "the powers and
duties of Magistrates and other Civil officers," and to make
"Laws in all cases for the good Government of the District, not
repugnant to the principles & articles of the Ordinance." —

With respect to the Militia, it is certainly an object of very
great concern ; — A free people ought to be well armed, well dis-
ciplined, and at all times in a situation to defend their Country;
a preparation of this kind, is the surest guarantee of peace,
and a certain source of safety in time of War. — To form an en-
ergetic and efficient Militia, much attention and care are requis-
ite on the part of the Government. — The operation of a Law
upon this Subject, ought to be general, and strictly enforced;
Its provisions should embrace (with a few exceptions,) all men

354 MISSISSIPPI TERRITORIAL ARCHIVES.

whom age or infirmities do not incapacitate from bodily Exer-
tions;— Many exemptions from Militia service, are not only in-
jurious to the Institution, but very unjust; — By the Social Com-
pact, every able bodied Man, is bound to perform personally,
his proportion of Military duty for the defence of the State. —
The public convenience may justify a dispensation with this obli-
gation, as it respects some of the principal civil officers, and per-
haps some religious Sects, who being conscientiously scrupulous
of bearing Arms, their personal service might not be as advan-
tageous to the Territory, as an Equivalent in Money. —

Fellow Citizens of the Council, and fellow Citizens of the
House of Representatives. —

Under the smiles of a beneficial Providence, I indulge a
pleasing hope, that our Constituents will enjoy a great share
of happiness and prosperity. —

Favored with a soil, so fertile as to reward abundantly the
Industry of man, & a climate propitious to almost every produc-
tion ; so situated on the Map of America, that the rich commerce
of the West, passes in review before us, and adds daily increase
to our wealth ; surely the Blessings of Independence and Plenty
may be acquired by every Citizen! Possessing a temporary and
local constitution founded on the Representative principle, and
justifying an expectation that it will prove equal to the support
of Good-order, and our common Interest ; — In a particular man-
ner too, placed (during our infant state) under the superintend-
ing care of that wise & virtuous Government, which I trust,
will long dispense with an equal and liberal hand, Peace, Liberty
and safety to all United America; surely we ought to consider
our political felicity as greatly secured. — But those fair pros-
pects will all be destroyed, unless aided by just and equal Laws,
and those supported by a virtuous people. —

If indolent and viscious habits, Luxury and extravagance
should become prevalent in our society; the depression of the
many, and the aggrandisement of the few, will eventually ensue :
: — If the Citizens should attach little value, to that first privilege

GOVERNOR WILLIAM C. C. CLAIBORNE. 355

of freemen, the Right of suffirage, and elect to office men, in
whose characters, Integrity, Love of Country, and of Civil and
religious Liberty, are not eminently conspicuous; then Legisla-
tion may become a source of oppression ! and lastly ! when Party
Spirit, that Bane to happiness, gains an ascendency in our Land,
and those civil dissensions are fostered, which enslave the mind,
and enable passion to triumph over Reason ; then there can exist,
no certain security, and the best Interests of Man will be put to
hazard. —

But those misfortunes will never befall this Territory; I hope
that the great Governor of the Universe, has decreed for this
people, the happiest of Destinies. —

Let us then with great humility and Gratitude to Almighty
God, the Author of all Good, cultivate and improve those Bless-
ings which are so liberally extended to us : — In the pursuit of Ag-
riculture, Commerce, Manufacturies & the Arts, let every person
be equally protected and in proportion to his merit respected : —
In the support of Order, the promotion of Morality, and the sup-
pression of Vice, let us all unite, and enrich Society with the
charms of harmony and Concord. — While we feel and manifest
our attachment to the Union, with the Mother States, let us im-
press the advantages of that Union, upon the minds of our chil-
dren, and by rearing them up in the paths of Virtue and Science,
enable them the better, to appreciate the excellencies of a free
Government, and to bcome useful to themselvs and Country. —

William C. C. Claiborne.

Natchez December 2nd 1801 —

To the above Address the Assembly returned the following
Answer. —

To His Excellency William C. C. Claiborne Governor of the
Mississippi Territory.
Sir,

Your Address delivered to both Houses of the General Assem-
bly on Tuesday last, was received with the highest satisfaction ;

356 MISSISSIPPI TERRITORIAL ARCHIVES.

— The sentiments you then expressed, are truly becoming the
republican character; and the Governor of a free people — and
which we are convinced will be manifested, throughout the
course of your administration. —

The importance of the trust reposed in you as Governor,
is great; — But from the ample resources of your mind, and
your vigilent attention to business we trust you will be enabled,
to discharge with credit to yourself and satisfaction to the
people, the arduous duties of your high Station. —

Your determination of a strict adherence to the Federal Con-
stitution, Treaties, and Laws of the United States, we highly
approve and in which you may rely on our co-operation and sup-
port.—

We reciprocate Sir, your disposition to cultivate a good
understanding with the two Houses of Legislature ; — and permit
us to assure you, that you are received by them as the Patron
and friend of our Country; — and that their confidence & esteem
is proportionably to your superior merit. —

The Legislature may in the course of their deliberations be
incorrect, but with the aid of a Governor well disposed and emi-
nently qualified we may fairly presume to hope no material in-
jury can arise to the community from their inadvertences. —

We think with you Sir, that it will be the duty of the Gov-
ernor to practise Aeconomy and from which we trust the Legis-
lative Authority of the Mississippi Territory will never deviate. —

Since your arrival Sir, it is impossible you could be informed
of all the local inconveniences which require Legislative inter-
ference;— But those inconveniences are numerous and many
of them extremely oppressive, and these which can only be known
to you in theory, have been severely felt by the Citizens in ex-
perience.—

One evidence of the Laws being defective is that the political
situation of the Country, in every view is much worse than before
their publication. —

The Legislature are very sensible of the great importance

GOVERNOR WILLIAM C. C. CLAIBORNE. 357

of the Subjects to which you have solicited their attention and
foresee the consequences of delay. —

We do most heartily and sincerely unite with you in gratitude
to Almighty God, the Author of all Good, for the blessings you
have enumerated, so liberally bestowed to the People of this
Country. —

We entirely coincide with you in all matters respecting our
internal Peace and tranquility which we flatter ourselves we
shall enjoy under your administration from a gracious and indis-
criminate pratronage extended to all good Citizens, which will
shelter us from the baneful influence of party Spirit, and every
device that may disturb our repose. —

Permit us, Sir, to repeat the assurances of our confidence
and esteem. — And accept our best wishes for your personal hap-
piness and prosperity. —

Henry Hunter,

Speaker of the House of Representatives.
John Ellis
President of the Council

Natchez,

December 4th 1801—

From Benjamin Hawkins1 to Gov. Claiborne.

A Letter from Colo: Benjamin Hawkins to the Governor of
the Mississippi Territory.

Fort Adams 10th Deer 1801-

Mr. Dunbar2 arrived last evening and delivered me your
favor of the 4th instant. — The Indians have been a long while on
the path & we have now with us a respectable representation of
the Chactaws; and shall continue our conference with them in
2 or 3 days —

1 Agent to the Creek Indians. For historical sketch of this remarkable
pioneer see Chappell's "Miscellanies of Georgia," pages 59-73.
"William Dunbar.

358 MISSISSIPPI TERRITORIAL ARCHIVES.

It is my duty to lay the enclosed before you, for your informa-
tion, that you may take such measures as you may deem proper
in relation thereto — It is much to be wished that the people of
this Territory could be prevailed on to observe a friendly deport-
ment towards the Indians particularly on occasions like the pres-
ent ; as all intecourse by land between us and the Atlantic States
is through the Indian Lands a disposition on their part un-
friendly towards travellers would greatly incommode them; and
we have a right to expect the improper conduct detailed to you if
not timely checked will tend to generate such a disposition. —
The case of the man supposed to be murdered should be ex-
amined into in usual form & a candid statement made of it
to the agent accompanied only with general assurances of a
disposition friendly to Indians and a determination to exercise
the full force of your authority to bring the offender to justice ;
— This will be highly satisfactory to the Chiefs. —

I am not very well, having caught a cold — I shall write your
again if any thing interesting occurs. —

I have the honor to be with sincere

regard and much esteem
Dear Sir,
Your Obd Sert-

Benjamin Hawkins.

The bearer is the brother to

the man supposed to be murdered

he speaks English. —

From John McKee to Benjamin Hawkins.

Loftus Heights Deer 9th 1801-
Lewis Vaun, a half breed Chactaw states to me from infor-
mation given him by a frenchman of Natchez, that on or about
the 26th day of last month his brother Samuel Vaun was in the
town of Natchez where he was seen in the evening in company of

GOVERNOR WILLIAM C. C. CLAIBORNE. 359

a Chactaw, both intoxicated and quarreling; they separated in
the street and Vaun as he walked along met a waggon or Cart
on which he laid hold — the Carter advised him to go away least
he might receive some injury from the cart, and was obliged
at last to disengage him by force and push him away — he then
went close to the Bluff, returned and was seen sitting in the street
near a Hatter's shop where he had that day purchased a hat, and
that he has not been seen or heard of since. —

Lewis Vaun has farther heard from a Chactaw that he was
informed by a Negro belonging to a bald-headed white man
living on Look, ye, a,hoo,la (supposed to be St. Catherine) that
his brother Samuel was killed by a Negro; — He had with him
two blankets, two hats, one piece of binding and twenty dollars. —

I take this opportunity of representing to you for the infor-
mation of the Commissioners that many of the Chactaws now
here have complained to me of ill treatment they say they have
received from the white people on their way between Homo
Chitto and Buffaloe, and to add my opinion that if such acts of
violence do not meet a speedy and decided check they will in-
evitably lead to serious & deplorable Consequences.

With sincere respect & esteem

I have the honor to be,
Sir,

Your obedient Servant

John McKie

The Honble

Colo. Hawkins.

To Benjamin Hawkins.

The Governor returned to Colo: Hawkins' Letter the follow-
ing Answer. -

Natchez December 14th 1801-
Dear Sir,

On the evening of the 12th Instant, I received by Lewis Vaun,
your Communication of the 10th together with the Statement
made to you by Colo : McKie. —

360 MISSISSIPPI TERRITORIAL ARCHIVES.

I am sorry that the conduct of any portion of the Citizens of
this Territory, should have been such as to excite the displeasure
of the Indians and as an evidence of my great solicitude to check
for the future, similar acts of Imprudence, and to preserve a
friendly understanding with our Indian Brethren, I have this
day issued a Proclamation, of which the enclosed is a Copy; —
Perhaps my caution to the People is not sufficiently strong, but
in the course of my little experience of the disposition of Fron-
tier Citizens, in relation to Indians, I have uniformly discovered,
that the language of persuasion, and friendly advice was more
likely to produce a happy effect than any threat of prosecution
& punishment, which could be made.

The case of the man supposed to be murdered, has heretofore
and will continue to receive my attention : — But the fate of the
Indian missing continues so uncertain, and the proof of real Vio-
lence having been offered his person so deficient, that it is not
in my power as yet, to take any efficient measures. —

In a conference which I have had with Lewis Vaun the broth-
er of the supposed deceased I have with great sincerity given him
the fullest assurance that all proper exertions shall be made
by me, to discover and punish the guilty person, if a murder has
actually been Committed; early next Spring, Lewis Vaun has
promised to pay me another visit and in the mean time, he has
pledged his word "that his heart shall be straight." —

With best wishes for a speedy recovery of your health, and
the Complete Success of your Mission1 — I remain with great
respect & sincere Esteem

Your most obd : hble : servt.

William C. C. Claiborne

Colo: Benjamin Hawkins. —

1 Treaty with Choctaws at Fort Adams December 17, 1801, Laws of U.
S., 344.

GOVERNOR WILLIAM C. C. CLAIBORNE. 361

By his Excellency William C. C. Claiborne Governor and Com-
mander in Chief in and over the Mississippi Territory. —

A PROCLAMATION.—

Whereas I have received Official Information, that many of
the Chactaw Indians who are now attending the Treaty at Fort
Adams, are much dissatisfied in consequence of certain "111 treat-
ment, which they report to have received (while on their Jour-
ney) from the white People residing between Homo Chitto and
Buff aloe" ; — And whereas a repetition of such treatment, might
generate 111- Will, and eventually interrupt that friendly under-
standing which exists between the United States, and the Chac-
taw Nation, I have thought proper to issue this my Proclamation,
hereby earnestly exhorting and requiring all and singular the
citizens of this Territory, to refrain from all manner of Offence
and violence against all and singular the Indians, who may be
going to, or returning from the Treaty aforesaid, or who at
any time hereafter, may in a peaceable manner, be passing
through the settlements of this Territory. —

I am well aware that the good people of this District are
subjected to some inconvenience from Indian Visits, and which of
late, are so frequent, as to become burthensome; — But the
Object, for the attainment of which, the Chactaws have been in-
vited from their own Country, being of great importance to the
United States, I trust that every good Citizen will Cheerfully
submit to a temporary Inconvenience, and on all occasions cau-
tiously avoid every Act which might prevent the Complete suc-
cess of the Negociation, or disturb that friendship with our
Indian Brethren, which enables the Traveller in the Wilderness
to sleep secure, and the Farmer on the Frontier, to cultivate his
field in safety. —

362 MISSISSIPPI TERRITORIAL ARCHIVES.

Given under my hand, & the Seal of the Territory near
Natchez, on the fourteenth day of December ; one thousand eight
hundred & one, and in the twenty sixth year of American Inde-
pendence.—

William C. C. Claiborne.
By his Excellency's Command
John Steele, Secretary

On the 18th. . of December, the Governor issued the following
Proclamation. —

By his excellency William C. C. Claiborne Governor and com-
mander in Chief in & over the Mississippi Territory. —

A PROCLAMATION —

Whereas the Legislative Council, & House of Representatives
of this Territory were by adjournment to have met in General
Assembly, at the Town of Natchez in the Government House,
on Monday the 14th . . day of the present Month ; And whereas
by an uncommon fall of Rain, which had raised the water
Courses, and prevented all & singular the Members of the Coun-
cil, and House of Representatives, from attending at the place, &
on the day aforesaid ; — And whereas doubts have arisen, whether
or not by this event the Session of Assembly is not Closed, and
cannot constitutionally be resumed, without the express Au-
thority, and command of the Governor: Now therefore to quiet
all doubts upon this subject, & to give no ground, for any person,
who may be so disposed, to question the validity of the Acts of
the present Assembly: I have thought proper to issue this my
Proclamation, hereby requiring and Commanding the Members
of the Legislative Council & those of the House of Representa-
tives respectively, to met in General Assembly, at the Govern-
ment House in the Town of Natchez, on Saturday the 19th — day
of the present Month, at the hour of 10 O'clock in the forenoon —

GOVERNOR WILLIAM C. C. CLAIBORNE. 363

Given under my hand, and the Seal of the Territory, near
Natchez on this 18th day of December Anno Domini 1801, and in
the (Twenty-) Sixth year of American Independence

(Seal) William C. C. Claiborne

By his Excellency's Command —
John Steele, Secretary —

To James Madison, Secretary of State.

Natchez December 20th . . 1801—
Dear Sir,

I have at this moment, been informed, that the Commission-
ers of the United States,1 have concluded a Treaty (at Fort
Adams) with the choctaw Nation; The Chiefs have consented to
the Opening of a Road,2 through their Lands to Tennessee, but
refuse permission to erect houses of accommodation : I presume
therefore, that this work will shortly be commenced, and when
completed, will no doubt prove a great public convenience. —

The western commerce, the present and ensuing Year, will
be infinitely more valuable, that it heretofore has been- great
quantities of Flour & other articles of Export, have within
these few days arrived at and passed by this Town, and the
Mississippi presents daily a strong proof of the great increase
of Industry, & wealth, among our Western fellow Citizens. —

In this Territory the labour of the Farmer will be liberally
rewarded; our Staple commodity Cotton has been very pro-
ductive, & meets with an immediate and lucrative Market. — I
have heard it supposed by men whose opinions are entitled to re-
spect, that the aggregate amount of the Sales of Cotton, raised
the present year, in this District, will exceed 700,000 Dollars,
which among a people, whose numbers (of all denominations)

'James Wilkinson, Benjamin Hawkins and Andrew Pickens.
2This road was laid out and was known as the "Natchez Trace" or
"Robinson Road."

364 MISSISSIPPI TERRITORIAL ARCHIVES.

do not exceed nine thousand, is an immense Revenue ; — The, fact
is, that Labour here, is more valuable, than in any other part of
the United States, and the industrial portion of the Citizens, are
amassing great fortunes ; — These are truths so generally admit-
ted, that the former objection to the Second Grade of Government
"the increased Expence,1 & the Inability of the people to meet
it" seems to be abandoned, and I hope will never again be re-
vived.—

The Territorial Legislature, (who are still in Session) are
engaged in the formation of a new Judiciary System; — The
manner in which the Superior and Inferior Courts have hereto-
fore been arranged, meets with general disapprobation, and there
is certainly great Room for amendment; — But it is doubtful
whether such will ultimately be made; unfortunately there is a
great difference between the Judges of the Supreme Court, & the
People; one half of the Citizens, & perhaps a greater number,
have no confidence in the Judiciary; the Members of the two
Houses of Assembly are among the most prejudiced, and I fear
upon this Subject they will be inclined to Legislate rather against
Men,2 than upon principle; This is really an unpleasant State of
things, and will not fail to be a source of much trouble to me.3 —
A late decision made by the Superior Court, for this Territory
(and which probably will be found strictly legal) has given rise
to much Complaint, and in a particular manner excites the sym-
pathy of the Legislature. — Subsequent to the ratification of
the Treaty with the United States and Spain, and shortly
before this District, was evacuated by the Spaniards, the Spanish
Governor General, & his agents granted to some of their Favor-
ites, much valuable Land, and in order that the Grants upon In-
spection, might appear legal, they were made to bear date, pre-
vious to the Treaty; — This kind of Conduct, is known to have

1 The principal argument against the second grade of government.

2 The outcome of political differences in the Sargent administration.

8 Chief Justice Seth Lewis gives an interesting account of the war which
was made on the Court by the Legislature, in his manuscript autobiography,
which is on file in the Mississippi Department of Archives and History.

GOVERNOR WILLIAM C. C. CLAIBORNE. 365

been practised, and indeed some persons who have been benefited
by the fraud, are stated to me to have avowed it. — In some few
instances, those fraudulent Grants were made for Lands, which
had been previously bona fide granted, and in a case of this kind,
where a suit has been brought, the holder of the fraudulent
Grant, (which was eldest in date) obtained a Recovery: — In
the Inferior Court, where the Case was first enquired into, parole
Testimony was admitted to invalidate the antidated Grant, &
the Defendant obtained a verdict ; But upon an appeal to the Su-
perior Court, the parole testimont was declared inadmissible,
and of course the Plaintiff succeeded: — This case is thought a
hard one, and the Legislature to afford a remedy, had it in con-
templation, to pass a Law authorizing the admission of parole
testimony, to invalidate certain Spanish Grants, but upon my
intimating to some of the Members, that I could not for the
present, assent to a measure of that kind, it has not been passed.
— I am persuaded that the Spanish agents were guilty of the con-
duct; with which they are charged, & that in this way, much
Land, which according to strict Right, ought to be considered
vacant, has been granted, — But I do not know, how this business
is to be remedied; A statute for the admission of parole Testi-
mony to disprove a Record, would be a great Innovation upon the
Laws of Evidence, and might lead to injurious Consequences, and
yet I can see no other way, in which the frauds complained of
can be guarded against, unless indeed, a Court of Chanchery
would reach the case, and it seems to be the opinion of most of
the Lawyers here that it would not. —

If this subject should be deemed of sufficient Importance; I
should be happy to obtain your sentiments thereon. — I believe
before the Rise of the Legislature, they will present me with a
pretty strong Militia Law, & which is really much wanting in
this Territory. — My Predecessor notwithstanding the exercise
of great exertions, was unable to organize the Militia, and (ex-
cept the regular Troops at Fort Adams) I found the Terri-
tory entirely defenceless. —

366 MISSISSIPPI TERRITORIAL ARCHIVES.

The Citizens are not armed, nor can suitable Arms I fear be
procured in this District ; It would add greatly to the security of
this distant and exposed Frontier if the Executive would send to
Natchez about four hundres Muskets, and as many Rifles, with
directions, that they be sold at such price, as would reimburse
the United States the original Cost. — Until the Militia of the
Territory, are well armed & disciplined, my mind will not be
tranquil; Bordering upon the Dominions of a Foreign Power,
separated from the nearest State (Tennessee) by a wilderness
of 600 miles in extent; — in the Neighbourhood of numerous
Savage Tribes, and with a population of Negroes, nearly equal
to the number of Whites : — There exists no certainty for Peace,
& our best reliance for safety must depend upon a well armed &
well trained Militia. —

The Spanish Government at New Orleans (from latest in-
formation) pays great respect to the commerce of the United
States, and continues very friendly to the Americans who visit
that Port. —

It is still reported that Louisiana & East & West Florida,
are ceded to France, & in support of the truth of the Report
that a Court of Chancery, would give relief against those Anti-
it is stated that the Fortifications at New Orleans, were of late
much neglected, and going fast to decay.1 —

With great respect & sincere Esteem —
I am Dear Sir,

Your most Obd. Hble. . Servt —

William C. C. Claiborne.

The Hble — James Madison
Secretary of State —

JThis letter appears at pages 222 and 223 of Claiborne's "Mississippi,"
but strange liberties are taken in quoting it,

GOVERNOR WILLIAM C. C. CLAIBORNE. 367

To James Madison, Secretary of State.

Natchez January 8th . . 1802 —
Sir,

Since my Letter of the 20th . . Ultimo, I have had nothing very
interesting to communicate. —

The Territorial Legislature have not risen; they progress
slowly in Business, but what they do transact, will I trust be
marked with care & prudence. —

Political disquietude is nearly exiled from this Territory;
among the people I can learn of no other discontent, but on the
subject of the Judiciary, of which, I advised you in my last
Letter; on this point, my best endeavours to remove distrust, &
to excite Confidence, have failed of success; — It is to be la-
mented, that the Supreme Court for this Territory, should be so
deficient in Law knowledge. — The Chief Justice Mr. Lewis is
certainly a man of Talents, & was respectable as a Lawyer, but
his Colleagues Messrs. Tilton & Bruin, (however amiable they
may be in private Life) are generally supposed, not to be quali-
fied for the offices they hold. — Mr. Bruin was (I believe) brought
up as a Merchant and Mr. Tilton it is said some years ago read
Law 12 or 18 months, but was never in the practice ; — If either
of those Gentlemen should resign, (and it is probable, that one of
the two will in a short time) I sincerely hope that the vacancy
may be filled with a character possessing good Law informa-
tion.—

The Legislature have now under Consideration, a Bill to vest
in the Superior Court, an equity jurisdiction; I believe myself
dated Grants mentioned to you, in my Letter of the 20th — Ulti-
mo ; — These frauds have certainly been numerous, & if no way
can be devised to discover & defeat them, much confusion, &
wrong will (possibly) arise in this Government. —

The News of Peace in Europe,1 reached this place on yester-
day, by the way of New Orleans: — I congratulate you on this

treaty between England and France signed October 1, 1801.

368 MISSISSIPPI TERRITORIAL ARCHIVES.

great Event ; it is interesting to the cause of humanity, & cannot
fail to advance the happiness of mankind. —

Colo : Steele continues in bad health, and unable to attend to
Business. —

Accept assurances of my great Respect & sincere Esteem —
I am, Sir,

your most obd : Hble : Servt.

William C. C. Claiborne
The Honble : James Madison
Secretary of State —

To Lewis Evans.

The Governor wrote the following Letter to Mr. Lewis Evans,
on removing him from the office of Sheriff of Adams County. —

Natchez January 9th — 1802.
Sir,

Mr. David Ker is appointed your Successor as Sheriff for the
County of Adams, and was this day sworn into office; you will
therefore be good enough to deliver to Mr. Ker, any papers in
your hands appertaining to the duty of Sheriff for Adams
County, and condiser yourself no longer authorized to act in that
Character. — It will be your duty also, to surrender to Mr. Ker
any prisoners which you may have in charge, together with the
Keys of the Jail, & such other public property, as may have been
confided to our care. —
With great respect.

I am Sir,

your hble — Servt —

William C. C. Claiborne.
Mr. Lewis Evans. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 369

To William Vousdon.

The Governor wrote the following Letter to Mr. William
Vousdon upon his declining to serve as Treasurer General. —

Near Natchez January 11th — 1802 —
Sir,

I have received your Letter of the 9th Instant in which you
express an Intention, not to accept the Commission of Treasurer
General for this Territory —

I was very solicitous to have availed the Public of your serv-
ices in so important an office, but the reason you assign for de-
clining, is such, that I can no further press your acceptance, and
must pray you, to receive my best wishes, for a speedy restoration
of your health. —

With respect and Esteem.
I am Sir,

your most obd. Hble — Servt

William C. C. Claiborne

Treasurer General.

Abner Green Esquire, was on the 12th. January ap-

pointed by the Governor, Treasurer General. —

To James Madison.

Natchez January 20th— 1802 —
Sir,

I take the liberty to enclose for your perusal, a Letter, which
I this day received from Mr. Harding, the Attorney General
of this District containing an interesting detail of the situation
of some claims for Land in this Territory. —

370 MISSISSIPPI TERRITORIAL ARCHIVES.

A Judicial Decision, which was noticed in my Letter of the
20th — Ultimo, is the one alluded to by Mr. H, & if the Statement
made by this Gentleman be correct, and I have now reason to
believe that it is strictly so, it seems to me, that the legality of the
opinion delivered by the Supreme Court may well be ques-
tioned.—

I must ask the favour of you, to lay Mr. Harding's Letter,
before the Attorney General of the United States, and to request
his opinion how far the antidated Spanish Grants may be con-
sidered as valid, & in what manner, it would be most advisable,
to have them investigated; — The clamours of Citizens here,
are great upon this subject, & their resentment much excited, at
the Idea, that the Parties concerned in such frauds, should de-
rive any benefit therefrom. —

The Peace in Europe, has greatly lessened the price of all
Exports (except Cotton which continues high & in demand) at
New Orleans, & I fear that many of the Western Citizens, who
have lately adventured in the Mississippi Commerce, will sustain
great loss. —

It was two days ago reported in this Town, that an Em-
bargo was about to be laid upon American Vessels at Orleans,
and the Commerce for the future, would be excluded that Port.
— Although I gave no credit to so improbable an event, it became
my duty to trace the report to its source, & am now authorized
to suppose it entirely unfounded: — The Spanish Government
however at Orleans, has of late, manifested some solicitude &
uneasiness — the cause of this anxiety is not certainly known, but
an American at Orleans conjectures that it proceeds from the
cession of Louisiana to France, and the approach of French
Troops to take possession of the District : — I hope & believe this
conjecture will prove groundless, but it seems to be credited in
this quarter. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 371

I have not had the honour of a communication from you
since my arrival at Natchez. —

With the most respectful consideration,
I am Sir,

Your very Hble — Servant

William C. C. Claiborne
Hble..

James Madison

Secretary of State. —

To Thomas Jefferson, President of the United States.

Copy of a Letter from the Governor, to the President of tht
United States. —

Natchez January 21st. 1802 —
Sir,

I have the honour to enclose you, an address from the House
of Representatives of the Mississippi Territory,1 & have the
pleasure to add, that the sentiments it contains, are in unison
with the feelings of a great Majority of the Citizens of this Ter-
ritory.—

I am persuaded an opinion generally prevails in this District,
that the Liberty, Peace, & safety of our Country, greatly depend
upon the preservation of our present National Union, & free
Government; and to give duration to such important Impres-
sions, will be among the greatest objects of my public cares. —
With great Respect and sincere Esteem
I am Sir,
Your most obd : Hble . . Servant —

William C. C. Claiborne—
The Honble. . Thomas Jefferson
President of the U. States —

1 The address, with the reply of the President, are on file in the Depart-
ment of Archives and History.

372 MISSISSIPPI TERRITORIAL ARCHIVES.

To Thomas Jefferson, President of the United States.

House of Representatives of the Mississippi Territory. —

January 20th. A.D. 1802—
Mr. West from the Committee appointed for that purpose,
presented the Draft of an address to His Excellency the Presi-
dent of the United States, which being twice read, was unani-
mously adopted as follows. — To wit. —

An address from the House of Representatives of the Mis-
sissippi Territory to His Excellency Thomas Jefferson President
of the United States. —

Sir,

In the course of a Long, Honourable, and useful Life, your
Love for Mankind and their Rights, your Wisdom to discern,
firmness to pursue, and solicitude to promote the true interests
of the American Nation, have been eminently conspicuous, and
while such virtues and Talents have attracted our admiration
and Esteem, they could not fail to inspire a respect for, and a
confidence in your Administration. —

In superintending the affairs of United America, and for-
warding the welfare of your numerous constituents, we are fully
assured that this Territory will occupy a due proportion of your
care, and on all proper occasions, will receive the fostering sup-
port of the General Government. —

No part of the United States Sir, possesses more local ad-
vantages than this District and her advancement to prosperity,
promises to be speedy and certain. — We acknowledge with grati-
tude, that under your paternal auspices, our prospects for politi-
cal happiness have greatly brightened, and we anticipate with
fondest expectation, the arrival of a period, when this Territory,
mature in age, strong in population, and rich in resources, will
add still greater security & confidence to the American Union
& we flatter ourselves, that her present & future Legislators, will
remain no less zealous & firm in the support of virtuous Rulers,

GOVERNOR WILLIAM C. C. CLAIBORNE. 373

& virtuous measures than in a Strict adherence to constitutional
provisions, & those republican principles, which the Patriots
of Seventy Six, had the goodness to conceive, the boldness to
avow, and the fortitude to maintain. —

WE PRAY ALMIGHTY GOD, to prosper your administra-
tion, & extend to a Life so valuable, the particular patronage of
HEAVEN.—

(Signed) H. Hunter, Speaker of the house

of Representatives.
Resolved that the above address be transmitted by the
Speaker, to Governor Claiborne, who is hereby requested to for-
ward the same, to the President of the United States. —
Extract from the Journal

E. L. Harris, C. H. R.—

To James Madison.

Natchez 23rd. . January 1802—
Sir,

On the Evening before last, the message from the President,
to the two Houses of Congress, at the opening of the Session,
reached this Town ; — The perusal of this interesting communica-
tion afforded me great pleasure, and I feel greatly solicitous
for the adoption of the measures recommended. —

The state of this Territory, is not such as I could wish, nor
is the prospect for unanimity in Society, as flattering as I had
once anticipated : Some few domestic factions, & private parties
still exist, & to lay this Evil Spirit, much time will (I fear)
be required : — It is a pleasure however to me to know, that those
parties were created before I came into the Government, &
that I have firmness enough, to act independent of any of them,
& virtue sufficient, to be just to all. —

374 MISSISSIPPI TERRITORIAL ARCHIVES.

The Legislature of the Territory continues in Session, but
will probably adjourn in a few days; — with love of Country &
honesty of intention this Body is amply supplied, but there is
a deficiency in Legislative information, & experience, which oc-
casions much embarrassment, & will I fear be attended with some
public injury.

The Laws pas'd by the Governor & Judges under the first
Grade of Goverment, were greatly defective, and most of them
have been repealed ; — The Legislature have adopted very nearly
an entire new Code of Laws, and these also will (no doubt) be
found imperfect, but I felicitate myself with a hope, that when
put in practice, they will conduce more to the convenience, &
protection of the people, than those, they have heretofore been
accustomed to. —

A Law to prohibit the importation into the Territory, of Male
Slaves, above the age of Sixteen, past the House of Representa-
tives, but was rejected in the Council ; — this kind of population,
is becoming alarming, and will in all probability, (sooner or
later) prove a source of much distress : — The culture of Cotton
is so lucrative, and personal labor consequently so valuable, that
common Negro Fellows will generally Command five hundred
dollars per head, and if such encouragement should long be af-
forded, to the sellers of Negroes, this Territory must soon be
overrun, by the most abandoned of that unfortunate race. —

I am making exertions to organize the Militia of this Dis-
trict;— but many obstacles present, the greatest of which are
the want of arms and the means of obtaining a supply. —

I am Sir,

Your most obd. Servant —

William C. C. Claiborne.

The Honble. .

James Madison

Secretary of State. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 375

To Bernard Lintot.

The Governor wrote the following Letter to Mr. Lintot, upon
his resigning the office of Treasurer for the County of Adams. —

Natchez 28th. January 1802—
Sir;

Your Resignation of the Office, of Treasurer for the County
of Adams is accepted and Mr. John Henderson is appointed
your Successor, to whom you will be pleased to deliver the ac-
counts, vouchers and other Documents relating to said Office. —
Conscious of your Official Talents & Integrity, I regret the
loss of your services, but the reason you have assigned for re-
tiring from public employment, is such, that I can no longer press
your continuance. —

With a sincere wish for your
happiness in Life,
I am Sir,

with great respect

Your mo : obt. hble. . Servt —

William C. C. Claiborne
Mr. Bernard Lintot. —

To James Madison, Secretary of State.

Natchez February 5th— 1802.
Sir.

On the 29th . . Ultimo I addressed to General Wilkinson, who
was then in this Neighbourhood, a Letter, a Copy of which to-
gether with his answer, are herewith enclosed you. —

I hope the request, I have made of the General, will not be
deemed improper ; — peace within & without at present, prevails
in this Territory, but surrounded as it is, by numerous Indian
Tribes, and with a population of Negroes, nearly equal to the

376 MISSISSIPPI TERRITORIAL ARCHIVES.

number of Whites, the continuance of that Peace, is certainly
precarious, and it seemed to me advisable, to have the spare Arms
at Fort Adams, placed in some situation, where, in the hour of
danger, the Militia could be furnished with the means of de-
fence.—

The erection of this Arsenal will be attended with no in-
creased expence, to the United States ; — the Houses will be erect-
ed by the men, and the use of the land upon which the Arsenal
is placed, and the necessary timber shall be procured gratis. —

The Territorial Legislature closed their Session on the Second
Instant; — their acts are not voluminous, but for the want of a
good Printer at this Town, the Printing and Publishing them
will probably be attended with great delay, trouble and expence :
— The People already complain, that they are not informed of
their Laws ; — the fact is so, but it is not in my power to remedy
the misfortune; — the only Printer in this Territory, (& by the
by he is a novice in his profession) is employed upon high wages,
to print the Laws ; — the work is commenced, but from the want
of Types, a good Press, & necessary assistance, it will not be com-
pleted for several months. —

I am surprised that some of the Northern Printers, do not
turn their attention to this Territory ; — I know of no part of the
Union, where a Paper well conducted, would be more lucrative
to the Editor, or greater advantage to Society. —

Mr. Sargent arrived a few days ago, & was friendly received,
by those Gentlemen, who were most active in his support, while
Governor : — Mr. Sargent has retired to his farm, and I have not
yet been informed of any exertions on his part, to embarrass my
administration. — A violent dispute has arisen between the two
Houses of Assembly and Mr. Lewis the Chief Justice of this Ter-
ritory who has many friends ; — upon the Petition of some Citi-
zens, the assembly authorized the taking of depositions, as to the
Official conduct of the Judge, with a view, I suppose of exhibiting
to Congress charges against the Judge, and to solicit his impeach-
ment:— Here then is an occurrence, which has increased still

GOVERNOR WILLIAM C. C. CLAIBORNE. 377

more, the flame of party, & rendered the restoration of entire
harmony, to this Society, (for the present) without the reach of
human Power. —

The Papers printed at Washington, for which I have sub-
scribed, are so frequently lost or destroyed on the passage, by the
Mail to this distant Settlement, that you will confer on me a
great favor, if you would occasionally inclose me a paper which
should contain any interesting information. —
With great respect,

I am Sir,

Your mo : obd : Hble — Servant

William C. C. Claiborne
The Hble.

James Madison

Secretary of State. —

To James Wilkinson.

Natchez 29th. January 1802 —
Dear General,

The exposed situation of this Territory, and the causes which
exist to apprehend danger from within & without ; — the general
want of arms among the Militia, & the feeble stand, which they
would be enabled to make in the event of Indian hostilities or In-
surrection among the Negroes, are facts which could not have
escaped your notice. — I know indeed that the small detachment
of Federal Troops on command in this quarter, would afford
some succour, but much slaughter might (probably) ensue before
this force could be brought to act and it could not give certain se-
curity without support from the Militia. —

Finding the Territory thus situated, I am induced to solicit
you to erect a small Block-House, central to the population of the
District as a place of deposit, for such spare Arms as may now

378 MISSISSIPPI TERRITORIAL ARCHIVES.

be lodged at Fort Adams, subject to my order & to the use of the
Militia if occasion should demand. —

I do believe that an establishment of this kind would add
greatly to the safety of the People, & I trust it may be made
without injury to the public service: — A small Guard would only
be necessary & a Subaltern's Command would be amply sufficient.
— You know Sir, that Fort Adams is some distance from the
populous settlements, and the spare Arms at that place would be
of little service to the body of the Militia, in the event of a sud-
den attack. —

With respect & Esteem
I am Sir,

Your obd. Hble- Servant

William C. C. Claiborne
General

James Wilkinson

To Gov. Claiborne from James Wilkinson.

Natchez January 29th. 1802
I have received your Letter of the Day, & believing that noth-
ing can be more agreeable to my Superiors, (in the disposal of
the Military) than the promotion of the safety, and tranquillity
of our Fellow Citizens, I shall with pleasure obey your requisi-
tion, by the Establishment of a small party, central to the popu-
lation of the Territory, at such point as you may prefer, with
250 or 300 stand of Arms, subject to your Order — I never
thought otherwise, than that our Troops were intended for the
accommodation of the Civil authority, to be used or employed,
as circumstances should render necessary, & therefore my judg-
ment maintains the propriety, & expediency, of the measure
you propose — I will however hope Sir, to prevent expense to the

GOVERNOR WILLIAM C. C. CLAIBORNE. 379

public, that ground & Timber may be furnished for the neces-
sary Cabbins free of cost.1 —

With sincere respect & Esteem
I am Dear Sir,

Your Obd- Servant —

Jas. Wilkinson
His Excellency

Governor Claiborne —

To the Governor General of Louisiana.2

The Governor having received information (upon Oath) of
a Robbery having been committed on the Mississippi, addressed
the following Letter to the Governor General of Louisiana. —

Natchez February 10th— 1802. —
Sir,

From the friendly understanding, which happily exists be-
tween the United States, and his Catholic Majesty, I take the
liberty to acquaint your Excellency, with a daring Robbery
which has lately been committed upon some Citizens of the
United States, who were descending the River Mississippi on
their passage to this Town. —

The particulars of this transaction, are detailed in the papers
enclosed, and to which, I beg leave to refer your Excellency; —
It is indeed uncertain, whether the persons who were concerned
in this act of Piracy, were Spanish subjects, but it seems,
from the statements made, that the offence was committed more
immediately, within the Jurisdiction of Spain. —

I have (by Letter) requested the officer commanding the
United States Troops, at the lower Chickasaw- Bluffs, to make
proper exertion to arrest those Pirates and Felons, if to be

1 This correspondence led to the establishment of Fort Dearborn at the
town of Washington, six miles east of Natchez.
2Manuel de Salcedo.

380 MISSISSIPPI TERRITORIAL ARCHIVES.

found upon the American soil, and I doubt not but your Excel-
lency will on this occasion, issue the necessary orders to your offi-
cers on the Mississippi & Arkensaw Rivers. —

The safety of the Western Commerce, is greatly interesting
to both the United States and Spain, and if prompt and decisive
Efforts should not be made to detect, & punish those recent of-
fenders, similar outrages upon the Mississippi, will probably
ensue, and much injury may be done to the Citizens of the one
and Subjects of the other Nation. —
I pray your Excellency, to be

assured of my perfect respect, &
consideration —

William C. C. Claiborne
His Excellency

The Governor General of Louisiana
At New Orleans. —

To Richard Sparks.

Natchez Feby. lOh. 1802.
Dear Sir,

The enclosed extract from a paper published in this Town,
will acquaint you of a daring act of Piracy and Robbery which
has lately been committed on the Mississippi, a little below the
mouth of the Ausark River. —

I doubt not, but that you will exercise the necessary vigilance,
and use all the exertions in your power, to detect the offenders ;
— It is possible they are making up the Mississippi and may call
at Fort Pickering, and with a view to a discovery, I enclose you a
list of the Articles Stolen. —

The Citizens who navigate the Mississippi, are frequently
exposed to insult and injury, and I pray you to advise all who
may stop at the Garrison, to observe caution on their passage &

GOVERNOR WILLIAM C. C. CLAIBORNE. 381

to be prepared at all times to repel by force any attack which
may be made upon their persons or Property. —
With great respect & Esteem
I am Sir,

Your mo : obd : Hble — Servt

William C. C. Claiborne
Capt- Ricd: Sparks
Commag. officer
at Fort Pickering
on the Mississippi

To James Madison.

Near Natchez February 16th— 1802—
Sir,

Since my arrival in this Territory, my Letters to you have
been frequent, and I trust they have been regularly received,
but of this, I have no assurance, as no communications from the
Department of State, have yet reached me. —

An election for members to the Territorial Legislature, will
take place, in July next, and the People are already greatly agi-
tated in canvassing the merits of rival candidates : — The oppo-
sition to the present members is warm, & will probably be suc-
cessful ; — In this quarter, popular f vaor is uncommonly fluctuat-
ing;— the population of the District, is composed of a very
heterogenous mass, and their political principles & opinions are
as different as the Customs & prejudices which prevail in the dif-
ferent States or Nations from whence they emigrated, and from
this cause, (if no other existed) the acts of each succeeding
Legislature, will be deemed exceptionable. —

That a decided Majority of the People of this Territory,
are Americans in principles and attachments, I do verily believe
But (to my great Mortification) there are persons here, on whose

382 MISSISSIPPI TERRITORIAL ARCHIVES.

Judgments and hearts, former habits have made unfortunate
Impressions; favorable to Monarchy, and inimical to every Gov-
ernment that recognizes the Rights of Man. —

Several families from Kentucky, Tennessee and this Terri-
tory, have lately emigrated to the Province of Louisiana, (and it
is feared that this example may be followed by others ; —

The facility with which lands may be acquired under the
Spanish authority, and the prevalence of an opinion that the sub-
jects of Spain are exempt from taxation, are probably the prin-
cipal Inducements to this abandonment of their Country. —
With respect —

I am Sir,

your hble — Servt —

William C. C. Claiborne
The Honble—

James Madison —

Secretary of State —

Petition to Gov. Claiborne for pardon of George Rapalge.

February 20th— 1802.

On this day, a petition signed by a number of the Citizens of
the Territory, was presented to the Governor, praying that a
pardon might be granted to George Rapalge, heretofore convicted
of manslaughter, in the Supreme Court, & who after conviction,
was bound in recognizance to appear in Court from day to day,
until the sentence of the law against him was announced, but
which he had failed to do. —

The Governor observed to the Bearer of the petition, that
Rapalge, was a fugitive from Justice; had bid defiance to the
Law, & was consequently an unfit object of mercy that no ap-
plications in his favour could be considered until he had surren-
dered himself into Custody. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 383

To James Ferrall,

The Governor wrote the following Letter to the Public
Printer.1 —

Near Natchez February 23rd— 1802—
Sir,

It is not in your power, to render me a greater favor, than by
publishing with all possiblr dispatch, the Laws passed at the late
Session of the Legislature. —

It is the duty of the Secretary for the Territory, to keep you
regularly supplied with attested copies of the acts, & to exam-
ine from time to time, the proof sheets, & which duty, I am well
assured, will be faithfully discharged. —

If there is any thing in my power to do, which will assist
you, in the prosecution of the work, you will be pleased to men-
tion it; — the People ought certainly, at an early period, to be
made acquainted with the Laws, by which they are bound, and no
one can regret more sincerely than myself, the delay which neces-
sarily attends their Publication. —

I am Sir, with respect,

your Hble — Servt —

William C. C. Claiborne

James Ferrall Esqr —

Printer for the Territorial Legislature.

To Henry Hunter.

Near Natchez February 24th — 1802 —
Sir,

I have received a Letter, Signed by a number of the Citizens
of Pinckneyville, and its vicinity, in which they have tendered
their services as a Volunteer Company of Infantry, accompanied

1 First mention of a public printer, although Andrew Marschalk printed
the Sargent laws.

384 MISSISSIPPI TERRITORIAL ARCHIVES.

with a wish, that certain Gentlemen, (who are named) may be
appointed to command them. —

The Militia Law of the Territory, does not admit of any vol-
unteer Corps, except one Company of Artillery in the Town of
Natchez, and a Troop of Horse, in each County : — The meeting
therefore of my fellow Citizens at Pinckneyville has been prema-
ture, and it is not in my power at this time, to forward their
Wishes. —

I greatly admire the motive, which gave rise to the Pinckney-
ville association; — It is an honourable and Laudable Spirit,
which I shall cherish with the most anxious care. —

A well regulated Militia, is certainly essential to the safety
of the Territory ; — But so desirable an object cannot be effected,
without a zealous and firm co-operation, on the part of the
People. —

With a view to conciliation, & to insure a prompt and cheer-
ful attention to Military duty, I have determined to request the
different Militia Companies, to nominate (by Election) such
characters as they would wish me to Commission as Captains,
Lieutenants, and Ensigns, and the probability is, that on these
occasions, I shall uniformly (unless some very cogent Reason for-
bids) comply with the wishes of the People. —

The Law makes it the duty of the field Officers, in the dif-
ferent Counties, to lay out the bounds of Company Districts,
& until this duty is performed, no Election for the nomination
of Officers in the Infantry, will be regular. —

I did on yesterday, appoint & Commission John Ellis, Colonel
& Richard Butler, Major of the Wilkinson Militia, & they shall
receive orders to proceed (without delay) to prescribe the bounds
of Company Districts, in Wilkinson County, and to fix a time
& place for the Citizens within the Limits of each Company, to
meet & nominate their Officers. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 385

Will you inform the Citizens of Pinckneyville & its vicinity,
that I hold them, in high estimation, & shall take much pleas-
ure, in promoting their happiness & welfare. —

I am &c —
(Signed) William C. C. Claiborne
Colo. Henry Hunter —

Governor's Address to the Freemen of the Territory.

An Address from the Governor and Commander in Chief of
the Mississippi Territory to the Freemen thereof. —

Fellow Citizens,

I solicit your attention to a subject inseparably connected
with your most precious Interests. — In your patriotism and
virtue, I fully confide, and I expect from you, a cheerful, firm,
and zealous co-operation in the execution of a measure which
is deemed essential to the welfare of the Territory, and the pro-
tection of the dearest rights of Man. —

The experience of ages, and of our own times, confirms the
important truth, that the Yeomanry of a Country, should con-
stitute its chief defence, against internal commotion, external
violence, and that where this Sentiment is not fostered, Liberty
must soon cease to dwell.

The Genius of United America has ever been averse to stand-
ing Armies, and the Wisdom of her Government, will not main-
tain a greater regular force than is sufficient to Garrison a few
frontier Posts, and the most exposed of our Sea-port Towns; —
For National security, the great Body of the Militia are con-
fidently relied upon; — but to give effect (on our part) to this
palladium of our Country's honor and safety, we must organize,
arm & discipline those, who are liable to Militia duty, & for this
purpose fellow Citizens, I claim your combined efforts, to carry

25 ^rss-' -y

386 MISSISSIPPI TERRITORIAL ARCHIVES.

into strict execution, a Law recently passed by the Territorial
Legislature for the occasion. —

Why should freemen consign to others, the protection of their
Wives, their children, and their Country? With whom could
trusts so sacred, be as safely deposited? —

A band of Citizen-Soldiers accustomed to the use of Arms,
and trained in the principles of discepline, may combat with
success a Veteran Army, long dedicated to war : — An old Corps
indeed, might excel in patience and mechanical concert but the
Citizen-Band animated by a love of their Country, and the recol-
lection of their families, would be inspired with an enthusiastic
ardour, which no danger can appal, & no barrier resist; — and
Bunker's Hill & Gemappe afford ample testimony of the fact.

Although the great blessing of Peace, at present pervades
our Land, yet in the progress of events, we know not how soon
this tranquillity may be disturbed, and a wise people ought at
all times be prepared, to assume "such an attitude in arms, as
would forbid the Idea of invasion or usurpation." —

If we take an attentive view of our particular local situation,
we shall find our infant society far removed from the limits of
seasonable succour, from our Mother States, and exposed on all
sides to perilous casualties. — Thus circumstanced every Eye
must see, and every Breast must feel, the propriety, of establish-
ing and acquiring the means of security & defence. The subject
embraces every Man's Interest, and should unite every Hand
& every Heart. —

For myself fellow Citizens I promise you that nothing shall
be wanting which zeal and assiduity may compass, and whenever
the Public good should require our services, it shall be my pride
and my glory, to participate in all your toils, and all your dan-
gers.—

William C. C. Claiborne

Near Natchez March 1st. 1802.-

GOVERNOR WILLIAM C. C. CLAIBORNE. 387

March 2nd— 1802.

On this day the Governor assisted by the Treasurer General,
examined the accounts of Bernard Lintot Esquire late Treas-
urer for the County of Adams & found the same to have been
regularly kept, & the monies received justly accounted for. —

To Lyman Harding.

The Governor wrote the following Letter to Mr. Harding
late Attorney General for the Territory. —

Near Natchez March 3rd. 1802.
Sir,

If Mr. Farrar, Mr. Conner or any other Persons have paid
to you money on account of fines or forfeitures, you will be
pleased to pay the amount to the Clerk of the Court where the
forfeiture was incurred or the fine imposed & by the Clerk,
the money will be paid over to the Treasurer General. — This is the
only legal mode of proceeding & I am persuaded you will con-
form thereto ; — Your claims against the Territory shall be duly
examined, & so far as may depend upon my agency, Strict
justice shall be observed in the settlement thereof; — I shall
have no objection to assist the Treasurer in the examination of
your accounts on Saturday next, provided the proper payment,
shall previously have been made- to the Clerk. —

I am &c

William C. C. Claiborne

L. Harding Esquire —

To James Madison.

Near Natchez March 6th— 1802
Sir,

In my Letter of the 5th Ultimo, I advised you of a request
which I had made of General Wilkinson "to erect a Block-

388 MISSISSIPPI TERRITORIAL ARCHIVES.

House, at some situation, central to the population of the
Territory, as a place of Deposit for the spare arms at Fort
Adams". —

I still think, that an establishment of this kind, will add
greatly to the security of the District & I flatter myself, it will
receive the approbation of the President. —

The organization of the Militia at present occupies much of
my attention ; — I find it an unpleasant & difficult undertaking —
But I hope, I shall at least be (partially) successful. —

The approach of the Election of Members of the Territorial
Legislature, has greatly increased the flame of Party, and the
quietude of this little Society, is disturbed by party divisions,
infinitely more rancorous than any I have ever witnessed in our
Mother States ; — "This Tempest of popular Passions" will prob-
ably rage with unabated fury, until the Elections are over, which
will take place on the fourth Monday of July next, and then I
hope for the return of a calm & happy political hemisphere. —

The Laws passed at the late Session of the Legislature, are
yet in the press, as soon as they are printed, a copy shall be trans-
mitted to you. —

Colo: Steele the Secretary for this Territory has recovered
his health. —

With the greatest respect
& Esteem
I am Sir,

your mo: obt: Hum: Sert:

William C. C. Claiborne
The Honourable

The Secretary of State

for the United States

GOVERNOR WILLIAM C. C. CLAIBORNE. 389

Passport to John Duhamel.

On the 9th of March, the Governor issued a Passport to Mr.
John Duhamel a Citizen of the Territory, in the words follow-
ing:—

By William C. CwClaiborne, Governor and Commander in
Chief of the Mississippi Territory of the United States. —

These are to request all States, Potentates & others, whom
it may concern, to let Mr. John Duhamel a Citizen of the Terri-
tory aforesaid, going by Sea to Philadelphia, pass safely &
freely without giving or permiting to be given to him, any hin-
drance, but on the contrary, affording to him, all aid and pro-
tection, as we would do in like case for those, who might be
recommended to us. —

In testimony whereof, I have delivered to him, this Passport,
signed by my own hand, with the seal of the Territory annexed,
& dated near Natchez, on the 9th. of March A.D. 1802, & in the
26th. year of American Independence. —

William C. C. Claiborne
Seal By the Governor

(Signed John Steele Secretary.

To Gov. Claiborne from Gov. B. Williams of North Carolina.

On the 6th. of March, the Governor received the following
Letter from his Excellency B. Williams, Governor &c of the
State of North Carolina. —

State of North Carolina
Raleigh January 14th. 1802
Sir,

In compliance with a resolution of our General Assembly,
passed at its late Session, an authenticated Copy of which, I
do myself the honour to here enclose you, as well as the Copy

390 MISSISSIPPI TERRITORIAL ARCHIVES.

of a Bill of Indictment found by the Grand Jury for the District
of Hillsborough at April Term 1798 against a certain Stockley
Donelson & William Tyrrel charged with conspiracy, combina-
tion and confederacy against this State. — This Bill of Indictment
has been prepared by our Clerk of the Superior Court for the
District of Hillsborough is signed by him & accompanied by such
solemn and usual Forms as shews its authenticity; — the said
Stockley Donelson & William Tyrrell having fled from this State
as it would appear with intention to elude the Justice thereof
and as I am informed are one or both residing within the limits
of the Territory over which you preside: — Pursuant therefore
to an act of the United States Intituled "An Act respecting Fugi-
tives from Justice & persons escaping from the service of their
Masters" approved February 12 — 1793. and in compliance with
the resolution aforesaid, grounded on the before mentioned Bill
of Indictment, I have to request that you will be pleased to cause
the said Stockley Donelson and William Tyrrell to be arrested
& imprisoned ; & that you will further have the goodness to favor
me with the earliest advice thereof for the purpose of taking
the necessary measures to remove them to this State for trial. —
With respect & consideration
I have the honour to be your
Excellency's Most Obt-
His Excellency (Signed) B. Williams

William C. C. Claiborne.

To Hon. B. Williams, Governor of North Carolina.

Mississippi Territory Near Natchez. March 11th. 1802 —
Sir,

I have the honour to acknowledge the Receipt of your com-
munication of the 14th- of January last, together with the docu-
ments referred to. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 391

It is not probable that either of the fugitives from Justice
whom your Excellency requests may be arrested are within the
Limits of the Mississippi Territory. —

Upon enquiry, I cannot learn, that Stockley Donelson was
ever in this Territory: — William Tyrrell was at Natchez about
two years ago, & from thence (it is said) he emigrated to Pensa-
cola, within the Spanish Dominions. —

Your Excellency however may be assured that if either or
both of those Men, shall be found within the Limits of the Mis-
sissippi Territory, I will cause him or them, to be arrested and
imprisoned & will embrace the earliest opportunity, to give you
information thereof. —

With the most respectful consideration,
I have the honor to be
your Excellency's

Most obt. Humble : Servt.
His Excellency William C. C. Claiborne

B. Williams

To John Henderson.

Near Natchez, March 18, 1802.
Sir,

Israel Waters a black man states to me that on his arrival
in Adams County, he had a certificate or Evidence, of his free-
dom recorded, in the Recorder's Office, and that having lost the
original, & being about to depart from the Territory, he wishes
an attested Copy from the Record. — The New Law having
assigned the Duties of the Recorder to the Clerk of the County
Court, Mr. Walker would be the proper person, to give Israel
Waters, the Instrument of writing which he wants, and for this
purpose, I wish you to furnish Mr. Walker with the Book, in
which the evidence of this man's freedom is recorded. —

392 MISSISSIPPI TERRITORIAL ARCHIVES.

Perhaps it will be most regular to surrender to the County
Court, at its first meeting, all the Books & Papers of the Re-
corder's Office, but there can be no impropriety, in placing tem-
porarily in Mr. Walker's possession any papers of which attested
Copies may be desired. —
With respect &c

I am &c &c
Mr. John Henderson William C. C. Claiborne

Late Recorder for the

County of Adams

To Peter Walker,

The Governor wrote the following Letter to Peter Walke*
Esquire, Clerk of the County Court for the County of Adams. —

Near Natchez March 18th— 1802—
Sir,

Israel Waters a black man, wishes an attested Copy, of a
"Certificate or Evidence of his freedom" which he says was re-
corded in the late Recorder's Office for Adams County. —

The Duty of Recorder for Adams County is now assigned to
you, by Law, and of course, you alone, can give Waters the In-
strument of Writing, which he solicits. —

I have requested Mr. Henderson, to furnish you, with the
necessary Record, & I presume he will do so upon application. —
With respect &c

I am &c
(Signed) William C. C. Claiborne
P.S. I suppose it would be most proper for Mr. Henderson,
to make a general surrender of the Books and Papers of his late
Office, to Adams County Court, at its first meeting, but in the

GOVERNOR WILLIAM C. C. CLAIBORNE. 393

meantime Mr. Henderson will no doubt place temporarily in your
possession any papers, of which Copies may be required. —

w. c. c. a—

Peter Walker Esquire

Clerk of the County Court for
Adams County. —

To John McKee.

The Governor wrote the following Letter to Colo: John
McKee agent for the United States in the Chactaw Nation.—

M. T. Near Natchez March 28th— 1802—
Sir,

On the night of the 14th- Instant a Negro Man the property
of Mr. George Fitzgerald of this Territory, was murdered by
some unknown Person. —

All the Circumstances attending this transaction which have
been brought to light, you will find detailed in the enclosed Letter
from Mr. Fitzgerald to the Attorney General. —

It seems that suspicion attaches to some Indians of the Chac-
taw Tribe, and with a view to a discovery, the clothes of the
deceased Negro, which was supposed to have been taken away
by the assassin, is particularly described: — I must solicit you
to make some enquiries in the Nation, relative to this affair, and
to acquaint me with the result. — The Indian visits to this Dis-
trict are frequent and oppressive; — they are encamped by
dozens, in every Neighborhood & support themselves principally
by depredations upon the Cattle Hogs &c &c of the Citizens; —
I am convinced that the Chactaw Nation, must disapprove of
such conduct on the part of any of their People, & it is my in-

394 MISSISSIPPI TERRITORIAL ARCHIVES.

tention by the next Mail, to forward to you an address to the
Chiefs upon this subject. —

With respect & Esteem
I am Sir,

your Huble — Servt-
( Signed) William C. C. Claiborne
Colo: John McKee

To Gov. Claiborne from Gov. De Salcedo of Louisiana.

Copy of a Letter from the Governor General of the Province
of Louisiana to the Governor of the Mississippi Territory.

New Orleans, February 28th— 1802—
Sir,

I have perused with the most lively sentiments your Letter
of the 10th. . ultimo which I immediately caused to be trans-
lated, as also the Documents contained therein, in order to take
the most effective means of ascertaining the enormity complained
of and for the discovery of the Criminals

It is truly impossible to determine, whether the delinquents
are Spaniards or Americans; — I see no reason why it ought
to be more particularly charged to my Nation, because the Crime
appears to have been committed near to a Spanish River, —
those places are uninhabited, and for six or seven Spanish boats
which go up to the settlements of the Illinois, there passes two
hundred American Flats & Barges, which come from the States
& Western Settlements ; as they have the freedom and use of the
Navigation of the Mississippi; — Vagabonds without number
introduce themselves by that means, who have fled from, or who
do not, or cannot return to the United States. —

It is impossible for me to do anything with this class of
People without giving room for complaints, or my motives being

GOVERNOR WILLIAM C. C. CLAIBORNE. 395

wrongly interpreted, because it is not the custom of the Amer-
ican Governments to give passports, as in Spain, when People
travel from one place to another — only when the Flats arrive
here the Patrons, owners and passengers present themselves; &
even in that case, not without dificulty, as it were by force. —

Contrary to the strictest orders given throughout this prov-
ince, many introduce themselves, to whom an asylum is given,
either through humanity or Interest, & many go wandering
through the woods until they penetrate to the Nation, where they
remain to the great prejudice of both Governments. —

I have entered into this detail, because I have recently re-
ceived Dispatchs from the Arkansaws, in which no mention is
made of this affair, and I am certain that if any one of that
District had been concerned in this piracy, they would have been
discovered. — But it being for the General Interest that those
Malefactors be discovered and punished, from which will result
the greatest benefit as well to vassals of His Majesty, as to the
Citizens of the United States; — I have given the most positive
orders to the commanding Officer who is going up to that Post,
to take the efficacious means of Discovering and apprehending
the criminal or criminals, that can be adopted; & further to fix
a small Garrison at the entry of the River St. Francis, for the
Guard and protection of such as navigate in those parts: — &
I do assure your Excellency that if they are taken, they will be
punished in such a manner as to serve as an example to others. —
I desire that your Excellency will furnish me with the means
of manifesting to you my readiness to do whatever may be for
your satisfaction, and I pray to God to Guard your Life many
years. —

Your Excellency's &c

(Signed) Manuel De Salceao. —

396 MISSISSIPPI TERRITORIAL ARCHIVES.

THE ANSWER.

Mississippi Territory Near

Natchez March 29th 1802-
Sir,

Your Letter of the 28th — Ultimo, in answer to my communi-
cation of the 10th — of February last, was received a few days
ago; and has been read with the most respectful attention. — I
accord with you in opinion, "that it is impossible to determine",
by what People, the late Robbery on the Mississippi was com-
mitted, and in my Letter of the 10th — of February last, it was
my intention, to have been sufficiently explicit on this point : —
for so far from implicating more "particularly your Nation;" I
did then admit " That it was indeed uncertain whether the Per-
sons concerned in this act of Piracy & Robbery, were Spanish
Subjects." —

I regret that the conduct of the Citizens of the United States,
who trade to New Orleans, should prove a source of any Incon-
venience or trouble, & I can assure your Excellency, that it is
very much the wish of the American Government, that her Cit-
izens should respect the Laws and Regulations of your Pro-
vince.—

The existing Treaty between the United States, & his Cath-
olic Majesty, is considered as a sufficient Passport for our Cit-
izens to descend the Mississippi, & that some disorderly Men may
(through this means) introduce themselves into the Spanish
Dominions, is highly probable, for my Country (unfortunate in
this respect; with the other Nations of the Earth) is not ex-
empted from her degenerate characters. —

The great extent of uninhabited Territory on the Mississippi,
is well calculated for an asylum, to Robbers and Pirates, and I
am certain that the Garrison your Excellency has directed to be
established at the mouth of the River St. Francis, will extend
great protection, as well to the subjects of his Catholic Majesty,

GOVERNOR WILLIAM C. C. CLAIBORNE. 397

as to the Citizens of the United States, who may navigate in
those Parts. —

I tender to your Excellency assurances of my
Regard & respectful consideration

(Signed) William C. C. Claiborne
His Excellency

Manuel De Salcedo —

Governor General of Louisiana —

April 1st. 1802.—
During the last three months, the Governor made the follow-
ing appointments. — Viz.

ABNER GREEN, Treasurer General for the Territory.

For Adams County —

William Dunbar, \ (declined)

William Vousdan,
Samuel Brooks,

Bernard Lintot, ( (declined)

Abram Ellis, > Justices of the Peace

James Farrell, ! &

Adam Tooley, \ Justices of the County

Caleb King, and I Court. —

George Fitzgerald, /

David Ker, Sheriff for the County. —

Peter Walker, Clerk of the County Court.

John Henderson, Treasurer of the County.

Robert Stark, Clerk of Adams District Court.

Abner L. Duncan, Attorney General for Adams District.

Archibald Lewis, Clerk & Master in Equity for Adams Dis-
trict.

398 MISSISSIPPI TERRITORIAL ARCHIVES.

For Jefferson County. —

Cato West, j

Thomas Calvit, / Justices of the

Jacob Stampley, I Peace & Justices

Henry Green, / of the County

Zechariah Kirkland, Y Courts. —

John Hopkins, J

John Girault, Clerk of the County Court. —
Daniel James, Clerk of Jefferson District Court. —
Felix Hughes, Clerk & Master in Equity for Jefferson Dis-
trict.-

For Washington County .-

John Callier, (Caller)

John Johnson,

James Fair,

Joseph Thompson, I Justices of the Peace

John McGrew, / and Justices of County

Thomas Bassett,

John Brewer,

John Henson,

Richard Lee, Clerk of the County Court. —

For Claiborne County.

William Downs, J

G. W. Humphreys, / Justices of the

James Stansfield, I Peace, and

Ebenezer Smith, [ Justices of the County

Daniel Burnett, \ Court.—

James Harman, 1

Samuel Coburn, Sheriff.

Mathew Tierney, Clerk of the County Court. —

Samuel Gibson, Coroner. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 399

For Wilkinson County. —

John Ellis,

Hugh Davis, / Justices of the Peace

John Collins, I and justiCes of

Richard Butler, ( the County Courts._

William Ogden,

Thomas Dawson,

Henry Hunter, Sheriff. —

Samuel Lightner, Clerk of the County Court. —

For Adams County.

MILITIA OFFICERS, 1st. Regiment.—
Benajah Osmun, Lieutenant Colo: Commandant.

Infantry.

Abram Ellis, j Majors —

Richard King, J

For Jefferson County. —

MILITIA OFFICERS, 2nd. Regiment.—

Zechariah Kirkland, & ]

William Thomas Majors.—

For Washington County.

MILITIA OFFICERS, 3rd. Regiment.—

John Callier, (Caller) |

Nathaniel Christmas, J Majors—

400 MISSISSIPPI TERRITORIAL ARCHIVES.

For Claiborne County.

MILITIA OFFICERS, 4th. Regiment.—
Daniel Burnet, Lieutenant Colo: Commandant-
William Neely, Major. —

For Wilkinson County. —

MILITIA OFFICERS, 5th. Regiment.—

John Ellis, Lieutenant Colonel, Commandant —

Richard Butler, Major. —

ARTILLERY in NATCHEZ.

Samuel Postlethwait, Captain. —

Joseph A. Parrott, 1st Lieutenant. —

Joseph Newman, 2 Lieutenant. —

J. E. Trask, Brigade Major and Inspector. —

Talk to Indians.

April 2nd. 1802
The Governor having received Information of several of-
fences, which had lately been committed; by some of the strag-
gling Indians which were at large in this Territory, delivered to
several of them, who had collected at Government House in Nat-
chez, the following talk. —

BROTHERS,

The American Nation and the Choctaw Tribe of Indians
have long lived in Peace, and I hope that our friendship will
continue, as long as the Mountains stand, or the Waters Run. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 401

I consider you as my children, and must talk to you with the
freedom of a Father. — I wish it were in my power, to say that
your conduct was pleasing to me, but the truth is, that unless
you act better for the future, you will lose my good Esteem. —

If your Nation had sent you to this Territory, it was your
duty to call upon me, make known your Business, receive an
answer, & return Home; — but I well know, that neither your
Chiefs nor People sent you, to our Settlements; — You have
come of your own free will, & for nothing else, but to drink
Whiskey, & to spend your time in Idleness. —

It is my way to speak straight; — listen then to what I say,
& hold fast my talk. — The White People have made to me of
late, many complaints;- several Men in the Country have had
their Cattle & Hogs killed; one man in Town, has had four
Barrels of Flour, taken from his Door in the Night, and an-
other, has lost out of his House a deal of Meat, and to tell you
the truth, all those bad acts are charged upon some of the In-
dians.—

BROTHERS,

I hope none of you present are guilty of these Acts; if you
are Men & Warriors, I know you would not take any thing
that was not your own, but I must tell you, that if any thing
should be missing in this Town or Country hereafter, I will have
your Camps searched, and if I should discover that any of you
have acted improperly, you shall be punished according to the
White People's Laws. —

BROTHERS,

I am going now to give you some good advice; quit drink-
ing Whiskey, for it will make you Fools & Old Women ; — return
to your own Land & make bread for your families; — The time
of year is come, when corn & Peas ought to be planted, & every
good man should be at his own Home; — If you will take this
advice, I will give you some provisions to eat on the Path, but
while you remain in our Settlements, you shall not have one
ounce of Flour from me. —

402 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

M. T. Near Natchez April 3rd, 1802
Sir,

It is confidently reported at New Orleans that East & West
Florida's are ceded to France1 — I have understood, that no offi-
cial information of the cession, had reached the Governor Gen-
eral of Louisiana, and that he denies the truth of the report; —
it is nevertheless generally believed and has occasioned much
anxiety & uneasiness among the Inhabitants of Orleans. —

The Militia of this District, continues in an unorganized
state, & the general want of arms presents an insuperable bar-
rier to their organization. — I sincerely wish, the General Gov-
ernment would make a loan of about one thousand stand of arms,
to the Militia of this Territory; — they should be carefully pre-
served & would add greatly to the security of this exposed Set-
tlement.—

The Printing of the Acts of the Territorial Legislature is
attended with as great delay, as I had anticipated. — The
Printer employed is the only one in the Territory, & from a
scarcity of Types, & I may add too of Industry, the Laws remain
unpublished, greatly to my own embarrassment, & to the in-
convenience of the Citizens. —

I continue to be much harassed with Visits from my Choc-
taw Brethren; — these poor, Idle & humble People are really
great pests to this Territory; — I suppose at this moment there
cannot be less, than two or three hundred, (consisting of Men,
Women, & children) Encamped within six miles around Natchez,
& for a support, they almost entirely depend upon begging and
stealing; the Citizens who experience frequent losses in Cattle
& Hogs, are becoming highly dissatisfied, & I find it difficult to
shield the Indians from much violence. —

I am often at a loss for an Interpreter and wish to be in-
formed, whether I may be permitted to employ one; — under

1 This was the contention of the United States, but the Floridas did
not pass with the Louisiana purchase.

GOVERNOR WILLIAM C. C. CLAIBORNE. 403

the Spanish Government, the Indians were accustomed to re-
ceive Presents & Provisions at Natchez, & their visits were con-
sequently frequent; — I have no Presents to make, and very
seldom supply them with provisions, but they notwithstanding,
will not, & cannot be persuaded to remain in their own Lands. —
The party Spirit in this Territory, seems again to be sub-
siding, & if my information be accurate, a decided majority of
the Citizens are pleased with the Second Grade of Government,
& the manner in which it has been administered. —
With Respect & Esteem
I am Sir,

your mo : obt. Hble : Servt.
The Honble: (Signed) William C. C. Claiborne

The Secretary of State
for the United States
City of Washington

On the 5th. of April the Governor issued the following Procla-
mation.—

By his Excellency William C. C. Claiborne Governor & Com-
mander in Chief, in & over the Mississippi Territory.

A PROCLAMATION.—

Whereas the interest of the Territory would in my opin-
ion, be promoted, by an early Session of the Legislature thereof,
I have thought proper to issue this my proclamation, hereby re-
quiring & commanding the Members of the Legislative Council,
& those of the House of Representatives respectively to meet in
General Assembly, at the Town of Washington, on Monday, the
third day of May next. —

Given at Natchez, this fifth day of April, one thousand, eight
hundred & two, & of the Independence of the United States of
America, the twenty sixth.

404 MISSISSIPPI TERRITORIAL ARCHIVES.

In testimony of which I have undersigned my name, &
caused the public (Seal) to be hereunto affixed. —

William C. C. Claiborne.
By the Governor
(Singned) John Steele, Secretary

To Henry Dearborn.

Near Natchez April 8th. 1802
Sir,

I have received a letter from Mr. Evan Jones of New Or-
leans, formerly American Consul at that Port, informing me that
he had lately received three Hogsheads & three Boxes, contain-
ing Hoes & Axes & marked "U. S. Choctaw Indians" & which it
appears some person in Philadelphia, had in February or March
in the year eight hundred & one, shipped on board the Brig
Thomas, Captain Earl bound for New Orleans & consigned to
him, Mr. Jones ; that the Brig Thomas, had been taken into Prov-
idence & there condemned as prize, with all her Cargo, except
the three Hhds & three Boxes above mentioned, which were de-
livered to his Correspondents there, & by them, they had been
lately sent to him at Orleans. —

I have no knowledge of these Goods but what is communi-
cated by Mr. Jones; — I am however very certain, that they
were designed by the U. States as presents for the Choctaw
Indians, and did suppose, it would be proper in me to direct
their transportation to Natchez, and to pay the charges which
had accrued thereon; — While they remained at Orleans, the
Costs for Storage would be continually accumulating, & they
could not be appropriated in the manner contemplated : — I hope
therefore my conduct will be approved of, & that a Bill, which I
shall hereafter draw upon the Secretary at War for the amount
of the cost arising, will be duly honored. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 405

For more particular information upon this subject, I must
refer you to Mr. Jones's communication to me and my Answer,
together with a Letter from me to Mr. Samuel Postlethwait at
Natchez, Copies of which are enclosed number 1, 2, & 3. —

On the arrival of these Goods at Natchez they shall be care-
fully deposited & shall be disposed of in any manner that you
may direct; — supposing it however probable that Colo: McKee
our Agent with the Choctaws, may have received some instruc-
tions relative to these Goods, I have addressed to him a Letter,
a Copy of which is also inclosed, No. 4. —

While I am upon the subject of Indian affairs, I will take
the liberty to state that the Choctaws are becoming very trou-
blesome to the Citizens of this District ; — they are Encamped in
every Neighborhood, and are in the habit of committing fre-
quent depredations upon the Cattle, Hogs, & other property of
the Inhabitants : complaints of these excesses, are daily made to
me by the People & it is not in my power to give redress. —

The Law establishing the Mississippi Territory, attaches to
the Governor, the power & duties of a superintendant of Indian
affairs; — if those duties were particularly prescribed, it would
relieve me from much embarrassment. —

The management of Indians is at all times unpleasant, &
frequently attended with difficulty ; — if therefore I consulted my
inclination & convenience, I would wish to take no part in this
business, but from the contiguity of the Territory to Several
Indian Tribes, and their constant intercourse with our Citizens,
it is essential to the interest of both parties, that the Governor
should have some Agency in the Indian Department.-

The Choctaws who are at present in our Settlement, are
(with a few exceptions) very worthless characters; — they have
come hither with their Women and children for the purpose of
Begging, & stealing; — they are in a measure disowned by their
Nation, & declared by their Chiefs to be a set of Vagabonds,
whom they cannot control. —

The Territorial Laws forbid the selling or giving of Strong
Drink to Indians, but yet it is furnished them, & they are seen

406 MISSISSIPPI TERRITORIAL ARCHIVES.

frequently Drunk at Natchez, to the great disturbance of the
Citizens. —

I should be sorry to make any request, which might be
thought improper, and still more so, to increase unnecessarily in
any degree, the expenses of the Government, but I am con-
strained to ask permission, to employ an Indian Interpreter,
& to solicit that a subaltern Officer, with about twenty or thirty
Men might be stationed in the vicinity of Natchez, & subject
to my orders. — I would then have it in my power, on all fit
occasions, to hold friendly Talks with the Indians, who might
visit the District, & to punish by temporary confinement those,
who might get drunk, or other ways behave amiss : — a kind of
punishment, of all others, the best calculated to keep Indians in
Order. —

Some time ago, General Wilkinson, on my application, did
promise to erect (in the course of the Summer) a Block House
in the Neighborhood of Natchez, as a place of Deposit for some
of the spare Arms, now at Fort Adams (in order that the Body
of the Militia, who are almost entirely without Arms, might in
the event of danger, be furnished with the means of defence,)
and to station thereat, a few Troops: — If this Establishment
was made, it would add to the security of the Territory, & would
answer my object in relation to the Indians: — The General I
believe, is still disposed to make this Establishment, but it would
be most pleasing to us both, if the Government would previously
sanction the measure; — upon this subject I have heretofore
written fully to the Secretary of State, but not having received
an answer, I fear my Letters have miscarried. —
I have the honor to be

With Sentiments the most
respectful

your most obt. Hble: Servt:
(Signed) William C. C. Claiborne

The Honble. H. Dearborn
Secretary at War. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 407

To Gov. Claiborne, from Evan Jones.

No. 1.

New Orleans March 17th. 1802
Sir,

Being informed, that your Excellency has the direction of
Indian Affairs, in the Mississippi Territory, I take the liberty
to address you, on the subject of some goods, I have just re-
ceived from Providence, & which by the marks &c on them, ap-
pear to have been destined for the Choctaw Indians. —

It appears that some time in February or March, of the year
1801, some person in Philadelphia, Shipped on board the Brig
Thomas, Captain Earle, bound for this place, three Hogsheads
& three Boxes, containing, as it is said, Axes & Hoes, marked
U. S. Choctaw Indians, & addressed to me. —

The Vessel was taken into Providence, and there condemned
as prize, together with all her Cargo, except the three Hhds. &
three Boxes above mentioned, which were delivered to my cor-
respondents there, and by them kept, for want of an opportunity
of sending them on, 'till the 16th of February past; when they
Shipped them to me by the Schooner Terropine, & I have re-
ceived them, as I have already said, a few days ago, and have
deposited them.-

I know not who Shipped them in Philadelphia, nor any cir-
cumstance respecting them, save what I have just related, as no
Invoice, Bill of lading, or Letter about them came to my hands. —

The charges I shall have to pay on these goods, will be be-
tween Eighty and ninety Dollars in Cash, to which will be
added my Commission on receiving and delivering them. —

Now Sir, if after reading this history of them, you should
think proper to order any person to receive them from me and
pay me my charges on them, I shall be ready to deliver them. —

I have also a small demand of Twenty one Dollars, on the
Government of the United States which I presume you would

408 MISSISSIPPI TERRITORIAL ARCHIVES.

think reasonable should be paid me out of their effects now in
my hands.

With very great respect, I have
the honor to be Sir,
your Excellency's

most obt: Servt:
(Singed Evan Jones. —

His Excely.

William C. C. Claiborne

Governor of the M. T. —

To Evan Jones.

No. 2nd.

Near Natchez April 7th. 1802. —
Sir,

Your Letter of the 9th. Ultimo, has been delivered, & I pray
you to receive my thanks, for this mark of attention, to the In-
terest of the United States. —

I have no information of the Goods you allude to, but what
is contained in your communication; — there can however be
no doubt, but that these Goods, were intended by the United
States, as presents for the Choctaw Indians, & in my Charac
ter as a Superintendant of Indian affairs, for the Southern De-
partment, I esteem it a duty to receive them, & to pay the
charges which have accrued thereon: — You will be pleased
therefore, to deliver to the order of Mr. Samuel Postlethwait
Merchant of Natchez, the Hogsheads and Boxes, which may be
marked "U. S. Choctaw Indians," & this Gentleman, will make
provision to reimburse you, the expences which these Goods have
subjected you to, & will further allow you, such commissions
for receiving & delivering them as may be customary. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 409

So far as relates to your "Demand for twenty one Dollars,
against the Government of the United States," it is not in my
power to act : — business of that kind, more properly appertains
to the accounting officers, at the City of Washington, & I am
persuaded, that upon exhibiting your claim, at the Treasury De-
partment the amount thereof, will be promptly paid to your
Agent or Attorney —

If a better conveyance should not occur, I will at your request
forward to Washington, any of your claims against the Govern-
ment, and on this and all other occasions I shall be happy to
render you services. —

With respect &c &c

(Signed) William C. C. Claiborne

Evan Jones Esqr.

To Samuel Postlethwait.1

No. 3

Near Natchez, April 7th. 1802—
Sir,

Enclosed is a Letter to Mr. Evan Jones, Merchant of New
Orleans, and you will oblige me, by giving it safe conveyance : —
That Gentleman has in his possession, three Hogsheads & three
Boxes containing some presents from the U. States for the Choc-
taw Indians; — I have requested him to deliver them to your
order, & you will confer a singular favor on me, if you would
through your correspondent at Orleans, direct their transporta-
tion to Natchez. —

Mr. Jones informs me that the charges on those Goods, will
amount to about Ninety Dollars, independent of his Commis-

xThe leading merchant of Natchez at this time; married a daughter
of William Dunbar.

410 MISSISSIPPI TERRITORIAL ARCHIVES.

sion for receiving & delivering them. — I have taken the liberty
to inform him that you would make provision for the payment
of that sum, together with the customary Commissions. —

The costs accruing, not being particularly ascertained, per-
haps it would be best, to authorize your correspondent to settle
with Mr. Jones, and to draw upon you for the amount; — I pre-
sume, a Bill upon Natchez would be equally as acceptable to a
Merchant at Orleans, as the cash; — But the most convenient
way, to you, of adjusting this Business, will be agreeable to
me. —

You may be assured, that the monies you may advance, to
Mr. Jones, together with all charges incidental to the transporta-
tion of the Goods to Natchez, shall be reimbursed you, but I
must request you, to instruct your Correspondent to ask of Mr.
Jones a particular Statement of his account, to take duplicate
Receipts for the Sum paid, and to forward these Vouchers to
you, by the earliest opportunity. —

With great respect & Esteem
I am Sir,

Your Hble.. Servt:

(Sign) William C. C. Claiborne

Capt, Samuel Postlethwait
Merchant at Natchez.

To John McKee.

No, 4.—

Near Natchez, April 7th. 1802
Sir,

Mr. Evan Jones of New Orleans, informs me of the late
arrival at that Place, of three Hogsheads & three Boxes marked
"U. S. Choctaw Indians" (Containing Hoes & Axes) which had
been shipped by some Person in Philidelphia, sometime in Feb-

GOVERNOR WILLIAM C. C. CLAIBORNE. 411

ruary or March in the year 1801, on Board the Brig Thomas,
Capt. Earle and addressed to him; — that the Vessel had been
taken into Providence & there condemned as prize, together with
all her Cargo, except the Hhds. & Boxes above mentioned. —

I have informed the Secretary at War of the contents of Mr.
Jones's Letter; — in the mean time I have directed the trans-
portation of those Goods to Natchez, and on their arrival, they
shall be carefully deposited. —

Supposing it probable that you may have received some in-
structions, as to the disposition of those articles, I have written
you this Letter, & should be happy to receive your answer. —
With respect I am Sir,

your Hble. Servt.
(Signed) William C. C. Claiborne

Colo: John McKee. —

To Governor Claiborne, From Capt. Shamburgh.1

Camp 10 Miles North of Fort Adams

April 7th, 1802
Sir,

I am directed by General Wilkinson to send to your Excel-
lency, a Brass Field-Piece, Eighty Stand of Arms, And Sixteen
flannel Cartriges, filled with IV2 pounds of powder each, for said
piece of Ordnance. —

Lieutenant Wilson the bearer of this has the above named
Military Stores in Charge, & is directed to deliver them to your
order — and I have to beg your Excellency for your Signature
to the Receipts annexed to one of the Involves here enclosed —

1 Bartholomew Shamburgh, Pa. German, Capt. June 30, 1794.

412 MISSISSIPPI TERRITORIAL ARCHIVES.

the Duplicate is for the information of the Person who may take
charge of these Stores — and I am with profound respect
your Excellency's

mo: obt. & very Hble. Servt:

(Signed) Bm. Shaumburgh
Capt: 2nd. U. S. Regt: Inft:
His Excellency

Governor Claiborne

To Batholomew Shaumburgh.

Natchez April 12th. 1802—
Sir,

The Military Stores which you committed to the care of
Lieutenant Wilson, have been safely delivered, & my Receipt for
the same is now enclosed you. —

When the Troops under your Command shall have reached
this Neighbourhood, I promise myself, the happiness of seeing
you at my House —

With great Respect,
I am Sir,

your Humble Servt.

(Signed) William C. C. Claiborne
Capt. Shaumburgh
2nd. U. S. Regt:

The Brass field piece, & all its apparatus, together with 40
Stand of Arms, the Governor loaned to Captain Saml. Postle-
thwait for the use of his Company of Natchez Artillery, & ob-
tained from Captain Post: (Postlethwait) the following Re-
ceipt—

GOVERNOR WILLIAM C. C. CLAIBORNE.

413

I n v o i c e of Ordnance & Military Stores received from Wil-
liam C. C. Claiborne, Esquire Governor of the Mississippi Ter-
ritory.— Natchez 12th. April 1802—

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Received from William C. C. Claiborne, Governor of the Mis-
sissippi Territory the above named Ordnance & Military Stores,
for the use of the Artillery Company at Natchez, which I promise
to return to him, or to the Governor for the time being, when
demanded. —

(Signed) Saml. Postlethwait —

The remaining 40 stand of Arms was

deposited with Captain Postlethwait for safe keeping.

To the Members of the Two Houses of Assembly.

The Governor addressed a Letter (of which the following is
a Copy) to each Member of the two Houses of Assembly. —

Washington April 16th. 1802 —
Dear Sir,

On the fifth Instant I issued my Proclamation, for convening
the Legislature at the Town of Washington, on Monday the 3rd.
day of next Month. —

414 MISSISSIPPI TERRITORIAL ARCHIVES.

Lest that Proclamation may not have reached you, I have
written this Letter, & must solicit you to be punctual in your
attendance. —

With great Respect & Esteem
I am Dear Sir,

your Humble Servt.

(Signed) William C. C. Claiborne

To Samuel Postlethwait.

The Governor addressed the following Letter to Captain
Samuel Postlethwait, Merchant of Natchez. —

Washington April 16th. 1802
Sir,

The prevalence of the small pox at Orleans, has excited con-
siderable alarm among the Citizens of this Territory & it is
greatly feared, that this Contagious Disease, will extend to our
Settlements; — its introduction at any time, might probably
prove calamitous, but at this particular period, when the People
are so generally, and necessarily employed in agricultural pur-
suits, it would indeed, be a great misfortune. — I flatter myself
therefore, that every good Citizen who may have intercourse
with Orleans, (or other places infected) will use every precau-
tion to avoid the communication of the contagion, & I confi-
dently expect, that the Merchants of Natchez in particular, will
forbear to Vend or expose for Sale, any fur Hats or woollen
Cloths, which may be directly imported from Orleans during the
existence of the Small-pox, at that Town: — I have understood
that these Articles, will nourish the Infection, and that by this
means, the Small-pox has been frequently communicated to dis-
tant places —

Will you do me the favor Sir, to communicate the contents
of this Letter, to the Merchants of Natchez, & to assure them,

GOVERNOR WILLIAM C. C. CLAIBORNE. 415

that the Public Good, could alone induce me, to solicit any re-
striction in their Trade. —

With great respect & Esteem
I am Dr. Sir,

your Hble- Servt.

(Signed) William C. C. Claiborne
Capt. S. Postlethwait
Mercht.

To William Dunbar,

Washington April 16th. 1802
Dear Sir,

Your Letter of the 11th. Instant, was delivered to me, by
Mr. Carter; — I should immediately have answered it, but was
really too unwell, to attend to any kind of Business. —

I think with you, that the introduction of the Small-pox,
would at this particular period, be a great misfortune, and that
every precaution ought to be taken, to prevent its approach.

The Law you alluded to, relative to Contagious Diseases, has
not been repealed, but before the Governor could act under that
Law, he must receive "information from some Physician within
"the Territory that a contagious Disorder, is at some House, in
"the Town or Country, or on board of a Boat, or Vessel, at or
"near the shores of the Territory:" — Now Sir, no such infor-
mation has been communicated, & the Chief Justice of the Ter-
ritory (with whom I advised) accords with me in an opinion
that in the present state of things, I can prescribe no Regula-
tions, which the Citizens would be bound to conform to: — I
have however, requested the Merchants of Natchez, not to Vend
or expose for sale, any fur Hats, or Woollen Cloths, which may
have been Imported direct from Orleans, and I did also address
a Letter, to Mrs. Piercy, in which she was particularly solicited,
not to introduce the Infection into her Family. —

416 MISSISSIPPI TERRITORIAL ARCHIVES.

I am persuaded that in this quarter Inoculation will not be
resorted to, but by general consent, and I flatter myself that
the Citizens will everywhere observe the like propriety. — It
would be a fortuitous circumstance, if the Vaccine Matter could
be obtained, and I hope that a disappointment will not ensue; —
I should esteem it peculiarly unfortunate, if at this time, we
should not be benefitted by this important discovery; — for my
own part I should think the Citizens would act wisely, were they
immediately to Assemble, and raise by subscription a fund, to
employ a confidential character to proceed direct to Kentucky,
& procure the Matter. — From the account, I have received of
the Cow-pox, it is safe at all seasons of the year & so mild in
Its operation, as seldom to require either nursing or confine-
ment.—

Mrs. Claiborne & myself would be very happy to see your-
self, Lady & Family at our little Cottage; — Mrs. Claiborne is
at present confined, but the prospect of her speedy restoration to
health, is very flattering: — She has recently presented me with
a sweet little Daughter; — an event which has added greatly to
the happiness of us both. —

Accept my best wishes. —
I am Dear Sir,

your Hble — Servt.
(Signed) William C. C. Claiborne

William Dunbar Esquire

To Gov. Claiborne, from Henry Dearbourn, Secretary of War.

The following is a Copy of a Letter from the

Secretary at War to
the Governor.

War Department

Feb. 23rd. 1802-
Sir,

It is the ardent wish of the President of the United States,
as well from a principle of humanity, as from duty and sound

GOVERNOR WILLIAM C. C. CLAIBORNE. 417

policy, that all prudent means in our power should be unremit-
tingly pursued for carrying into effect the benevolent views of
Congress relative to the Indian Nations within the Jurisdiction
of the United States. — The provisions made by Congress, under
the heads of Intercourse with the Indian Nations, and for estab-
lishing trading Houses among them &c. have for their object not
only the cultivation and establishment of harmony & friendship
between the United States & the different Nations of Indians,
but the introduction of Civilization, by encouraging and grad-
ually introducing the arts of Husbandry and domestic manufac-
tories among them. — The President is more induced to continue
to use all the means in his power for effecting the foregoing
object, from the happy effects already produced in several of
the Indian Nations, by the zeal and Industry of the Agents
among them. —

With a view of giving every assistance in the Power of the
Executive, to the measures contemplated, relative to the Indians
generally, the President has considered it necssary to make the
following regulations. —

That the Governors of the North Western, Indiana and Mis-
sissippi Territories, in their capacities as Agents for the Indian
affairs, will in future consider themselves as having the Super-
intendence of all business relating to the Indians in their respect-
ive Territories, & will from time to time call upon such Sub-
Agents as may be necessary for ascertaining any facts or circum-
stances relative to the said Indians, or the conduct of any such
Sub-Agents, & for any other information, which may be useful
& proper, & to give all such Sub-Agents such instructions and
advice from time to time as may be found necessary and not
incompatible with the Laws, or instructions given by the imme-
diate direction of the President of the United States. —

The Sub- Agents and Agents of Factories will correspond with
the respective Governors of the Territories in which they may
be placed, & communicate generally with the Department of

418 MISSISSIPPI TERRITORIAL ARCHIVES.

War through that channel, and consider themselves under the
general direction of the Governor respectively; — And Tempo-
rary or Sub-Agent or Agents of Factories will regularly make
report once at least in every three Months to the Governor and to
the Secretary of War of all circumstances relative to their Agen-
cies, with a correct statement of all expences incurred under their
direction, which report should be made from a Journal regularly
& correctly kept by the Sub-Agents of all occurrences worth no-
ticing relating to disputes, complaints, Misfortunes, &c, including
likewise, whatever may relate to the progress of Civilization
among the Indians, & such remarks as their knowledge may from
time to time enable them to make, relating to the Natural His-
tory of the Country, the population, the particular manners of
the Inhabitants, and likewise of the increase or decrease of Popu-
lation. —

The Agents of Factories will make correct Returns of the
State of the Territory, of the Sales & Receipts &c, to the Gov-
ernor of the Territory, in which they shall respectively reside,
once in three Months, noticing all circumstances proper to com-
municate relating to the kind and quantities of goods wanted
from time to time & will transmit a duplicate thereof to the
Secretary of War. — Colo : Hawkins and the Agents of the Fac-
tories at Tillico in Tennessee and in Georgia will communicate
immediately with the Secretary of War as usual. —

I have the honor to be

with sentiments of Esteem
Your Humble Servt. —

(Signed) H. Dearbourn

His Excellency

William C. C. Claiborne Esquire

GOVERNOR WILLIAM C. C. CLAIBORNE. 419

To Henry Dearborn.

To the above Letter the Governor returned the following
Answer. —

M. T. Natchez April 19th. 1802
Sir,

On last evening I had the honor to receive your Letter of the
23rd. of February last. —

So far as may depend upon my co-operation, no exertions
shall be wanting, to carry into complete effect the benevolent
views of the General Government, relative to the Indian Nations
within the Jurisdiction of the United States, and such instruc-
tions from the President upon this subject, as you may forward
to me, I will execute with promptitude and pleasure. —

The progress of civilization among the Cherokees, Chicka-
saws, and upper Creeks, authorize a hope that the Indians within
our Limits may ultimately be rescued from a State of Barbarism,
& to contribute to the attainment of an object so interesting to
humanity, would be to me a source of great gratification. — The
Choctaws are indeed, generally involved in Savage life, but even
among them, a Spirit of Industry has recently appeared ; and the
cultivation of the Soil is becoming the principal employment of
several families. —

If my Agency be extended, to the Indians included within
the bounds of this Territory, the Choctaws and lower Creeks
would fall under my Inspection ; — but from the general tenor of
your communication, I understand it as the intention of the Pres-
ident to commit to Colo : Hawkins's care the whole of the Creeks,
& until otherwise instructed, I shall confine my superintendence
to the Choctaws. —

I will thank you to enclose me Copies of such Laws in relation
to the Indians, as may be passed by the present Congress, and
also of the instructions which have been given to the Agent, re-
siding within the Choctaw Nation; — the early possession of
those Documents, will the better enable me, to advance the
views of Government. —

420 MISSISSIPPI TERRITORIAL ARCHIVES.

In my Letter of the 8th. Instant, I advised you of the situ-
ation of some Indian Goods at Orleans & that I had directed
their Transportation to this place; — I expect their arrival in
a few days; and shall be solicitous to receive Instructions from
you as to their distribution. —

I must renew my application for a Subaltern Officer, and
about thirty Men, to be subject to my orders, and also for the
privilege of employing an Interpreter; — every day's experience
evinces the necessity of my possessing the means of preventing
the Indians when Intoxicated, from mixing with the Citizens at
Natchez, & of holding with them occasionally friendly Talks. —
If the late Treaty with the Choctaws concluded at Fort Adams
should be ratified, it is expedient without delay, to mark the
Boundary Line between them and the United States, it will serve
to prevent trespasses upon Indian Lands the fruitful sources of
discontent. —

With sentiments of Esteem
and respect,

I am Sir,

your mo : obt. Servt :
(Signed) William C. C. Claiborne

The Honble. .
Secretary of War

City of Washington

To Gov. Claiborne, from James Madison.

Department of State : —

Washington 22nd. February 1802
Sir,

I have the honor to enclose you a Commission, constituting
David Latimore1 a Member of the Legislative Council of the Mis-
ers. David and William Lattimore located in Natchez in 1801, natives
of Virginia. See Claiborne's "Mississippi," pages 262, 263.

GOVERNOR WILLIAM C. C. CLAIBORNE. 421

sissippi Territory, in the room of Adam Bingaman & request that
it may be forwarded to him. —
With much respect,

I have the honor to be
Sir,
your most obt. Servt:

(Signed) James Madison

W. C. C. Claiborne Esquire

Governor of the Mississippi Territory —

To James Madison.
The following is an Answer to the foregoing Letter. —

M. T. Natchez, April 24th. 1802—
Sir,

On the 18th. Instant I received your Letter of the 22nd. of
February, covering a Commission for Doctor David Latimore, as
a Member of the Legislative Council of the Mississippi Terri-
tory.—

This Commission has been delivered to Doctor Latimore, and
I have the pleasure to inform you, that he accepts of the ap-
pointment ; — this Gentleman unites to pure Republicanism, hand-
some Talents & an honest Heart. —

The utmost harmony still continues to exist, between the
subjects of Spain at Orleans, and the Citizens of the United
States who trade to that Port. — I observed with great pleasure,
in a late Northern paper, a Message from the President to Con-
gress, in which he recommends the establishment of an Hospital
at New Orleans ; — the principles of Humanity & of sound policy,
call loudly for an institution of that kind : — Our Citizens often
descend the Mississippi, at an unhealthy season of the year, and
many lives are lost at Orleans, for the want of attendance & com-

422 MISSISSIPPI TERRITORIAL ARCHIVES.

fortable Lodging for the Sick, and sometimes for the necessaries
of life. —

With prospects so gloomy, the enterprising Citizen of the
Western Country, reluctantly ventures down the Mississippi
during the Spring & Summer Months, and the difficulty & ex-
pence of procuring Hands, become so great, that contemplated
Voyages are sometimes given up, or if prosecuted, the Hands em-
ployed are too few to ensure the safety of the Vessel, while on its
Passage; — these inconveniences would in a great measure, be
remedied by the establishment of a convenient Hospital at Or-
leans, for the reception of Sick and disabled Americans. —
With Sentiments of Esteem &
Respect.
I am Sir, Your Humble Servt. —

(Signed) William C. C. Claiborne

The Honble:

James Madison

Secretary of State

To Daniel Burnet.

Town of Washington April 27th. 1802.—
Sir,

I have received information that a set of Pirates and Robbers,
who alternately infest the Mississippi River, and the Road lead-
ing from this District to Tennessee, rendezvous at or near the
Walnut-Hills, in the County of Claiborne; — a certain Samuel
Mason1 & a Man by the Name of Harp, are said to be the Leaders
of this Banditti; — they lately attempted in a hostile manner to
board the Boat of Colo: Joshua Baker, between the mouth of
Yazou River, and the Walnut Hills, but were prevented by Colo :

1 There is in the Mississippi Department of Archives and History a
record in French of the trial of Mason for robbery, by the military author-
ities of New Madrid, dated January 11-31, 1803. For facts relative to Mason
see Claiborne's "Mississippi," pages 226, 227, 228.

GOVERNOR WILLIAM C. C. CLAIBORNE. 423

Baker's, making a shew of Arms, and manifesting a great share
of firmness. — These Men must be arrested; the honor of our
Country, the Interest of Society, & the feelings of humanity, pro-
claim that it is time to stop their Career ; — The crimes of Harp,
are many and great, and in point of Baseness, Mason is nearly
as celebrated : — While these Sons of Rapine & Murder are per-
mitted to Rove at large, we may expect daily to hear of outrages
upon the Lives & properties of our fellow Citizens. —

The Militia of your Regiment not being organized, I presume
it would not be in your power, to execute (strictly) a Military
Order, I shall therefore only request, that you will immediately
endeavour to procure 15 or 20 Men as Volunteers, and place your-
self, or some confidential Character at their Head. —

This little force will then proceed to the Walnut-Hills, &
after making due examination & enquiry at that place, they will
examine the woods in the Neighborhood of the Mississippi as
high up as the Yazou ; — If you should fall in with Mason & his
party, you will use all the means in your power to arrest them,
or any of them, and I desire, that the person or persons arrested,
may immediately be conveyed under a strong Guard to Nat-
chez.—

I hope that the honor of taking these Lawless Men, will be
confered on the Citizens of your Neighbourhood; — Should they
Succeed, I promise them a very generous reward, —

I have written to Lieutenant Rennick upon this subject, & it
is probable, he will give you all the aid in his power.

With great Respect & Esteem.
I am Sir,

your Hble — Servt :

William C. C. Claiborne

P.S. For your information, I have enclosed you the Statement
made by Colo: Baker to me, of the late attempt made to Rob'
him.

w. c. c. a—

Colo : Daniel Burnett —

424 MISSISSIPPI TERRITORIAL ARCHIVES.

To S. Rennick.1

A Letter from the Governor to Lieutenant S. Rennick Com-
manding a Detachment of the United States' Troops at the Grind-
stone Ford in Claiborne County. —

Sir,

A few days since, as Colo Joshua Baker was descending the
Mississippi, he was attacked by a set of Robbers, between the
mouth of the Yazou River & the Walnut Hills ; — This Banditti is
said to be commanded by a certain Samuel Mason & a certain
Wiley Harp who have for years past been in the habit of com-
mitting with impunity Murders and Robberies. —

I am particularly solicitous, that these persons should be arrest-
ed and brought to punishment ; — I have written to Colo : Daniel
Burnet & requested him to assemble a small Party & proceed to
the Walnut Hills & to the Yazou, in search of the offenders; —
I hope you will give Colo : Burnet all the assistance in your power.
— If you could furnish him with a Sergeant & 12 Men, you
would be rendering a grest service to the Civil Authority. —

Samuel Mason is well known in this Territory, as is a Son of
his, by the name of John, who is also reported to be amongst
the Robbers. — I think it probable, that they may be found at
or near the Walnut Hills; — at that place the Wife of John
Mason resides. —

With respect & Esteem.
I am Sir,

your Hble: Servt:
(Signed) William C. C. Claiborne

Lieutenant S. Rennick

of the 3rd. U.S. Regiment

1 Seymore Rennick, of Virginia, Lt. U. S. A., January 9, 1801.

GOVERNOR WILLIAM C. C. CLAIBORNE. 425

To Officer in charge of Troops at mouth of Bear Creek.

A Letter from the Governor to the Officer Commanding the
United States' Troops near the Mouth of Bear Creek on the Ten-
nessee River. —

Town of Washington April 27th. 1802
Sir,

I have received information that the Road from this Territory
to Tennessee, is infested by a daring set of Robbers, among whom
are a certain Samuel Mason, and a certain Wiley Harp ; Men who
have long been habituated to murder & plunder. —

I doubt not, but you will give all the protection in your
power to the Citizens who may be travelling through the Wilder-
ness, & I further hope Sir, that if you should receive informa-
tion of any Mischief being done or attempted in the Wilderness,
you will immediately order out a Party of Men, and make the
necessary exertions to arrest the offenders; — This kind of con-
duct on your part, would give additional security to the exposed
Traveller, & great support to the Civil Authority. —
With great respect & Esteem
I am Sir,

your Hble : Servt :

William C. C. Claiborne

To John McKee.

Natchez May 1st. 1802.—
Dear Sir,

I have received information, that the Negro of whose death,
I acquainted you of, in my last Letter, was murdered by an
Indian who resides in the Mucklesow Town; — my information
comes through the channel of some Choctaws, now in this Dis-

426 MISSISSIPPI TERRITORIAL ARCHIVES.

trict, will you make further enquiry upon this subject; and in-
form me, the result. —
I am Dear Sir,

in great haste
your friend &c.

(Signed) William C. C. Claiborne
Colo: John McKee
Agent in the

Choctaw Nation. —

To William McCormick.

Town of Washington May 1st- 1802
Dear Sir,

I am extremely solicitous to learn the situation of our Small-
pox Patients on this morning. —

I am fearful that they may experience some injury from the
Dews at night, and the damp ground, & it is greatly my desire
that these inconveniences may be remedied as soon as possible. —
Will you be so obliging therefore as to request Mr. Bashford,
to have some planks carried to the Encampment (in the course
of this day) and employ a Person to assist in making for the
sick Men a comfortable Place to lay on, and a dry shelter over
them ; Mr. Ruth has some Plank on the Road, which he intended
for his Fence, and which he promised to lend me, on this occa-
sion ; they will answer the purpose very well. —

When we consider the fatigue which those men have under-
gone, since they were inoculated, & the manner in which they
have been exposed to the heat of the sun, and the Dews & Rains
at night, there is ground to fear, that the disorder may be im-
mensely severe, and I am inclined to think the soonor medical aid
is procured the better; — will you therefore be good enough, to
engage the attendance of one of the Doctor Latimores, and get
him to visit the Camp immediately. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 427

I must confess, that the idea, of having sent a fellow-mortal
in the woods, "while on a sick bed" is distressing to my feelings ;
— But the safety of our own Society rendered the measure in-
dispensable, and all that I can do is, to render their situation
as agreeable as the nature of the case will permit. —

Mr. Bashford has been instructed to call upon you for every
necessary for these unfortunate Men; — but lest he might not
be sufficiently provident, I wish you would occasionally visit them
yourself, and see what is wanting. —

T fear this Business, will be attended with some trouble to
you, but I am sure, you will meet it with pleasure, since the cause
of humanity is greatly involved. —

With sentiments of Esteem & Respect
I am Sir,

your Hble. servt:

(Signed) William C. C. Claiborne.
Wm- McCormick
Mercht: At
Natchez

To Abner Green.

To Abner Green Esquire, Treasurer General for the Missis-
sippi Territory. —

You will pay to James Ferrall Printer to the Territory, out of
any monies, which may be in the Treasury, one hundred & forty
four Dollars, being the sum which is now due him, for printing
the Laws, & for so doing, this Instrument, shall be your sufficient
warrant. —

Given under my hand & Seal at the Town of Washington, on
the 1st. day of May 1802.—

William C. C. Claiborne

Governor of the Mississippi
Territory.

428 MISSISSIPPI TERRITORIAL ARCHIVES.

To Batholomew Shaumburgh.

Town of Washington, May 3rd. 1802
Sir,

In a letter from the Secretary of War, I am informed, that
the President of the U. States has directed five hundred Rifle
Guns to be forwarded to me from Philidelphia, by the route of
New-Orleans, and also three hundred Muskets to be delivered to
me at Fort Adams, on my receipting for them. —

It would be inconvenient to receive those Arms, until there
is erected a convenient House as a place of deposit, and 'I am
furnished with a small Party to guard them until they are dis-
tributed in the manner contemplated by the Government. —

I have therefore to request, that you would detach a subaltern
Officer and twenty-five or thirty Men to this Town, in Order,
that they may proceed to erect a suitable Block-House, for the
reception of the Arms, above mentioned, and that the officer be
directed to comply with such instructions, as he may from time
to time, receive from me. —

With respect & Esteem.

I am &c.

William C. C. Claiborne

Capt. B. Shaumburgh

To the Two Houses of Assembly.

A Communication from the Governor, to the two Houses of
Assembly. —

FELLOW CITIZENS of the LEGISLATIVE COUNCIL, & of

the HOUSE of REPRESENTATIVES. —

I am persuaded that an early attention, to several Subjects
of Legislation, will be promotive of the Public good ; — but being
aware of your solicitude, to render the present Session as short,

GOVERNOR WILLIAM C. C. CLAIBORNE. 429

as duty to your Constituents will permit, I shall forbear to rec-
ommend any business which can safely be postponed. —

The act which provided for the Publication of the Laws and
Journals of the Legislature, will not I fear prove fully com-
mensurate to that object; — from a want (probably) of Types or
of sufficient assistance, the Public Printer has progressed so
slowly in the work, as to evidence the necessity of making further
& better provision upon this subject for the future. — The speedy
and certain promulgation of the proceedings of each succeeding
Assembly, is an act of Justice, to the Government, and to our
constituents ; — it would afford the means of general information,
and would present the surest barrier against the effects of Mis-
representation & Misconception. —

A revision in part of the act, regulating the Judicial Depart-
ment, seems to me expedient; — our experience under this Sys-
tem, has not been sufficient to ascertain the extents of its merits,
or defects; — In theory, it is believed, well adapted to the local
situation of the Territory, and to the administering of Justice
between Man and Man ; — that the details of the Bill are defect-
ive, is indeed certain, for perfection in a subject so complex, is
not within the reach of human wisdom; — But its inaccuracies
will best be discovered in the progress of its operation, & the
necessary corrections may then, with greater certainty be ap-
plied ; — You will however find it indispensable, to make a differ-
ent and more convenient arrangement of the times for holding
the Courts ; — the Superior Court for Adams District, & the Court
for Jefferson County follow so close in succession, that they will
probably be in Session at one and the same time, and the Su-
perior Court for Jefferson District and the Election for Repre-
sentatives to the General Assembly, commence on the same days ;
— These interferences (if suffered to continue) will create gen-
eral inconvenience to the Citizens, and may produce an obstruc-
tion in the streams of Justice. — You will also find it advisable, to
make a more just apportionment of the number of Jurors, to be
returned from the different Counties, to the Superior Courts; —

430 MISSISSIPPI TERRITORIAL ARCHIVES.

At present each inferior Court is directed to nominate thirty-six
Jurors to the Superior Court, a regulation which may prove
somewhat burthensome to the smaller Counties. —

While on the subject of the Judiciary, permit me to observe,
that it will be wise policy, to consider with deliberation & can-
dour, every good-intentioned objection, which may exist to the
System; — In a free Government, the wishes of every part of
the community, as far as be practicable, and consistent with the
general good, ought to be consulted, for that, administration will
always be the most honourable and happy, which in the greatest
degree, attaches the affections of the People. —

The prevalence of the Small-pox at New Orleans, and our
constant commercial Intercourse with that Port, exposing this
Territory to iminent danger of receiving the contagion, a general
alarm has prevailed among the Citizens for several weeks past ; —
The want of authority has prevented me, from taking the meas-
ures, best calculated to guard against the introduction of this
'pestilence; — at any time it might prove distressing, but at this
season of the year, when the People are so generally and neces-
sarily engaged in aggricultural pursuits, it would indeed be a
great misfortune. —

Two attempts have been made to avail ourselves of that valu-
able discovery in Medical Science, the Vaccine or Cow-pox, but
I am sorry to inform you, that the Virus which was procured, not
being genuine, or having lost its virtue from age, the first attempt
failed of success, & it is yet doubtful whether the issue of the
second will be more fortunate. —

It remains for the Legislature to determine how far it may
be proper, to pass a general Health-Law, and what powers ought
to be vested with the Executive, to prevent the introduction of
the Small-pox, or other infectious Diseases; — A Law upon this
subject, was passed under the 1st. Grade of Government, and
remains unrepealed, but upon inspection, its provisions will be
found too imperfect to remain as a permanent Regulation. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 431

FELLOW CITIZENS of the LEGISLATIVE COUNCIL and
of the HOUSE of REPRESENTATIVES—

Among the objects of general concern, which properly arrest
the attention of Legislators, there is one of high importance,
which has not yet been attended to in this Territory ; — I mean a
System of Public Education, and I should be sorry to see the
functions of the first Legislature chosen by the People concluded,
until some provision was made, upon this interesting subject.1

Every Government which aims at the general welfare and
happiness, ought to direct its views to the advancement of Litera-
ture, as the most efficient means. — But the very preservation
of a Republican Government in its genuine purity and energy, de-
pends upon a diffusion of knowledge, among the Body of So-
ciety.—

A People involved in mental darkness, become fit subjects for
despotic sway, but when Informed of their Rights, they will
never fail to cause them to be respected by the Public Authority.

I am sure in point of pecuniary resources, this Territory is
well enabled to defray the expence of Literary Institutions; —
The rapid and uncommon growth of wealth amongst us will indeed
be a blessing, if it should be accompanied in a like Ratio, with
Mental improvement; — But if wealth be not used as an Instru-
ment to promote knowledge and rational refinement, there is
danger, that it may produce Luxury & Vice in the rising Gen-
eration, and become the means of corruption both Public &
Private. —

I submit therefore for consideration, the propriety of extend-
ing your Legislative cares, to the Education of our Youth: A
Seminary of Learning, established at some situation central to
the Population of the Territory, fostered by the Government,
and placed under the direction of a well selected Board of Trus-

1 In response to this suggestion of Gov. Claiborne, the Legislature estab-
lished Jefferson College May 13, 1802. Mayes' "History of Education in
Mississippi," page 25; Morrison's "Jefferson College," Pub. Miss. His. So.,
pp. 179-188.

432 MISSISSIPPI TERRITORIAL ARCHIVES.

tees, would I flatter myself, become a fruitful Nursery of Science
& Virtue.—

At this Seminary, our Youth would be collected into one com-
munity, and would form the early ties of intimacy, which would
bind their Hearts in union & friendship through Life. —

I shall reserve for special Messages, some other matters,
which it is proper to lay before you, and will conclude my
present communication, with assurances of my entire confidence
in your Patriotism, and of my faithful co-operation in every
measure, which promises to advance the Interest of the Missis-
sippi Territory. —

(Signed) William C. C. Claiborne

Washington May 4th 1802—

To the two Houses of Assembly.

A Message from the Governor to the two Houses of As-
sembly—

Gentlemen of the Legislative Council, and of the House of Repre-
sentatives.—

The enclosed Resolution of the House of Representatives of
the United States, which was transmitted to me, by the Hon-
ourable the Speaker of that Body, will acquaint you of the death,
of our worthy fellow Citizen Narsworthy Hunter, late a Dele-
gate from this Territory to Congress. —

It will become a duty of the two Houses of Assembly, to sup-
ply the Vacancy which is occasioned by Mr. Hunter's death; —
This unfortunate event has deprived the Mississippi Territory
of a valuable friend. —

(Signed) William C. C. Claiborne
Washington May 4th 1802.—

GOVERNOR WILLIAM C. C. CLAIBORNE. 433

To Gov. Claiborne, from Nathaniel Macon.

Washington 13th. March 1802—
Sir,

The enclosed Resolution of the House of Representatives of
the United States, will inform you of an event, which all here
lament, and none more than

Sir,

Your mo : obt : Servt :

Nanthl Macon

In the HOUSE of REPRESENTATIVES
of the UNITED STATES,

Friday, the 12th. of March, 1802.—
Resolved, that the Speaker of this House address a letter to
the Governor of the Mississippi Territory, to inform him of the
death of Narsworthy Hunter,1 the Delegate from the said Terri-
tory in this House, in order that measures may be taken to sup-
ply the vacancy occasioned thereby2

Extract from the Journal,
(Signed) John Beckley — Clerk —

To Benajah Osmun. —

Town of Washington May 6th. 1802 —
Dear Sir,

The Major of Brigade, has furnished me, with a Copy of
the returns you have made, to his office, of the Bounds of Com-
pany Districts, laid out in this County. —

The promptitude and correctness, with which this duty has
been performed by yourself, and the two Majors, are highly

'Died March 11, 1802.

2 The May session, 1802, elected Thomas Marston Green, of Jefferson
County, to succeed Narsworthy Hunter, deceased.
28

434 MISSISSIPPI TERRITORIAL ARCHIVES.

pleasing to me, and entitle yourself and them to my sincere
thanks. —

With a view to conciliation, and, to effect a ready and cheer-
ful attention to Military duty, I am desirous that the privates
composing the different Military Companies, shall nominate (by
election) such Characters, as they would wish me to Commission
as Captains, Lieutenants, and Ensigns & my determination is
to appoint every Person so recommended, unless there should
exist some good Objection either to his Public or Private Char-
acter.—

Will you therefore appoint a convenient time and place, for
the Citizens subject to Militia duty and residing within the
Bounds of Company Districts, to assemble and recommend their
Company Officers; — will you also instruct one of your Majors
to give due notice of the time when, and the place where, the
different Companies are to assemble, and to attend at the said
Company meetings, in order, that the business may be conducted
fairly; — By the Major, the Persons recommended, will be an-
nounced to you, and through you to me. —

With great respect & Esteem:
I am Dr. Sir,

your obt: Hble: Servt.

(Signed) William C. C. Claiborne

Colo: Benejah Osmun. —

To Gov. Claiborne, from Henry Dearborn.

War Department

March 10th. 1802.—
Sir,

Your representation of the unarmed condition of the Militia
of the Mississippi Territory, and taking into view the peculiar
situation of the Country, has induced the President of the

GOVERNOR WILLIAM C. C. CLAIBORNE. 435

United States to direct five hundred Rifle Guns to be forwarded
from Philidelphia by the first conveyance by water to the care
of William E. Hulings Esquire Vice Consul at New Orleans, to
be delivered to your Order and also three Hundred Muskets to
be delivered at Fort Adams, on your receipting for them. — The
whole of the Rifles and Muskets to be sold under your direction
to the Militia, on such reasonable terms as you may deem proper ;
but it may be found beneficial to set the prices so high as to pre-
vent their being purchased for the purpose of speculation; the
mode of payment will likewise be left to your discretion. — None
should be sold to any Persons not actually belonging to the Mili-
tia.—

I have the honor to be with

sentiments of Esteem.

your Hble Servt :
(Signed) H. Dearborn

His Excellency

William C. C. Claiborne

Governor of the Mississippi Territory

To Henry Dearborn, Secretary of War.

To the above Letter, the Governor wrote the following An-
swer.—

M. T. Near Natchez May 10th. 1802.—
Sir,

I received by the last northern Mail, your Letter of the 10th
of March, advising me that the President had directed five hun-
dred Rifle Guns to be forwarded from Philidelphia to New
Orleans, and to be delivered to my order, and also three hun-
dred Muskets to be furnished me from Fort Adams on my re-
ceipting for them; — the whole to be sold under my directions
to the Militia of this Territory, — This arrangement, has afforded

436 MISSISSIPPI TERRITORIAL ARCHIVES.

me great satisfaction, — it certainly will add to the security of
the District, and will I flatter myself, render our Militia respecta-
ble.— I shall take care that these arms be alone disposed of to
Persons actually Enrolled in the Militia and I shall take every
precaution, to prevent their becoming an object of speculation; —
to enable me the better to do so, I shall, in Person superintend the
sales, and for this purpose, I have it in contemplation to deposit
the Arms in a small Magazine, which will be erected, in about
four hundred yards of my own Dwelling. —

The day after the receipt of your communication, I addressed
to Captain Shaumburgh, commanding the United States Troops
in this quarter a Letter, of which the Paper No. 1. is a Copy, and
I received on yesterday, his answer No: 2. and to which corre-
spondence, I beg leave here to refer you. — I did not suppose it
safe, to have several hundred stand of arms, deposited any where
in this Territory, without a Guard of protection, and the number
of Men I requested of Captain Shaumburgh will not I presume be
deemed too many; — in erecting the Magazine & Block-House,
the utmost economy shall be observed, and the work formed on a
small scale ; — the use of the Land on which the Buildings will be
erected, shall be procured gratis, also all necessary Timber, or
if it should be deemed advisable, I will procure for the United
States (from a Mr. Foster the present owner of the Land) upon
very moderate terms, a Title to the Ground. —

The President, in submitting to my discretion, the
terms upon which the Rifles and Muskets are to be sold, and also
the mode of payment, has given me a high proof of his confi-
dence, & I shall endeavour to discharge that confidence with fidel-
ity;— but I must confess, it would have been more pleasing to
me, if the conditions of the sale had been prescribed; I should
then, have had nothing to do, but to comply with my Instructions ;

GOVERNOR WILLIAM C. C. CLAIBORNE. 437

— but at present, I feel a responsibility, which will attach to my
mind no small share of anxiety. —
With great respect & Esteem,
I am Sir,

Your Hble. Servt:
(Signed) William C. C. Claiborne

The Honble..

Henry Dearborne

Secretary of War

for the United States

To Majors Isaac Callier and Nathaniel Christmas.

A Copy of a Letter from the Governor to Majors Isaac Callier
& Nathaniel Christmas of Washington County, a copy of which
was sent to each of those Gentleman. —

Town of Washington May 11th. 1802
Sir

I have enclosed you a Copy of a Law, which has lately been
passed by the General Assembly; — It is in part interesting to
Washington County and I wish you to make its contents gener-
ally known. —

The printing of the Laws passed during the last Session of
the Legislature is not yet completed ; — so soon as this necessary
duty is performed, correct Copies shall be transmitted to your
County. —

The Citizens of the Territory generally, experience great in-
convenience from the delay which has attended the publication
of our Laws, and this inconvenience cannot be remedied until
a better Printing Press, than the one now engaged can be met
with in the Territory.—

438 MISSISSIPPI TERRITORIAL ARCHIVES.

I sent you Copies of the Tax and the Election Laws by Mr.
James Callier.--

With great respect & Esteem
I am Sir,

Your Hble.. Servt:

(Signed) William C. C. Claiborne

To James Madison.

M. T. Near Natchez May 14th. 1802
Sir,

In conformity to a Proclamation which I issued on the 5th
day of April 1802, the Legislature of this Territory met in Ses-
sion on the 3rd. Instant and on the day following I made to the
two Houses a Communication of which the enclosed is a Copy. —
On yesterday the Legislature adjourned, having acted upon the
different subjects which I had recommended, and made several
very wholesome Laws, amongst which is an act to establish a
College in the Mississippi Territory. — The act declares that
this College shall bear the name of "Jefferson College, in honor
of Thomas Jefferson President of the United States and Presi-
dent of the American Philosophical Society." —

A little Town called Washington, about six miles from Nat-
chez is fixed upon by Law, as the place where the future Sessions
of the Legislature shall be holden. — Washington is handsomely
situated, well supplied with excellent Spring water, and said
to be the healthiest Spot in the District.1 —

During the late Session of the Legislature, a Mr. Thomas M.
Green was elected a Delegate to Congress, to supply the Vacancy
occasioned by Mr. Hunter's death; — Mr. Green is a respectable
and wealthy Farmer, warmly attached to the United States,

'Washington was made the Territorial capital by Act of February 1,
1802. The original Act is signed by W. C. C. Claiborne, Governor; H.
Hunter, Speaker of the House, and John Ellis, President of the Council, and
is on file in the Mississippi Department of Archives and History.

GOVERNOR WILLIAM C. C. CLAIBORNE. 439

& to the principles of seventy six, possessing a tolerable correct
judgment, but without the advantage of a good Education. —
With sentiments of great
Esteem & Respect
I am Sir,

Your Hum : Servt :
(Signed) William C. C. Claiborne

The Honble :

James Madison

Secretary of State for the U.S. — <

To Henry Dearborn, Secretary of War.

The following is a Copy of a Letter from the Governor to
the Secretary of War for the United States.

M. T. Near Natchez May 14th. 1802
Sir, The Indian Goods which were mentioned in my Letter of
the 8th. and 19th. of April, have not yet reached Natchez, they
are however on the River and I expect them daily. — Mr. Jones's
Bill of Cost, when exhibited at Orleans, amounted to one hundred
& thirty Dollars which has been paid at my request by Samuel
Postlethwait Merchant at Natchez and duplicate Receipts taken ;
— for this sum together with the amount of freight from Orleans
to Natchez, which will probably be inconsiderable. — I shall
draw upon you in favor of Mr. Postlethwait. —

I have not yet received an answer from John McKee to the
Letter I wrote him on the 7th. of March on the subject of those
Goods, a Copy of which accompanied my communication to you
of the 8th. of April. —

I have the pleasure to inform you, that the Choctaws continue
friendly, and that most of those poor Indians who recently sup-
ported themselves, by begging & plundering in our settlements,
have returned to their own Lands. —

440 MISSISSIPPI TERRITORIAL ARCHIVES.

By a Gentleman immediately from Orleans I learn, that an
opinion still prevails there, that Louisiana is ceded to France,
but no official information thereof had been received. —

While Spain is in the humour of parting with some of her
dependencies, I wish to God the United States could negociate
for East & West Florida, including the Mouth of the Mississippi ;
— This indeed would be a great acquisition, and would be pro-
ductive of the most happy Political consequences. —
With great respect & Esteem.
I am Sir,

Your mo : obt : Hble : Servt :
(Signed) William C. C. Claiborne

TheHonble..

Henry Dearborn

Secretary of War for the
United States. —

To Seth Lewis.

The following is a Copy of a Letter from the Governor to the
Honorable Judge Lewis.

Town of Washington May 22nd. 1802
Sir,

The Bearer Mr. Stephen Bullock, wishes a Licence to prac-
tice as a Lawyer in the several Courts in this Territory: — will
you be good enough to examine him, and give me your opinion
in writing as to the extent of his legal information. —

I ask permission, to send to you for examination, all future
applicants for admission to the Bar, and your opinion as to their
fitness, will always be received with great respect by

Sir,

Your Hble.. Servt.
(Signed) William C. C. Claiborne

GOVERNOR WILLIAM C. C. CLAIBORNE. 441

To Gov. Claiborne from Henry Dearborn.

A Copy of a Letter from the Secretary of War to the Gov-
ernor.

War Department

April 8th. 1802
Sir,

From your representation of the state of Society at Natchez,
and of the peculiar situation of the Territory, the President of
the United States is of opinion that a Company of regular Troops
may be spared from Fort Adams to be disposed of in the manner
you have suggested: — A Block House and quarters for the
Troops will also be necessary at some healthy and convenient
place. — While the President is desirous of doing for our Citizens
whatever is necessary for their safety and prosperity, he is
anxious to restrain all expences within just & reasonable limits,
It is therefore expected that the Scite, materials and labor for
these works will be furnished at such moderate and reasonable
prices as a private Citizen would pay, these views of economy
being previously secured, a company will be ordered from fort
Adams to assist in erecting the Buildings, together with such
artificers as can be spared from that Post. — High Commanding
ground in the vicinity of good water at one or two miles distance
from the river should be selected for the Post and in the vicinity
of the principal Population, perhaps it may be proper to place the
Post at a greater distance from the River, say three or four
miles, the healthfulness of the Scite should be considered an im-
portant object; — the Block House should be about thirty feet
square and two stories high, the Timber for the walls should be
twelve inches thick and of the most durable kind that can be con-
veniently procured ; — the upper Story should be made convenient
for the residence of the officers, except such parts as will be neces-
sary for depositing the Arms &c; the lower Story may serve as
a Store for the Garrison ; — the Huts or Barracks should be made
sufficiently large to afford suitable accommodation to the non-

442 MISSISSIPPI TERRITORIAL ARCHIVES.

commissioned officers and Soldiers: — If suitable Timber can be
conveniently obtained for a Stockade, it would be an object worth
your attention as a retreat in case of danger for Women and
Children, — one hundred and forty feet square would perhaps be
sufficiently extensive, that however can be better Judged of on
the Spotl-
it is considered that it may be proper and beneficial to consult
with the Commanding Officer of Fort Adams relative to the Scite
for the above works. —
I have the honor to be

With esteem your mo :
obt: Servt:

(Signed) H. Dearborn

His Excellency

William C. C. Claiborne

To Henry Dearborn.

The following is a Copy of a Letter from the Governor in
answer to the foregoing from the Secretary of War. —

Town of Washington, May 24th. 1802
Sir,

I am honored with the receipt of your Letter of the 8th of
April. —

The stationing of a Company of regular Troops at some Po-
sition central to the population of the Territory, and the erect-
ing of some works of Defence, to be appropriated also, as a place
of Deposit for Arms &c. are in my opinion, prudent measures ; —
I flatter myself that no event will arise, to disturb the peace of
this distant settlement, but really in its present defenceless and
exposed situation, I should think myself wanting in duty, had I

1 Description of Fort Dearborn, as afterwards constructed under orders
of Gov. Claiborne at Washington M. T. The site of the old fort is still an
object of interest to visitors to that little village.

GOVERNOR WILLIAM C. C. CLAIBORNE. 443

not suggested the propriety of placing the means of defence,
within the reach of the People. —

The Scite, materials and labour for the Fort &c, I will take
care to obtain on such "reasonable and moderate terms, as a pri-
vate Citizen would pay," and so far as may depend upon my
agency, I shall endeavour on all occasions, to restrain the ex-
pences of Government in this quarter, within just and economi-
cal limits. — It seems to me that the cost of the works contem-
plated, will be far from being considerable; — A Company of
Men, aided by a few artificers from Fort Adams, would be en-
abled in a short time, to erect the necessary Buildings and I pre-
sume a few acres of Land, and the necessary materials, such as
Timber, Iron &c, (including the expence of hauling) may be pro-
cured for a sum less that six hundred Dollars. —

I shall advise with the Commanding Officer at Fort Adams,
as to the proper Scite for these works ; — and will write further
upon the subject by the nexy Mail: — I shall however, cause a
small Block House about fourteen feet square, to be raised, to
deposit temporarily the arms, that are to be sold to the Militia;
It will be situated about four hundred yards from my House, and
within the same distance of the Town of Washington, the present
seat (of) Government for the Territory. — I have procured the
Timber for the Block-House, and also the use of one acre of
ground gratis; — But should the Secretary of War wish the
ground to be conveyed to the United States, the owner has agreed
to do so, for thirty five dollars. —

The arrangement of the Militia in this Territory, receives a
great share of my attention; — It is a troublesome undertaking
but I shall persevere, until I effect a complete organization. —

I have not yet heard of the arrival of the Rifles at Orleans ; —
It is my intention, to dispose of the Muskets & Rifles for cash,

444 MISSISSIPPI TERRITORIAL ARCHIVES.

and upon such Terms, as will remunerate the United States, the
original Cost. —

With great Respect

and sincere Esteem
I am Sir,

your Hble — Servt —
(Signed) William C. C. Claiborne
The Honble—

Henry Dearborn

Secretary of War for the U.S.

To James Madison.

Mississippi Territory, Town of Washington

May 28th. 1802.—
Sir,

I have the honor to enclose you, a Manuscript Copy of the
Laws passed at the last Session of the Territorial Legislature;
There being at present, no Secretary in the Territory, (Colo:
Steele's time of service having expired) the original Laws, are
deposited with me for safe keeping. —

The acts passed at the Session, previous to the last, are yet
with the Printer; but I hope, the publication of them, will be
completed in the course of next week, and if so, I will transmit
you a Copy, by the next Mail. —
With respect & Esteem.
I am Sir,

YourHble.. Servt:

William C. C. Claiborne

The Honble—

James Madison

Secretary of State
for the U. States

GOVERNOR WILLIAM C. C. CLAIBORNE. 445

To Gov. Claiborne, from James Madison.

Department of State

April 9th. 1802—
Sir,

I herewith enclose your Commission, as Governor of the
Mississippi Territory, issued in consequence of the Senate's con-
firmation of your appointment,1 and,
have the honor to be
Sir,

your obt. Servt :
(Signed) James Madison

William C. C. Claiborne

Governor of the Mississippi Territory. —

The following is a Copy of a Commission. —

THOMAS JEFFERSON President
of the United States of America,
To all who shall see these presents, — G r e e t i n g,
KNOW YE, That reposing special trust and confidence
in the Patriotism, Integrity and Ability of WILLIAM C. C. CLAI-
BORNE, of Tennessee, I have nominated, and by and with the ad-
vice and consent of the Senate do appoint him GOVERNOR in
and over the Mississippi Territory; — and do authorize and em-
power him to execute and fulfil the duties of that office according
to Law; — and to Have and to Hold the said Office, with all the
powers, privileges and Emoluments to the same of Right apper-
taining for the term of three years from the day of the date
hereof, unless the President of the United States for the time
being should be pleased sooner to revoke and determine this com-
mission.

1 Gov. Claiborne was appointed on confirmation by the Senate January
26, 1802. His first apopintment of May 25, 1801, was made during a recess
of the Senate.

446 MISSISSIPPI TERRITORIAL ARCHIVES.

IN TESTIMONY WHEREOF, I have caused these Letters to
be made Patent, and the Seal of the United States to be hereunto
affixed.

Given under my Hand, at the City of Washington, the Twenty
Sixth day of January in the year of our Lord, one thousand
Eight hundred and two; and of the Independence of the United
States of America the Twenty Sixth. —

(Signed) THO: JEFFERSON

By the President,

(Signed) James Madison Secretary of State

To James Madison.

M.T. Town of Washington June 1st. 1802
Sir,

I have the honor to acknowledge the receipt of your Letter
of the 9th — of April, enclosing me a Commission as Governor
of the Mississippi Territory, issued in consequence of the Sen-
ate's confirmation of my appointment.

I am gratified with this additional proof of my Country's
confidence, and it will not fail to excite my best endeavours to
execute with propriety the trust reposed in me. —
I am Sir,

very respectfully

your mo : Obt : Hble — Servt :
(Signed) William C. C. Claiborne

The Honble—

The Secretary of State

for the United States. —

To Gov. Claiborne, from Thomas Jefferson.

A Copy of a Letter from Thomas Jefferson, President of the
United States, to the Governor of the M. T. enclosing his answer

GOVERNOR WILLIAM C. C. CLAIBORNE. 447

to an address from the House of Representatives, of the M Ter-
ritory to him ; with a Copy of that answer ; & a copy of a letter
from the Governor of the sd. Territory, to the President in an-
swer to the one above mentioned.

Washington, April 3d. 1802.
Dear Sir,

The House of Representatives "of the Mississippi Territory
"having sent through your hands the address they were pleased
"to present to me, permit me to ask permission to pass the an-
"swer through the same Channel, and to add assurances of my
"friendly respect & high Consideration.

Th. JEFFERSON
His Excellency

W. C. C. Claiborne

"Governor of the M.T."

To the House of Representatives of the Mississippi Territory,
from Thomas Jefferson, President of United States.

"To the House of Representatives of the Mississippi Terri-
tory."—

"Gentlemen,

"I receive with Great pleasure the address of your honoura-
ble house of the 20th — of January, & thank you for the senti-
"ments of affection, of approbation, & of confidence which it
"expresses.

"The interesting portion of our country which you occupy,
"is worthy the fostering care of the General Government: im-
pressed with a full sense of the duties I owe to your situa-
tion, I shall not fail to fulfil them with solicitude & fidelity.

"With local advantages so distinguished, a fertile soil, genial
"climate, and precious productions, the day cannot be distant,
"when, strong in population, and rich in resources, you will, by

448 MISSISSIPPI TERRITORIAL ARCHIVES.

"the addition of your wealth & strength, amply retribute to your
"sister states, the care & protection under which you will have
"been nurtured, nor shall we doubt your assistance in fortifying
"in our minds a strict adherence to the Constitution, and to those
"Republican principles, which the patriots & heroes of 76 es-
tablished & consecrated.

"I pray you to be assured of my fervent wishes for your
"safety & prosperity, & to accept the homage of my high respect
"& consideration.

"TH: JEFFERSON

"April 3d 1802."

To Thomas Jefferson, President of the United States.

"Mississippi Territory
"Town of Washington, June 1st

1802
"Dear Sir,

On last evening I received your letter of the third of April,
"enclosing your answer to an address from the House of Repre-
sentatives of this Territory, and which I shall with great pleas-
ure, forward to the Speaker of that body.
"With assurances of my highest respect,
I have the honor to subscribe
"myself,

"yr faithful friend

"& mo: obdt. Hble: Servt.
(Signed) "William C. C. Claiborne

"His Excellency

"Thomas Jefferson

"President of the United States."

GOVERNOR WILLIAM C. C. CLAIBORNE. 449

To James Scurlock.

A letter from the Governor to Mr. James Scurlock, of Pinck-
neyville

"Town of Washington, June 2d. 1802.
"Sir,

I have understood that you have lately returned from the
"Spanish settlements, and that your family are not entirely free
"from the contagion of the Small Pox: If this is the case, I
"hope you will immediately remove the person or persons in your
"family affected, without the Town of Pinckneyville, to some
"retired situation, & that every precaution will be taken by
"you, to prevent the spreading of the disease. — This is your duty
"as a good citizen, & I enjoin a strict performance.

"There is a Law of the Territory entitled an act to prevent
"the importation and spreading of the Small pox",1 which pun-
ishes with fine & imprisonment any person who shall wilfully
"introduce the small pox into our settlement. The general good
"dictated the passage of this Law; and suggests, also, the pro-
priety of rigidly enforcing it.

"With respect

"I am, Sir,

"yr. Hble : servt.

("Signed) William C. C. Claiborne."

"James Scurlock."

Warrant on Treasurer.

A Warrant in favour of Edward Turner for 36 dolls, on the
Treasurer General for certain services rendered

"To Abner Green Esqr. Treasurer General of the Mississippi

"Territory ;

"You will pay to Edward Turner2 out of any monies which
"may be in the Treasury, thirty six dollars, being the amount of

JAct of May 13, 1802.

2 Clerk of the House of Representatives, who was distinguished in State
Affairs. Lynch's "Bench and Bar of Mississippi," pages 84-87.

450 MISSISSIPPI TERRITORIAL ARCHIVES.

"the compensation allowed him by me, for taking several manu-
script copies of the laws passed at the late session of the Legis-
lature: and for so doing, this instrument of writing shall be
"your sufficient warrant.

Seal "Given under my hand & seal to the Town of Washington,
this 2d. day of June, A.D. 1802.

(Signed) "William C. C. Claiborne—"

To John McKee.

"Near Natchez, June 4th— 1802
"Sir,

Your Communications of the 25th — of April and 20th of May
"have been received; and I thank you for the promptitude with
"which you commenced an enquiry relative to the killing of Mr.
"Fitzgerald's negroe; It is important that the murderer should
"be known, & I hope you will endeavour to procure such infor-
"mation as will enable you to state to me with certainty the name
"of the fellow who committed the murder, & the Town to which
"he belongs.

"I am inclined to think that the tale of the Indian who
"says he was stabed in the back by a white man without any
"previous quarrel, is not correct. It is most likely to have been
"the result of a drunken frolick, in which a white man might
"probably have been a party.

"The Citizens of Natchez and its vicinity are not at this time,
"as much embarrassed with Indian visits as formerly. Of late,
"several of these vagabond fellows, with their families, who had
"become so troublesome, have retired from our settlements; but
"many others still remain ; greatly to the disturbance of the good
"people of this Territory. I wish that this great inconvenience
"could be remedied. I think with you, that the people of Natchez
"are themselves much in fault; and I shall endeavour to put a

GOVERNOR WILLIAM C. C. CLAIBORNE. 451

"stop to the practices which you allude to : But it will still be ad-
visable for you to impress upon the minds of the Choctaw
"Chiefs the propriety of their restraining some of their people
"from making such frequent, unnecessary, & lengthy visits to
"this Territory.

"The tools I mentioned to you in a late letter, are now in
"Natchez. I expect in two or three weeks to hear from the Secre-
tary at War, upon the subject of their goods But if in the mean
"time the person you propose sending for the Chactaw annuity,
"should arrive, I shall commit to his care a part, and probably
"the whole, of the tools to be distributed under your direction.

"In a letter from the Secretary at War, dated on the 23rd —
"of February (a copy of which is herewith enclosed for your in-
formation and instruction) I am directed "to consider myself
"as having the superintendence of all business relating to the
"Indians within this Territory"; and in future, all such sub-
"agents as may be appointed by the President, to reside among
"the Indian Nations, are directed to correspond with the Gov-
"ernor of the Territory, in which they may be placed, and com-
"municate generally with the department of war, thro' that chan-
"nel; and to consider themselves under the General direction of
"the Governor." In consequence of this new regulation, the gen-
"eral superintendance of the Chactaw Nation, devolves upon me,
"and I promise myself great support from your faithful and able
"co-operation.

"In the letter from the Secretary at War, your duty is par-
ticularly detailed. The report which is directed to be made
"once in every three months, I will thank you to forward to me,
"at the earliest convenient period; it will acquaint me with the
"present state of your agency, and of the Chactaw Nation; & I

452 MISSISSIPPI TERRITORIAL ARCHIVES.

"shall then be the better enabled to forward the views of the
"Government.

With assurances of great respect
& esteem,
I am,

Sir, &c'

William C. C. Claiborne.
P.S. I have sent you, in a separate packett, a news paper,
"which contains a copy of the late act to regulate Trade & inter-
course with the indian tribes, and to preserve peace on the
"frontiers.

"Colo. John McKee

"Agent in the Chactaws"

To Henry Dearborn.

Natchez, 10th. June 1802.
"Sir, t,

"Three Hogsheads & three Boxes of Ironmongery, marked
"U. States, Chactaw Nation," being the same which I have men-
tioned in several of my late letters, have arrived at Natchez.
"The freight & charges on these goods, as will appear by the
"vouchers enclosed, amounted to one hundred & sixty four dol-
lars— for which sum, I have this day drawn a Bill upon you
"payable at five days sight, to Samuel Postlethwait & Co. or
"order. —

"With great respect
"I am,
"Sir
"yr Hble. Servt.

"William C. C. Claiborne"
"The Honble: H. Dearborn

"The Secretary at War"

GOVERNOR WILLIAM C. C. CLAIBORNE. 453

June 12th— 1802

The Governor issued a warrant upon the Treasurer for fifty
two dollars in favour of James Patton, being the sum due him for
his services as a marker of the road from the national boundary
line, to the town of Natchez as appeared by an account which he
rendered, and a certificate signed by Hugh Davis & John Collins,
two of the Commissioners for laying out said road.

Address to Officers of Militia.
June 21st. 1802

"Gentlemen officers of the first
"Regiment of Militia,

"I avail myself of this opportunity to offer you my congratu-
lations, on your entering upon the duties of your present hon-
ourable appointments, and to express my entire confidence in
"your exertions to merit the trusts respectively committed to
"you.

"The importance of a well regulated & a well armed militia
"to the safety of this Territory, must be fully impressed upon
"every reflecting mind; and that every good citizen will unite
"cordially in effecting an object so essential to the general good,
"I will not for a moment permit myself to doubt.

"To render our Militia a safe rampart of defence, order,
"regularity, and a proper degree of military discipline must be
"introduced. In these particulars you will (probably) find the
"regiment to which you are annexed, greatly deficient, But
"relying as I do, upon the zeal & industry of the officers, the do-
cility & obedience of the privates, & above all, upon the pa-
triotism of this community, I persuade myself that the time is
"not distant, when every citizen of this Territory, will be a

454 MISSISSIPPI TERRITORIAL ARCHIVES.

"soldier, & prepared on all occasions, to defend with his life, his
"country, her government & laws.

"William C. C. Claiborne"

To Gov. Claiborne from Wm. T. McCormick.

A copy of a letter, from William T. McCormick, & the Gover-
nor's answer.

Natchez 22d. June 1802.
"Dear Sir,

"Inclosed is the account of disbursements I have made for
"the small-pox hospital say Doll 114 6V2-IOO. — If found right
"would be much obliged to you to annex your certificate.

"Pardon my troubling you at this time, I should not have so
"immediately done it, but a gentleman to whom I am to pay
"money has an arrangement to make with the Treasurer, and this
"receipt can probably come in as so much cash.

"With sentiments of great respect

"I remain your obdt Servt

Wm- T. McCormick

His Excely :

William C. C. Claiborne
"Governor of the M. T."

To Wm. T. McCormick, Esq.

June 22d. 1802
"Dear Sir,

"I have enclosed you a warrant upon the Treasurer for the
"amount of your Bill.

"I take this occasion to acknowledge my obligations to you,

"for the care & humanity which marked your attention to the

"hospital camp, & to assure you of my respect & regard.

"William C. C. Claiborne
"Wm- T. McCormick Esqr."

GOVERNOR WILLIAM C. C. CLAIBORNE. 455

Pardon to George Rapalje.

"By William C. C. Claiborne
"Governor of the Mississippi Territory
"To all who shall see these presents,
"Greeting;

"Whereas at a Supreme Court of Law held in & for the
"County of Adams, in the Territory aforesaid, on the second
"monday in October in the year 1800, present the honorable Seth
"Lewis, chief Justice of the Said Territory, & the honorable
"Peter Bryan Bruin, second Judge thereof, then & there possess-
ing authority to hold said Court & to hear & determine all man-
"ner of felonies & other crimes & misdemeanors committed
"against the peace & dignity of the United States & of this Terri-
tory, and of the laws thereof within the same Territory.

"And Whereas the Jurors of the said United States in
"and for the sd. County of Adams, then & there attending the
"Supreme Court aforementioned, & being duly sworn on their
"oaths did present that George Rapalje late of the said County
"on the 13th. day of September in the year 1800 at the County of
"Adams in & upon the body of a certain John Cotty then &
"there being, an assault did make, and that he the said Rapalje
"with a certain dagger which he then & there held, the said John
"Cotty, feloniously, wilfully, & of his malice aforethought did
"strike & thrust, giving to the said John Cotty with the dagger
"aforesaid one mortal wound of which the said John Cotty, then
"& there instantly died, whereupon the Jurors aforesaid, upon
"their oaths aforesaid did say that the said George Rapalje: the
"said John Cotty in manner & form aforesaid, feloniously, wil-
"fully, & of his malice aforethought did kill & murder, against the
"statute in that case made & provided, and against the peace &
"dignity of the United States & of this Territory. —

"And Whereas the said George Rapalje being thereupon
"arraigned & having pleaded that he was not guilty: issue was

456 MISSISSIPPI TERRITORIAL ARCHIVES.

"then joined in due form of law, & thereupon came a jury of good
"& lawful men who being elected & sworn the truth to say, and
"upon the premises aforesaid, upon their oaths did say that "The
"prisoner is not guilty of the murder aforesaid, as above charged
"upon him, but that the said George Rapalje is guilty of the
"felonious slaying of the aforesaid John Cotty," all which
"will more fully appear, reference being had to the proceedings in
"this case yet remaining of record among the Rolls & Records
"of the aforesaid Court.

"And Whereas a petition signed by a great number of
"very respectable Inhabitants of this Territory has been pre-
sented to me, recommending the said George Rapalje as an
"object of mercy & praying for a pardon in his behalf:

"NOW THEREFORE KNOW YE that having considered
"the prayer of the aforesaid petitioners, I have thought proper to
"extend mercy to the said George Rapalje and by virtue of the
"power & authority in me vested as governor of the aforesaid
"Territory, I do by these presents pardon & consign to oblivion
"the offence aforesaid, whereof the said George Rapalje stands
"convicted as aforesaid : Provided nevertheless and BE
"IT REMEMBERED, that these presents are granted upon the
"following expressed conditions, to wit, That "Before the said
"George Rapalje shall be allowed to take benefit of these presents,
"he the said George shall before the Judges of the Superior Court
"of law for the District of Adams in open Court, or before one
"of the Judges of the same out of Term, become bound in a
"Recognizance to the Governor of the Mississippi Territory and
"his successors in office, himself the said George Rapalje in the
"sum of two thousand dollars, and two sufficient securities in the
"sum of five hundred dollars each, with condition that the
"said George Rapalje shall keep the peace, and be of good be-
"haviour towards all the good people of this Territory, and all
"others being therein, for and during the period of five years, to
"begin & be computed, from the day of the date of these presents :

GOVERNOR WILLIAM C. C. CLAIBORNE. 457

"Provided also, and the true intent & meaning hereof
"is, that if within the aforesaid term of five years the said George
"shall commit any breach of the conditions of these presents,
"or of the conditions of the recognizance hereby required, then
"this pardon shall cease & be utterly null & void to all intents
"& purposes.

"Given under my hand and the seal of the Territory at the
"town of Washington on the 22d. day of June, in the year of
"our lord, one thousand eight hundred & two."

"William C. C. Claiborne"

To Gov. Claiborne, from Wm- E. Huling.

"New Orleans, 12th. June 1802.
"Sir,

"The goods mentioned in the inclosed letter & bill of lading
"have arrived. I have entered them for deposit, and as soon as
"they are landed, shall store them until I receive your com-
"mands.

"Permit me to offer you my services in whatever may contri-
"ute to the public good, or to your personal interest, and to
"assure you of my respect.
"I am

"Sir

"yr. mo: obdt Servt &c.
"His Excelly. "Wm. E. Hulings

"Governor Claiborne."

To Wm. E. Huling.

"Natchez June 26th. 1802.
"Sir,

"Your letter of the 12th — Inst : together with its enclosure,

"have been received.

458 MISSISSIPPI TERRITORIAL ARCHIVES.

"I will take early measures to transport the goods mentioned
"in the Bill of lading to Natchez; and in the mean time I am
"pleased that they are committed to your care.

"I shall occasionally avail myself of your good offices at Or-
leans, and I pray you to be assured of the pleasure, with which
"I would render you any service, in my power.
"I am
"Sir,

"very respectfully
"yr obdt Servt.
"The Honble: "William C. C. Claiborne

"Wm. E. Hulings"

* Memorandum, the goods mentioned in the bill of lading,
were five hundred rifle guns, packed in forty nine chests.

To John McKee.

Near Natchez, June 29th. 1802.
"Dear Sir,

"The bearer Andrew Bracken a citizen of the U. States, visits
"the Chactaw nation, in order to recover some horses and other
"property of which he was robbed by a party of Indians (sup-
posed to be Chactaws) on the road leading from Tennessee to
"this Territory.

"You will be pleased to give Mr Bracken all the assistance
"in your power; & if it should appear that the Robbery was
"commited by Chactaws I request you to impress upon the Chiefs
"the propriety & necessity of punishing the offenders.

"This is the first outrage since the Treaty at Fort Adams,
"and if the Chiefs should cause the offenders to be severely pun-
"ished; it will probably be the last; but if this act of aggression
"should pass unnoticed, it will invite others, and the traveller
"will have no security.

GOVERNOR WILLIAM C. C. CLAIBORNE. 459

"The paper enclosed (which is a true copy of an original
"deposition, now on file in my office) will shew you the amount
"of Mr. Bracken's loss, and describes particularly the property
"plundered.

"Will you present to the Chiefs my best wishes; & assure
"them of my great solicitude for the happiness & prosperity of
"the Chactaw nation.

"With respect & esteem,
"I am,

"Dear Sir

yr. Hble: Servt.

William C. C. Claiborne
"Colol. John McKee

"agent for the U. S. in the Chactaw Nation."

To Gov Claiborne, from Henry Dearborn.

War Department, May 24th— 1800.
"Sir,

"I have the honor to acknowledge the receipt of your Excel-
lency's letter of the seventh ultimo, together with copies of
"correspondence relative to the goods for the use of the Chactaw
"Indians ; enclosed you will receive a copy of the Invoice of these
"goods Shipped from Philadelphia in October 1800.

"As soon as Mr. Dinsmoor1 (the agent to the Choctaws)
"shall arrive in the nation you will please to take measures in
"conjunction with him, to have these goods delivered as orig-
inally intended. The expenses incurred will be paid on your
"draft being presented at this Department.

1 Silas Dinsmore, agent to the Choctaws.

460 MISSISSIPPI TERRITORIAL ARCHIVES.

"Please to accept my thanks for your prompt attention to
"this business, and am with great respect

"yr. Excellency's

"mo: obdt. Servant
"His Excellency H. Dearborn

"William C. C. Claiborne"

To Henry Dearborn.

Near Natchez, June 29th — 1802.
"Sir,

"I have received your letter of the 24th — ultimo covering an
"invoice of certain Indian goods, which were Shiped from Phil-
adelphia in October 1800. These goods are now at Natchez;
"and shall be forwarded with care to the Chactaws, as soon as
"I learn of Mr. Dinsmoor's arrival in the nation.

"It is expedient to carry into effect at an early period, the
"third article of the late Treaty between the U. States and the
"Choctaw nation, which provides "that the line of demarcation
"which was formerly established between the officers of his
"Britanic majesty, and the Chactaw nation, which runs in a par-
allel direction with the Mississippi river, and eastward thereof
"shall be retraced and plainly marked; The particular course of
"this line in its whole extent is little known, and the interest of
"both parties, requires that it should be ascertained with cer-
"tainty.

"On the 14th — of this month, a man of the name of Bracken
"who was removing with his family to Natchez, was robbed of
"several horses & other property by a party of Indians (supposed
"to be Choctaws) on the road leading from Tennessee to this
"Territory : On this morning I dispatched Bracken to the nation
"with a letter to the agent, (of which the enclosed is a copy)
"and I flatter myself that the stolen property will be returned,
"& the offenders punished.

GOVERNOR WILLIAM C. C. CLAIBORNE. 461

"I have not yet been enabled, in conjunction with the com-
"manding officer of Fort Adams to select a scite for the erection
"of a Garrison, central to the population of this Territory. The
"new organization of the Troops has for a few weeks past, con-
"fined the commanding officer of Fort Adams at that post: In
"the course of next week, however, I expect Captn. Sparks,1
"(the officer commanding) at my house; and we will then pro-
ceed to select a scite, and to make other necessary arrangements,
"of which you shall be immediately notified.

"In a letter from Mr. Hulings of New Orleans, dated on the
"12th. Inst: I am informed of the arrival at that port of the
"five hundred rifles, which you advised me of in your letter of
"the 10th. of march last : I shall take measures for the transpor-
tation of these guns to Natchez and will dispose of them in
"conformity to the instructions I have heretofore received
"With great respect, & sincere
"esteem,
"I am
"Sir,

"Yr. mo: ob: Hb: servt.
"The Honble: "William C. C. Claiborne.

"H. Dearborn, Secretary at War.

Letter to Sheriffs.

The Governor addressed a letter (of which the following is
a copy) to the Sheriffs of each County :

"Town of Washington June 30— 1802
"Sir,

"The acts passed at the late Sessions of the Legislature not
"being printed, I enclose you a manuscript copy of the election
"law, together with an extract from the ordinance, prescribing
"the qualifications of the voters.

1 Captain Richard Sparks.

462 MISSISSIPPI TERRITORIAL ARCHIVES.

"The law points out your particular duty, as also the manner
"of appointing inspectors of the election.

"It will be highly proper to advertise at several of the most
"public places, in your county, the time & place of holding the
"election; or otherwise, a general information thereof may not
"be communicated.
"I am,
"Sir,

"Very respectfully
Yr. Hble: Servt.

"William C. C. Claiborne."

To Henry Dearborn.

"Near Natchez, June 30th— 1802.
"Sir,

"I enclose you a letter which I have this day received from
"a Mr. John Callier of Washington County in this Territory, a
"Major in the Militia, and a Member of the Washington County
"Court.

"If the Chactaws, (as Mr. Callier states) should be disposed
"to part with any of their land on the waters of the Tombigbee,
"it would be a great accommodation for our citizens in that quar-
"ter to make a purchase ; and I am certain that, if the purchase
"money should not be very considerable it would be speedily re-
imbursed by a Sale of the lands : for the emigration to the Tom-
"bigbee has of late greatly increased ; and if the bounds of that
"District were enlarged, there is no doubt but it would in a short
"time become a strong & compact settlement.

"The Spanish record of which Mr. Callier speaks, may be
"an important paper. If his information be correct the claim
"of the Indians to certain lands which they at present hold, will
"be found to have been justly extinguished.

GOVERNOR WILLIAM C. C. CLAIBORNE. 463

"The situation of our citizens on the Tombigbee is indeed
"unpleasant; Their numbers do not exceed twelve hundred of all
"descriptions ; nor will the present bounds of Washington County
"admit of much greater population. These few citizens are
"separated from Natchez by an Indian Country of near 250 miles
"in extent; surrounded on all sides by savages, and might be
"cut off before information of their distress could reach any
"other county in this Territory.
"I am
"Sir,

"very respectfully

"Yr. Hble: Servt.

W. C. C. Claiborne.
"The Honble:

"Henry Dearborn

"Secretary of War."

To Gov. Claiborne, from James Madison.

Department of State, May 11th — 1802.
"Sir

"Your several letters from Novr. 24th — to the 6th — of
"March last, have been successively received.

"Such of them as fell within the purview of the War Depart-
ment were communicated to General Dearborn, who, I have
"reason to believe, has bestowed on the subjects recommended a
"favorable attention.

"I Inclose the opinion of the Attorney General in the case
"where you wished it. Altho' the phraseology used by him does
"not refer to the technical distinction between a chancery and
"common law Jurisdiction, the former having no distinct es-
tablishment in the Eastern States, yet you will find your idea
"justified that equity can always relieve against fraud.

"It is to be regretted that so much violence and vicissitude
"as you describe should afflict the inhabitants of a settlement,

464 MISSISSIPPI TERRITORIAL ARCHIVES.

"which both in its infant and frontier character, more partic-
ularly needs the advantages of concord and stability. We rely
"much for a remedy on your patriotic dispositions and prudent
"counsels, which as they develope themselves cannot fail to in-
spire the well meaning with confidence & to repress the activity
"of others.

"I cannot yet give you any final information whether the
"Spaniards are to remain your neighbours, or are to exchange
"that character with the French. It seems certain that a trans-
fer of Louisiana was stipulated to the latter. Whether they
"will be diverted from the object, or abandon it of themselves
"as their true interest would advise, remains for time to ex-
"plain.

"Congress adjourned on Monday the 3d. Inst. As soon as the
"laws of the Session shall be ready, a copy will be forwarded to
"you. The course of their proceedings will have come to your
"knowledge through the newspapers, a file of the latest of which
"is herewith enclosed. I hope that in future you will receive
"them more regularly, thro' the ordinery channel.
"With sentiments of great respect & esteem
"I have the honor to be, Sir, yr. mo:
"obdt. servt.

"His Excellency "James Madison

"William C. C. Claiborne Esqr.
"Governor &c."

Opinion of Attorney-General.

The opinion of the attorney General alluded to in the above
letter.

"Washington, March 26th— 1802.
"Sir,

"In answer to your communications as contained in the letter
"of the attorney General of the Mississippi Territory, enclosed

GOVERNOR WILLIAM C. C. CLAIBORNE. 465

"by Governor Claiborne, respecting claims to vacant lands in
"that Territory. I can state little more than general principles,
"and a loose opinion on the decided cases.

"It does not appear from the letters what were the pleadings
"in the action, in which evidence of fraud in the dating of a
"deed was excluded ; what was particularly in issue ; why it was
"done; whether it was from the idea that the evidence was not
"of the proper kind ; or the best which the nature of the transac-
"tion admitted of ; or that the witnesses were considered incompe-
"tent from being interested in the question or in the cause.

"Nothing can be clearer than that all grants made by the
"Spanish Government, after the ratification of the treaty by
"which the land was ceded to the United States are void." A
"claimant who had in fact obtained a patent or a title before
"that time under the Spanish, or since under the American Gov-
ernment, can alone hold by his grant. There being no question
"of a right by mere possession in the way, and indeed such a right
"to vacant lands can never exist against Government. The only
question is, When was the patent granted? not when was it
"dated, or what is its date? The delivery of a deed is a consum-
mating act, by which, and from the time of which, it takes effect
"and operates. Its delivery may be before or after its date.
"An anti-date, a subsequent, or no date is material, only, as proof
"of a delivery, until which there can be no deed. But prima
"facie, every deed shall be intended to be delivered on the day of
"its date, and to be made fairly and in good faith. These pre-
sumptions are, however, controlable by proof. The execution of
"all deeds must be proved, if their validity is questioned any evi-
dence which will shew any of their essential parts to be differ-
ent from what they are presumed to be, and in favour of a third
"person must be admissible. Delivery is a matter in the Country
"& an indispensible requisite to be established by evidence for-
eign from the date of the deed, or any thing contained in it.
"There is a difficulty in conceiving how evidence to this point

466 MISSISSIPPI TERRITORIAL ARCHIVES.

"could be excluded by the Supreme court. The Warrant of sur-
veys, petition, certificates, & plats, under the Spanish Govern-
"ment, and which are said to be in the offices in New Orleans, can
"be of no use, but to shew the real time of a patents being
"granted. Where there are interfering grants, and the question
"is, which was first made; or when they were respectively
"made, and there is no registry or record to decide it by, nor
"any statute mode of ascertaining the matter, the grestest lati-
tude should be given for the admission of evidence, and espe-
cially in suppression of fraud.

"If it should be necessary to procure evidence in possession
"of the Spanish Government, I should suppose an application
"by a party interested, or by the Governor of the Territory,
"would be abundantly suffucient for that purpose. A line from
"the Spanish minister at this place on the subject may be use-
"ful. His Government will not hesitate to aid in the detection of
"fraud, and none will pretend that a Spanish grant of land, after
"their right to it ceased, or a subsequent deed, with a prior date,
"can be good against a person, claiming under a prior deed, or
"a rightful grant.

"Mention is made of an action's being brought by one Green
"against the United States for the recovery of public lands &
"buildings, and in which after a verdict for the demandant, a new
"trial has been granted. It is not perceived how an action could
"be brought against the U. States. It may have been against an
"individual possessing, or claiming to possess under them. As no
"case is stated, I do not see how government can be bound by any
"verdict which may be given in the case, nor can I give any opin-
ion on the subject.

"I am Sir most respectfully

"yr mo: ob: Servt.

Levi Lincoln

"TheHonble:

"James Madison Esqr.
"Secretary of State."

GOVERNOR WILLIAM C. C. CLAIBORNE. 467

The Governor's Answer.

"Near Natchez, June 31st — 1802.
"Sir,

"By the last mail I was honoured with the receipt of your
"letter of the 11th. ult: enclosing me the attorney General's
"opinion in the case I had solicited it.

"The Spanish Governor was extremely liberal in his dona-
tions, after the promulgation of the treaty between the United
"States, and Spain, and there is no doubt but many tracts of
"land in this District are claimed by antidated grants ; and I be-
"lieve the fraud may be proved without any difficulty.

"The compromise between the U.S. and Georgia is pleasing to
"most of the citizens in this quarter.1 The terms are just and lib-
"eral ; and I sincerely hope they may be acceded to by Georgia :
"if so, and an office should be speedily opened for the sale of
"vacant lands, and the terms of sale moderate, this Territory
"will, in a few years become strong in population.

"Our present neighbours the Spaniards are truly friendly;
"and I flatter myself that if the French should possess Louisiana,
"with them also, we shall remain upon a good understanding; but
"I must confess I should regret the exchange.

"In the course of the negociations among the great nations
"of the Earth for Territory, I wish to God the U. States could
"possess themselves of East & West Florida, including the Island
"of Orleans. The bounds of our Country would then be suffi-
ciently extensive, and the chain of the American Union rendered
"too strong to be weakened for several centurys.

"With every Sentiment of esteem &
"respect,

"I have the honor to be Sir,
"yr. mo : ob : Hb : Servt.

William C. C. Claiborne

The Honble

James Madison, Secretary &c

'Act of April 24, 1802, by which Georgia ceded to the United States title
to lands claimed by both.

468 MISSISSIPPI TERRITORIAL ARCHIVES.

Appointments during April, May & June, 1802.

July 1st. 1802.

In JEFFERSON COUNTY.

William Erwin,
William Shaw,
Jesse Weathers,
Henry Mannadell,
John Dennis, &
Abner Pipes,

Justices of the peace, &
Justices of the County
Court.

In ADAMS COUNTY.

Philander Smith- * Declined

John Henderson

Joseph Erwin

Joseph Sessions Justlces of the p

William Darby and justices of

Abner Green \ the County Court.

Walter Burling - &

Samuel Boid

In CLAIBORNE COUNTY.

James Harman

a Justice of the peace, &
a Justice of the County ct.

In WILKINSON COUNTY:

Joseph Pannell
Joseph Johnson, &
Reison Webster

Justices of the peace
& Justices of the
County Court

GOVERNOR WILLIAM C. C. CLAIBORNE. 469

Thomas Green Senr.

Treasurer for Jefferson
County —

John Brooks — Sheriff. > for Jefferson
William Moss — Coroner J County.

For Militia appointments during the last three months, ref-
erence may br had to the office of the Brigade Inspector, where
they are duly recorded.

To Richard Sparks.

"Town of Washington, July 1st. 1802.
"Dr. Sir

"Some time since, a small detachment of Troops under the
"command of Lieutenant Williams was ordered to Washington,
"to assist in erecting a small Block-house, for the reception of
"some public arms, intended to be sold out to the Militia of this
"District. But before the work was completed, the detachment
"returned to Fort Adams to meet the new organization of the
"army.

"I hope, Sir, that the troops are now so arranged, that you
"can, without injury to the service, immediately detach a subal-
tern officer, and a party of men to this town, in order that the
"work may be completed, which Lieutenant Williams had com-
"menced.

"I will thank you to send with the detachment, the tools
"necessarily used in erecting a block-house: — I presume they
"may be spared from the Quarter Master's Store.

"The commanding officer at Fort Adams has heretofore been
"instructed, by the Secretary at War, to deliver to my order, three
"hundred stand of Muskets:- these arms have not yet been
"called for, because I had no safe place to deposit them; but for

470 MISSISSIPPI TERRITORIAL ARCHIVES.

"the immediate accommodation of some of the , Militia, I wish
"you would forward by the detachment sixty stand, and upon
"their arrival, I will enclose you a receipt for the same.
"With great respect,

" I am Sir,

yr. Hble: Servt.

"William C. C. Claiborne.
"Captn. Richard Sparks

"Commanding officer at Fort Adams."

To the Comptroller of the Treasury.

Copy of a letter from the Governor to the Comptroller of the
Treasury.

July 1st 1802 near Natchez;
"Sir

"I have the honor to enclose you the account of Saml. Postle-
"thwait & Co. for stationary furnished my office, during the last
"six months. The charges are such as are customary in this
"town ; & I have therefore paid the bill. If this account should be
"passed by the accounting officers of the Treasury, I will thank
"you to advise me thereof.

"With respect & Esteem

"yr. Hble Servt.

"William C. C Claiborne

"To the Comptroller of the Treasury "

The account of Mr. Postlethwait amounted to thirty seven
dollars.

To Richard Sparks.

"Near Natchez, July 6th— 1802.
'Sir

"In a late letter from the Vice-Consul of the United States
'at New Orleans, I am informed of the arrival, at that port, of

GOVERNOR WILLIAM C. C. CLAIBORNE. 471

"five hundred rifle guns, forwarded to him by the Secretary at
"War, with instructions to deliver them to my order.

"To save the expense of storage &c at New Orleans, and to
"enable me to dispose of those arms agreeably to the wishes of
"our Government, I am desirous that they should be speedily con-
"veyed to Natchez : but I believe it cannot well be done without
"your agency and assistance.

"Will you therefore be good enough to send a confidential
"non-commissioned officer and a few men, in a boat to New Or-
leans to receive the riffes, & convey them to Natchez. If the
"boat you may dispatch should not be sufficiently large to con-
tain all the arms, the balance may be be forwarded by some
"other opportunity.

"The enclosed letter to Mr. Hulings, you will be pleased to
"forward, accompanied with an order from you for the whole of
"the rifles, or such number as the boat can safely carry.
"With great respect,
"lam

"Sir
"yr. Hble. Servt.

"William C. C. Claiborne.
"Captn. R. Sparks

"Commanding officer at Fort Adams"

To William E. Huling.

Natchez, July 6th — 1802.
"Sir,

"This letter will be forwarded to you by the Commanding
"officer at Fort Adams, who sent a small command to New Or-
leans, to receive the goods lately shipped from Philadelphia, di-
rected to your care, and to be delivered to my order.

472 MISSISSIPPI TERRITORIAL ARCHIVES.

"I fear the boat which Captn. Sparks dispatches, will not
"be sufficiently large to convey the whole of the boxes of rifle
"guns: If so, I will thank you to deliver to the order of Captn.
"Sparks such number as you may suppose the boat can safely
"carry, and the balance you will be pleased to send on by some
"other conveyance. I have understood that a public Schooner,
"loaded with cloathing, is shortly expected at Fort Adams —
"Perhaps this vessel may call at Orleans, and it will be convenient
"for her to take in any remaining boxes. If so, a conveyance
"in that vessel will be preferred : but otherwise, I must solicit you
"to embrace some private opportunity.

"The costs which have accrued, on these goods, you will
"charge to the U. States ; or if you think proper, you may make
"the charge against me, and the amount shall be paid to your
"order.

"Your letter of the 12th. June, was received ; and answered on
"the 26th. of the same month

"I am

"Sir,

"very respectfully your Hble servt.

W. C. C. Claiborne

Mr. Hulings,

"Vice-Consul at N. Orleans"

To Officer Commanding at Fort Stoddert.

Copy of a letter from the Governor to the Commg. officer at
Fort Stothart.

"Natchez, July 10th— 1802.
"Sir,

"The bearer, Lewis Le Fleur,2 has in charge certain goods
"as specified in the receipt enclosed, which are sent by the U. S.
"to the Choctaw Indians.

1 Fort Stoddert was established at Ward's Bluff on the Mobile River
in July, 1799, and was named in honor of the acting Secretary of War.

2 A Canadian, Indian trader, married a Choctaw woman, father of Green-
wood Laflore, the Choctaw chief,

GOVERNOR WILLIAM C. C. CLAIBORNE. 473

"You will be pleased to have these goods safely deposited
"in Fort Stothart, & to deliver them to the order of the agent
"for the U. S. in the Choctaw Nation.

"I will thank you to furnish the agent with such assistance

"as he may need, to enable him to convey the goods up the Mobile

"river.

"I am

"Sir

"very respectfully

"yr. Hble:Servt:

"To the Commanding officer
at Fort Stothart."

W. C. C. Claiborne.

A Copy of Lewis Le Fleur's receipt —

Natchez, July 10th— 1802
Received from William C. C. Claiborne Governor of the Mis-
sissippi Territory, two bails, marked "Choctaw Annuity"; three
hogsheads, marked "U. S. Choctaw Indians" ; three boxes marked
"U. S. Choctaw Indians"; and one hogshead marked "Choctaw
Annuity;" containing goods for the Choctaw Indians, the whole
in good order, which I promise to deliver in like good order to the
commanding officer at Fort Stothart on the Mobile river, the
dangers of the Seas only excepted.

Louis Lefluar

A Copy of a Passport given to Louis Le Fleur.

William C. C. Claiborne Esqr Governor, and commander in
chief of the Mississippi Territory: These are to request his
Excellency the Governor of the Province of Louisiana and others
of his Catholic Majesty's subjects to let Louis Lefluar and two

474 MISSISSIPPI TERRITORIAL ARCHIVES.

other gentlemen who accompany him, citizens of the United
States, togehter with certain goods sent by the United States as
presents to the Choctaw nation of Indians, as per their several
marks, to wit; one hogshead marked "Choctaw Annuity;" three
hogsheads marked "U. S. Choctaw Indians" : and two large bales
marked "Choctaw Annuity", together with one sett of black-
smith's tools pass safely and freely without giving or permiting
to be given, any hindrance, but on the contrary affording to them
all aid and protection as we would in like cases do for those who
come recommended to this Government.

In testimony whereof we have delivered to him and them this
passport signed by my hand, and with the seal of the said Terri-
tory hereunto annexed.

Given this 10th. day of July Anno Domini 1802 and in the
27th — year of the Independence of the United States of America.
Signed

William C. C. Claiborne,
Governor of the Mississippi Territory.

To Gov. Claiborne from John Girault.

"Recess, near Huntston 29th July 1802
"Sir,

Various circumstances have induced me to resign to you the
"inclosed Commission (if it may be so called), the first and prin-
cipal of which is, the insertion of certain words in it, under
"which I have taken the liberty to draw a line of stress, and
"which rather astonished me when I first saw it ; I then accepted
"it on the firm belief of its being the uniform and general
"tenor you had adopted; but when at Court I saw the Commis-
"sions of the Justices, Sheriff, Coroner, and even of the Consta-
bles, and found them all divested of that type of distrust which
"is stamped on me alone, I did immediately determine to keep it

GOVERNOR WILLIAM C. C. CLAIBORNE. 475

"no longer time than would be necessary to make up the Judg-
ments, and arrange the business of the Court, which however I
"have not yet had time to do, but having declared to my friends
"that I would resign it immediately on being elected to represent
"them in General assembly (although the Constitution of our
"Territory is silent and does not make it incompatible) yet I
"hasten so to do.

"I am

"Sir,

"yr. mo : obdt. Hble servt.

"Jno: Girault.
"His Excellency

"The Governor."

To John Girault.

Jefferson Court House Augt. 4th 1802
Sir,

Your letter of the 29th. Ultimo was delivered to me this after-
noon.

It is a matter of no consequence to me what were the
circumstances which induced you to resign the office of Clerk to
Jefferson County Court; but since you have thought proper to
mention a reason, which you term the principal one, a desire
which I have always felt to remove erroneous impressions induces
me to state that the "Type of distrust" refered to was not
stamped upon you alone : The fact is, the words "during the pleas-
ure of the Governor for the time being," were inserted in most of
the Commissions which were issued at the commencement of my
administration: and among others, the expressions which have
given umbrage to you, were used in the Commission of the Sheriff
of Adams County, the Clerk of the Superior Court and the Atto'y-
General for Jefferson District.

476 MISSISSIPPI TERRITORIAL ARCHIVES.

I could proceed further in explanation, but I suppose enough
is said to answer my purpose: to wit; "The removal of an erro-
neous impression.

I shall in a few days appoint a successor to you; and in the
mean time I presume you will esteem it a duty to hold in charge
the Records and other papers belonging to your office.

I am

Sir,
yr. Hble: servt.

W. C. C. Claiborne
Colol Jno. Girault.

To Gov. Claiborne, from Henry Dearborn.

"War Department, June 7th— 1802
"Sir,

"General Wilkinson has received directions from this De-
partment to superintend the preambulating the boundary line
"between the Mississippi Territory and the Chocktaw nation, but
"as some doubts arises respecting this line, he will not proceed
"in the business unless the Chocktaws will first consent to accept
"of some reasonable sum to establish the line which was agreed
"on between their nation and the British Government, in a Treaty
"which was held some time before the Spanish Government came
"last into possession of the Floridas.1

Should General Wilkinson succeed with the Choctaws in ob-
taining their consent (and of which you will be informed) I
have to request that your Excellency will appoint some capable
person to assist him as a surveyor; and also to procure chain-
men, pack horses, provisions, and stores, on the most reasonable
terms. — Your Bills on this department for any expense which
you may incur in this business, will be accepted and paid on the
shortest notice.

•Treaty of March 2(5, 1765?

GOVERNOR WILLIAM C. C. CLAIBORNE. 477

The Government of the United States having concluded on
establishing a trading house for the accommodation of the Choc-
taws, goods to the amount of ten thousand dollars will be sent
by water for commencing the establishment. I will thank you to
inform me as soon as you can conveniently of the most elligible
situation for the factory to be established. As soon as a spot
is fixed upon measures will be taken for erecting suitable build-
ings for the store, & the residence of the Factor.1

A similar establishment on a smaller scale will be made at
the Chickasaw Bluffs for the accommodation of the Chickasaws.
Agents for superintending those factories will be sent out
from here in the course of the summer.
I have the honor to remain

With great respect

Your Excellency's
mo: obdt. Servt.

H. Dearborn

His Excellency

William C. C. Claiborne.

To Henry Dearborn.

Near Natchez, July 20th — 1802.
Sir,

I have received your letter of the 7th Ult. and will endeavour
faithfully to execute the duties you require of me.

I am persuaded that General Wilkinson will meet with no
difficulty in making with the Choctaw nation, the arrangement
you desire. The Choctaws are an humble people and very much
disposed to accommodate.

When General Wilkinson may be in readiness to proceed on
the line, I shall select a suitable person to assist him as a sur-

1 This policy was popular with the Indians, and caused them to assume
a friendly attitude.

478 MISSISSIPPI TERRITORIAL ARCHIVES.

veyor: and will provide chainmen, Pack-horses, provisions &
stores. It will be my care to obtain the necessary assistance and
supplies on the most moderate terms ; but the price of labor, and
of every thing else, is so enormous in this District, that I fear you
will suppose the terms extravagant.

I cannot at present give a decided opinion as to the most
elligible spot for the establishing "a trading house for the ac-
commodation of the Choctaws" ; but I am inclined to think that
some convenient Scite on the Tombigbee river near the mouth of
the Alabama would best answer the views of Government; But
upon this point I will consult our agent in the nation, and other
characters, and will write you more fully in a few weeks.

Since my last letter to you, I have been visited by Captn.
Sparks, the commanding officer at Fort Adams; and we have
selected an elligible spot for the erection of a Garrison. It is
situated on high commanding ground; in a healthy part of the
District, possessing the advantage of excellent spring water, near
the center of our population; and not more than six miles from
the Mississippi river But for more particular information 1
refer you to the enclosed draft and description of the scite.
— Mr. Calvit, the gentleman who owns the ground selected for
the Garrison, is at present from home, so that I cannot now learn
upon what terms a purchase of a few acres of land might be
effected : but I will venture an opinion that he will not ask more
than fifteen dollars per acre for 10 or 12 acres; and that for a
small consideration he would permit the timber necessary for
the works to be cut from his adjacent land: But on Mr. Calvit's
return, which will be in a few days, I will know his terms with
certainty and will advise you thereof.

A Lieutenant and thirty six men are at this time stationed
near this town, & engaged in erecting a small block-house for
the reception of the arms intended to be sold to the militia. At
my request, Captn. Sparks detached, a few days since a party
of men from Fort Adams to New Orleans for a part of the rifles

GOVERNOR WILLIAM C. C. CLAIBORNE. 479

which had arrived at that port, and the balance Mr. Hulings is
requested to forward to me by the first safe conveyance.

The prospect of organizing the militia is flattering: the dif-
ferent Counties are laid off into regiments, battalions and com-
pany Districts: the officers are all appointed, and the men en-
rolled: a great degree of rivalship exists between the different
corps : and I flatter myself that in a little time I shall have a well-
armed and a well disciplined militia.

I received, the other day, sixty stand of muskets from Fort
Adams. They have been heretofore used, and are not in good
order: I propose therefore to sell them at the moderate sum of
eight dollars apiece. At this reduced price I expect the militia
will speedily purchase them. But I find that the people here are
much prejudiced against muskets, and are unwilling to depend
upon any other arms but rifles.

About twelve days ago the Choctaw annuity for the year 1801,
together with the goods which I had lately received by the way
of New Orleans, were forwarded by water from Natchez to Fort
Stothart on the Mobile under the care of one Lefluar, a trader in
the nation. This man was sent to Natchez for the Choctaw an-
nuity by John McKee, the present acting agent among the Choc-
taws, who recommended him to me as an honest and industrious,
prudent man.

I requested the commanding officer at fort Stothart to receive
the goods & to deliver them to the order of the agent for the
United States in the Choctaw nation.

I have the honor to be
Sir,

with the greatest respect
yr. Hble: Servt.

William C. C. Claiborne

The Honble.

H. Dearborn,

Secretary at War.

480 MISSISSIPPI TERRITORIAL ARCHIVES.

To Henry Dearborn.

Near Natchez, Aug 6th. 1802.
Sir,

I have made enquiry as to the most elligible situation for a
trading house to supply the Choctaw Indians with such goods as
they may want; and am now decidedly of the opinion that some
position on the Tombigbee ought to be selected. A trading house
in that quarter might be regularly supplied with goods, from
the United States ; would be convenient to the great body of the
nation ; and would discourage the traffic trade, at present carried
on by the way of Mobile and Pensacola, which interferes con-
siderably with the arrangements of our Government, to introduce
the benefits of civilization among the Choctaws.

As the navigation of the Mobile Bay is not secured to the
United States it is possible that the Spanish officers in that quar-
ter might throw some impediments in the way of transporting
goods to the factory:1 But from the present friendly and accom-
modating disposition of the Governor General of Louisiana to-
wards the U. States, I do not anticipate much difficulty in this
point.

I am,

Sir,

very respectfully
yrs: &c.

The Honble. W. C. C. Claiborne

The Secretary of War.

To Henry Dearborn.

Copy of a letter from the Governor to the Secretary of War.

Near Natchez, August 6th — 1802.
Sir,

By the last mail I forwarded a draft of the scite selected
by the commanding officer at Fort Adams & myself for the erec-

1 This fear afterwards became real, when Spain sought to control trade
with the Choctaws.

GOVERNOR WILLIAM C. C. CLAIBORNE. 481

tion of a new Garrison : I now have the honor to enclose you the
copy of a letter from a Mr. Calvit to me, which will acquaint you
of the terms upon which ten acres of land, including the scite,
may be purchased.

The consideration per acre is not more than lands in the
neighbourhood will generally command; and when we take
into view the peculiar advantages of the ground, I am of opin-
ion that Mr. Calvit's terms are quite reasonable.

As the works progress the greatest economy shall be ob-
served ; and no unnecessary expense incured : and I am now well
assured that the aggregate cost will fall short of the sum I
heretofore stated to you.

If a company should be ordered from Fort Adams to assist
in erecting, and to occupy this Garrison, may I be permited to
ask of you the favor to direct, that Captn. Sparks be detached on
this command? Of his integrity, prudence, & patriotism, I have
the highest opinion; & believe him well calculated to take
charge of a seperate post.

The rifles from Orleans have not yet reached me; but I ex-
pect them every day. A small Block-house for the reception of
these arms is nearly completed.

In the course of this week I have reviewed the militia of
Jefferson & Adams Counties; and can assure you that the pros-
pect of having a well-trained & a well-armed militia, exceeds my
most sanguine expectations. — In the course of the ensuing week
I shall review the militia of two other counties ; and by the next
mail I hope shall be enabled to make you a return of the effect-
ive force of this Territory.

With great respect, & sincere esteem
I have the honor to be
yr: very Hble: servt.

W. C. C. Claiborne

The Honble

The Secretary at War.

482 MISSISSIPPI TERRITORIAL ARCHIVES.

To Samuel Mitchell.

Copy of a letter to the agent for the U. States in the Chick-
asaw Nation.

Near Natchez, August 15th. 1802
Sir,

Your letter of the 30th. Ultimo has been received. I am sorry
to hear of your indisposition; but I flatter myself your health
is by this time sufficiently restored to enable you to attend to your
official duties.

I am desirous to receive your quarterly report, in as much,
as I expect to learn from it, the present state of your agency and
to be particularly informed of the progress of civilization, among
the Chickasaws.

In a late letter from the Secretary at War, I am advised, that
it is in contemplation to establish, in the course of a few months,
a Trading house at the Chickasaw Bluffs for the accommodation
of the Chickasaw nation : but lest from some cause this establish-
ment should either be delayed or given up, you will only mention
it to the Indians as a probable event; or rather as an object con-
templated, and not as one determined upon.

I was taken this morning very unwell, and I am now so op-
pressed with a pain in my head, that I am compeled to conclude
this letter.

Make my respects to the Head men of the Nation, and particu-
larly to my acquaintances, the Mr. Colberts.1

I am

Sir,

very respectfully
yr. Hble: servt:

W. C. C. Claiborne.

Saml. Mitchell

Agent for the U.S. in the
Chickasaw Nation

heading halfbreed Chickasaw Chiefs.

GOVERNOR WILLIAM C. C. CLAIBORNE. 483

Treasury Warrant to James Ferrall.

On the 17th — day of August, the Governor issued the follow-
ing Treasury Warrant.

To Abner Green Esqr. Treasurer General for the
Mississippi Territory.
Sir,

You will pay to James Ferrall Esqr. out of any monies which
may be in the Treasury, two hundred and sixty eight dollars,
being the sum which is due him for printing the laws and for
so doing this instrument shall be your sufficient warrant.

Given under my hand & seal at the town of Washington this
17th— day of August 1802.

W. C. C. Claiborne [seal]

Governor of the Missis-
sippi Territory.

On the 1st — of may I issued a warrant in favor of Mr. Fer-
ral for one hundred and forty four dollars; I am informed by
Mr. Ferral that this warrant has been lost, the Treasurer there-
fore is instructed to refuse payment if it should ever be pre-
sented, since the amount has been included in the warrant I have
this day issued.

W . C. C. C.

To John Girault.

Town of Washington, August
17th— 1802.
Sir,

I have this day appointed Mr. Edward Turner Clerk of the
county Court for Jefferson County, and to this gentleman you
will be pleased to deliver all the records and papers belonging to
your late office.

484 MISSISSIPPI TERRITORIAL ARCHIVES.

Accept my best thanks for the faithful services you have
rendered to the public.
I am

Sir,

very respectfully
yr. Hble. servt.

W. C. C. Claiborne.
Colol. Girault.

To Gov. Claiborne, from Henry Dearborn.

Copy of a letter from the Secretary at War and the Governor's
answer.

War Department, June 11th— 1802
Sir,

Information has lately been received from John McKee late
agent to the Choctaw nation that a debt of considerable amount
was due from the Choctaws to the English house of Panton Les-
lie & Co. at Pensacola, and that they had proposed receiving from
them a tract of land in payment, provided the Government of
the United States would sanction the measure.

Mr. McKee appears to be highly in favour of the proposition,
as will appear by the following extract of his letter to this de-
partment of the 6th — Ultimo.

"I am not able to say whether the nation will agree to the contemplated
"cession, but I have little doubt of it, and I am certain they can never
"otherwise pay to the traders nor they to this house, the sums now due."

"As far as the house of Panton Leslie & Co. are interested in this ces-
"sion it would be but an act of justice to extend them such an indulgence,
"and would be only complying with a promise made by the Government
"thro' me in the summer of 1797 that they might reasonably look forward
"to such indulgencies as would greatly facilitate the effectual and prompt
"collection of their debts within our Indian nations."

I cannot tell upon what authority such a promise was made
by Mr. McKee on the part of the Government, as it was entirely
out of the line of his duty and cannot be considered as in any

GOVERNOR WILLIAM C. C. CLAIBORNE. 485

manner binding ; he ought to have known that no such agreement
could be made without the consent of the Government first
had and obtained; he ought to have been aware of the extreme
impropriety of permiting foreigners to possess a large tract of
country among any of our Indian nations.

I will thank you to have such enquiries made thro' Mr. Dins-
moor as will lead to an understanding of the outlines, on which
the proposed bargain for the lands was to be made, and to a
knowledge of the sum which is due from the nation to the house
of Panton Leslie & Co. and which was to be canceled by the pro-
posed cession; and the quantity of land which could probably
be obtained.

If a tract of land on the navigable waters of the Alabama or
Tombigby could be obtained, which would be worthy the atten-
tion of Government, it is possible that congress might think
proper to authorize the President to accept it on behalf of the
United States and pay the debts.

The President is willing that those claims should be paid;
but it will be remembered that the Government of the United
States are not in any manner obligated to indemnify any person
or persons who may on their own account carry on trade with the
Indian nations within their limits.

I have the honor to remain
yr. Excellency's

mo: ob: servt.

H. Dearborn

His Excellency

W. C. C. Claiborne.

To Henry Dearborn.

Near Natchez, August 19th. 1802.
Sir,

Your letter of the 11th — of June was duly received.

I have heretofore understood that the Choctaw Indians were
Greatly in debt to the house of Penton Leslie & Co. of Pensacola

486 MISSISSIPPI TERRITORIAL ARCHIVES.

and that they (the Choctaws) were desirous to sell certain lands
to enable them to meet their engagements. A letter from a Mr.
Callier to me upon this subject, I enclosed to you several mails
ago, but on the arrival of Mr. Dinsmoor in the nation I will
endeavor to obtain more particular information, and will advise
you thereof.

The proposition of Panton Leslie & Co. to receive in payment
from the Choctaws a tract of land, is indeed unreasonable. These
gentlemen have been sufficintly indulged, in being permited to
trade with the Indians within our limits; and I am persuaded
it would be good policy to withdraw this indulgence for the
future. The trading house which our Government contemplates
establishing will be sufficient for the accommodation of the Choc-
taws, & I see no reason why foreignors should be encouraged to
become our rivals.

In a letter from Lieutenant Schuyler commanding at Fort
Stoddert, I am informed that the Indian Goods which were comm-
ited by me to the care of Louis Lefluar, had arrived at that
place, were safely deposited, and would be delivered to the order
of the agent for the Choctaw nation.

General Wilkinson writes me that he expects to reach the
Choctaws in the month of September to make arrangements for
retracing & marking the old line of limits.

I was in hopes that I should have been enabled to make you
a general militia return by this mail; but owing to the neglect
of some of the officers, the returns from the different counties
are yet incomplete.

With great respect & sincere esteem,
I have the honor to be

yr. very Hb : servt.

W. C. C. Claiborne.

The Honble

The Secretary of War.

GOVERNOR WILLIAM C. C. CLAIBORNE. 487

To James Madison.

Natchez, August 19th —1802.
Sir,

In a former letter I stated to you the want of confidence on
the part of many of the Citizens of this Territory in their Su-
preme Judiciary; the deficiency of legal talents in two of the
Judges; and the propriety there was, in supplying the first va-
cancy with a character of good law information.

It is now reported that Judge Tilton has resigned; — of the
truth of this report, you can best determine.

But there is another report which I believe more certain,
"That this gentleman has gone to Europe on some Commercial
business." He is said to have sailed from New Orleans, about
two months ago, in a vessel bound to Liverpool. I thought it my
duty to state this report, since it may be made a question how
far this conduct on the part of a Judge (unless his voyage had
been previously sanctioned by Government) ought to be con-
sidered as an abandonment of office.

In January or February last, Mr. Tilton left Natchez, and
has been attending to his private business, at Orleans until his
late departure from that Port.

If Judge Tilton's office should be vacant, permit me to rec-
ommend as his successor a Mr. David Ker1 of this Territory ; Mr.
Ker is an able lawyer & an amiable man; he unites to pure re-
publicanism, pre-eminent talents and would, in my opinion, fill
the office of Judge with dignity to himself & usefulness to his
country.

Colol. Steele's Commission as Secretary for this Territory, ex-
pired on the 7th — of May last ; since which he has not considered
himself bound to transact any public business.

I am at much loss for a secretary, and must beg that an ap-
pointment of one be speedily made. I will not venture to recom-

1 Founder of the University of North Carolina, was appointed a judge
of the Mississippi Territorial Court November 2, 1802.

488 MISSISSIPPI TERRITORIAL ARCHIVES.

mend any particular character for the office, being well assured
that any gentleman selected by the President, will discharge his
duty with ability and fidelity.

Accept assurances of my great respect, & sincere esteem,
I have the honor to be
Sir,
yr. mo : obdt. Hble. servt.

W. C. C. Claiborne.
The Honble,

James Maddison,
Secretary of State.

To John Pitchylynn Interpreter for Choctaws.1

Near Natchez, August 22d 1802.
Sir,

Your letter of the first Instant I received a few days since;
and I am much pleased, with your zealous and active exertions in
the recovery of Mr. Brackin's property.

The conduct of the chiefs on this occasion is highly satis-
factory, & I wish you to say to them that they possess my esteem
& confidence.

It is true there are ill-disposed men in all nations, and that
mischief from such persons cannot at all times be prevented.
But when a man commits an offence, and is punished for it, he
will take care not to do so again, and others will be detered
from following his example, for fear they may receive a similar
punishment. This is the reason why the white men punish their
bad men with such severity; and I wish you to enforce upon the
Chiefs the propriety of their adopting a similar policy.

1 The son of an English officer who died in the Choctaw Nation. He
was adopted by the tribe, married among them, and was very influential.

GOVERNOR WILLIAM C. C. CLAIBORNE. 489

I have written to the Secretary at War upon the subject of
your claim j1 and so soon as I receive an answer, will advise you
thereof.

I have enclosed you a letter from General Wilkinson to Mr.
Dinsmoor on public service ; — If this gentleman should not have
reached the nation, you will open the letter and attend to its con-
tents.
I am,

Sir,

very respectfully &c.

W. C. C. Claiborne.
John Pitchleym

Interpreter

Choctaw Nation —

To the Governor from Wm. E. Ruling.

New Orleans, 23d. July 1802.
Sir,

In compliance with your Excellency's letter of the 6th- Inst;
I have delivered to Serjeant Parsons, who is sent by Captn.
Sparks, sixteen boxes of rifle guns which by the marks on the
ends appear to contain, one hundred & sixty one guns.

The remainder I will endeavour to put on board the public
schooner you speak of when she arrives. We have nothing of her
yet.

As the expenses on the guns will be but a trifle and as I had no
account open with the U. S. when the remainder are shipped, I
will draw on you for the amount.

We are in much suspense respecting our political destiny.2 It
appears to be the wish of the majority of the men of property,
to remain as we are. — We have received letters from Philada.

1 For services as interpreter.
2Transfer from Spain to France.

490 MISSISSIPPI TERRITORIAL ARCHIVES.

By the Brig Sophia, as late as the 25th. May ; they contain noth-
ing important, except the information that the Treaty of Madrid
is made null and void. — Our city is as healthy as I have ever
known it at this season.
I am,

Sir,

With due respect
Yr. mo : obdt : servt. &c

Wm. E. Hulings.

His Excelly.

Governor Claiborne

To Gov. Claiborne, from P. P. Schuyler.1

Fort Stoddert 1st— Augt. 1802.
Sir,

The annuity for the Choctaw nation forwarded under charge
of Louis Lefluar, reached here this morning. I have compared
the Hogsheads, Boxes &c. with the receipt of Lefluar, & find they
agree

I shall, in conformity with your request, give every assistance
in my power to the agent conveying the goods up the river.
I have the honor to be

Sir,
with respect

yr. ob: servt.

P. P. Schuyler Lt.

Comm,g —
His Excly.

Governor Claiborne.

1 Peter Philip Schuyler, New York, Capt. U. S. A., December 20, 1803,
second treasurer of the State of Mississippi.

GOVERNOR WILLIAM C. C. CLAIBORNE. 491

To Daniel Burnett.

Copy of a letter from the Governor to Colol. Daniel Burnett.

Washington, August 22d. 1802.
Sir,

Mr McCaleb handed me your letter of the 21st — Inst. I am
much pleased with this young man, and think him well calculated
for an officer.

I will appoint a successor to the Ensign who declined, so
soon as I can select a suitable character. Will you consult with
the Captain of the Company? and if you & him can agree upon
a proper person, you will be pleased to mention his name to me
without delay.

Accept my best wishes.
I am,
Sir,

very respectfully
yr. Hb : servt.

W. C. C. Claiborne
Colol. Danl. Burnett

To Henry Dearborn.

Near Natchez August 22d. 1802
Sir

John Pitchlynn an Interpreter for the Choctaw Nation of
Indians, has a claim against the United States, which he is de-
sirous to have settled.

It seems that in the year 1786 at the treaty at Hopewell,1 Mr.
Pitchlynn was appointed as Interpreter for the chactaw Indians
by the American Commissioners, and that he acted under this
appointment in that capacity, until the year '92, when he received

January 3, 1786.

492 MISSISSIPPI TERRITORIAL ARCHIVES.

a new Commission as Interpreter from William Blount at that
time Governor of the South Western Territory and superinten-
dent of Indian affairs.

Pitchlynn claimed three hundred Dollars pr. annum for his
services from the year '86 to the year '92, but his account not
being allowed by the proper accounting officers, he petitioned
Congress upon the subject, in the year '99, and if my memory
serves me right, his claim was admitted by the House of Repre-
sentatives.

Mr. Simmons the accountant of War, can give you particular
information as to Pitchlynns claim, and to him I beg leave to
refer you; Pitchlynn is a useful man among the Choctaws, very
faithful to the American Interest, and I wish him to be convinced
of the Disposition of the Government to admit any of his Just
demands.

May I be permitted therefore to solicit you, to make enquiry
into this Man's claim and to Inform me, in what situation, it at
present stands.

With great esteem and Respect,
I am Sir,

your mo. obt. Hble sert.
(Signed)

William C. C. Claiborne

Henry Dearborn

Secretary of War.

To Henry Dearborn.

Near Natchez September 1st. 1802
Sir;

In my Letter of the 29th of June, I mentioned a Robbery,
which had recently been committed by some of the chactaw In-
dians, and of the measures I had taken to obtain redress.

GOVERNOR WILLIAM C. C. CLAIBORNE. 493

I now have the pleasure to inform you, that the property-
taken has been restored and that the chiefs are disposed to dis-
countenance any further outrages as appears from the enclosed
Letters to me, from John Pitchlynn the Interpreter among the
Chactaws and Andrew Brackin the person robbed.

I do not know what has become of Mr. Dinsmoor, his presence
in the nation, is at this time desirable; — It is reported that
Dinsmoor has been mortally wounded in a Duel with a Gentle-
man in Tennessee, but I hope the report is without foundation.
With sentiments the most respectful
I am Sir

your mo : obt. hble. servt.
(Signed)

William C. C. Claiborne
The Honble

Henry Dearborn
Secy, of War

To Gideon Grainger, Postmaster General.
Copy of a Letter from the Governor to the Postmaster General

Near Natchez September 6th 1802
Sir,

I have been requested by a number of respectable Citizens,
who feel much interested in the subject, to solicit you to establish
a Post office at the Town of Greenville in this Territory.

Greenville is a flourishing little village about 28 miles distant
from Natchez, and immediately on the Post road to Tennessee ; —
It is situated in the Neighbourhood of a compact, populous and
Wealthy settlement, is the County Town for Jefferson County,
and the place of holding the Superior Court for Jefferson Dis-
trict.

494 MISSISSIPPI TERRITORIAL ARCHIVES.

If the Establishment solicited, should be made, permit me to
mention Doctor John Shaw1 who resides in Greenville, as a proper
person to be appointed Post Master, he is an honest, well in-
formed American who I sincerely believe, will remain faithful
to his Country, and to any trust that may be reposed in him.
With great respect & sincere esteem
I have the Honour to be

Your mo : obt. hble servt.
(Signed)

William C. C. Claiborne
The Honble—

Gideon Grainger

To Peter Walker, Clerk of Adams County Court.

Town of Washington thursday September

9th 1802—
Sir

On tuesday or Wednesday next, I shall appoint a successor
to you, as Clerk of the County Court for Adams County, and I
have given you this Information, in order that you may be pre-
pared by that time, to deliver the papers of your office, to the Gen-
tleman who may be Commissioned.
I am Sir,

very respectfully

your Hble. Servt.
(Signed)

William C. C. Claiborne.
Peter Walker Esq. Clerk of Adams County Court.

'A member of the Constitutional Convention of 1817.

GOVERNOR WILLIAM C. C. CLAIBORNE. 495

To Samuel Brooks, Esq., Chairman of Adams County Court.

Copy of a letter from the Governor to Samuel Brooks chair-
man of Adams County Court.

Washington September 9th — 1802
Sir

I find that the people of this Company District have not been
called upon for a return of their taxable property, and I believe,
the delay has arisen from the Circumstance, that the duty of re-
ceiving, the tax List in this quarter, was committed to Mr. Wil-
liam Vousdan lately deceased —

Will you be good enough to enquire into this matter, at the
Clerk's office, and if you find that Mr. Vousdan was appointed
by this Court, it will be proper to nominate a successor and by the
Law three Justices are empowered to do so.

Mr. James Nelson of this Town is an acting Justice, and
very capable of discharging any duty appertaining to that office
I am sir

Very respectfully

Your Hble Servt.
(Signed)

William C. C. Claiborne
Samuel Brooks Esq.

Chairman of Adams County Court.

To John Caller.

Near Natchez sepr- 9th 1802
Sir

I some time since, enclosed under cover to you, Commissions
for several Gentlemen who had been recommended to me, as fit
Persons, to be appointed Captains and subalterns in the 3rd
Regiment of Militia.

496 MISSISSIPPI TERRITORIAL ARCHIVES.

If the Commissions have reached you, I have no doubt, but
they have been distributed, and I flatter myself the Gentle-
men appointed, have entered upon their duty, and that there
exists a favorable prospect of Organizing the Militia in your
County.

I had promised myself the pleasure of visiting Washington
District the present fall, but am prevented by my (necessary)
personal attention to some publick business in this quarter of
the Territory.

I am desirous to learn the extent of Territory in Washington
District, to which the Indian claim has been extinguished, and
the supposed quantity and quality of vacant Land. Any infor-
mation which you can give me on this subject will be thankfully
received.

I shall be happy to hear from you on the return of Judge
Lewis.1

Accept my best Wishes,

I am Sir, very respectfully

Your Hble Servt —
(Signed)

William C. C. Claiborne

To Nathaniel Christmas.

Near Natchez September 9th 1802
Dear Sir,

I should have been happy, to have visited Washington County,
the present fall, and had promised myself that pleasure, but I
am prevented from necessary attendance in this Quarter of the
Territory on some Publick Business

I shall esteem it a favour, if you would furnish me, with the
best information you can obtain as to the extent of Territory on

1 Judge Lewis held the territorial court for Washington District.

GOVERNOR WILLIAM C. C. CLAIBORNE. 497

the Mobile, to which the Indian Claim has been extinguished, and
the supposed Quantity and Quality of the vacant Land.

On the return of Judge Lewis I shall expect to receive your
answer.

Accept my best wishes.
I am Sir
Very respectfully

your Hble Serv —

William C. C. Claiborne—

To Richard Lee, Clerk of Washington County.

Near Natchez, September 10th — 1802
Sir,

I have enclosed you, several Hand Bills, addressed to the
Claimants of Land, within the Mississippi Territory, and I will
thank you, to have them posted up, at the most Publick places in
your County.

The Claims to be filed, I would wish to be drawn upon sepa-
rate pieces of paper, with the name of the Claimants annexed,
and as they are delivered to you, it is proper, to Class them under
their several Heads, in manner following — to-wit —

Letters on the twenty seventh day of October one thousand
seven hundred and ninety five holding under British Grants.

Letters on the twenty seventh day of October one thousand
seven hundred and ninety five Claiming by any actual survey
or settlement, made under the act of Georgia, commonly called
the Bourbon Act.

The different Claims being placed into different packets, may
be put up in one bundle and Labeled "Claims falling under the
second article of the Agreement between the U. States and
Georgia

498 MISSISSIPPI TERRITORIAL ARCHIVES.

With respect to the other species of Claims mentioned in the
Hand Bill, you will be pleased as they are delivered to Class them
in the same regular manner under their different heads and they
may be put in a bundle, to be labelled

"Claims not falling under the Guaranty of the second Article
"of Agreement."

By the first opportunity after the first of November, you will
be pleased to forward to me, the Claims which have been filed.

I am aware that this business, will be attended with much
trouble, but after the duty is performed, I shall ask permission
of the Secretary of State, to make you some compensation, for
your personal services.

As to the manner of Drawing up the Claims, the Hand bill,
will be the best guide. The Source from whence the Claim
arose, and the dates of the Titles must be particularly noticed,
and where actual settlements strengthen the Claim, the period
when the settlement was made must be stated.

I am Sir very respectfully

Your Ob1^- Servi^-

(Signed) William C. C. Claiborne.

To the Governor, from James Madison.

Department of State July 26th. 1802
Sir;

Herewith enclosed is a copy of the agreement entered into
on the 24th of April last between the Commissioners of the part
of the United States, and those on the part of Georgia,1 duly au-
thorized for that purpose, which agreement was ratified by the
Legislature of that State on the 16th of June last.

1 United States Commissioners, James Madison, Albert Gallatin, Levi
Lincoln. Commissioners for Georgia, James Jackson, Abraham Baldwin,
John Milledge.

GOVERNOR WILLIAM C. C. CLAIBORNE. 499

According to the Act of Congress of May 10th 1800 the Com-
missioners of the United States authorized to settle the terms
of a Compromise with the State of Georgia, are further author-
ized to enquire into the Claims which are or shall be made by set-
tlers or any other persons whatever, to any part of the Land, in
Question ; and to receive from the Claimant, propositions of Com-
promise, and lay a full statement of the Claim, and propositions,
together with the opinion of the Commissioners thereon before
Congress, for their decision.

Of the Claims to be made, a part is denned and recognized in
the 2d Article of the Agreement, under the Head of grants legally
Executed to actual settlers within the Territory ceded to the
United States prior to the 27th Octr- 1795 by the former British
Government of West Florida or by the Government of Spain;
and under the head of Claims derived from any actual survey or
settlement made under the Law of Georgia passed Feby. 7 —
1785, entitled "An Act for laying out a District situate on the
river Mississippi and within the bounds of the State into a
County to be called Bourbon" An extract from this Act is also
herewith inclosed.

To enable the Commissioners to make the proper report to
Congress on this part of the subject, you are requested to furnish
them with the best information you can obtain ; first with respect
to the extent of Territory both on the Mississippi and the
Mobille, which has been relinquished by the Indians: secondly
with respect to the claims recognized by the second article of the
agreement with Georgia. To make this last Information as ac-
curate and full as possible, It may be well, to invite the Claimants
by Public advertisement to file prior to the first of November
before the proper County Officers, the particular authority and
extent of their respective claims and the Chain of tittle derived to
the present Claimant, from the original tittle; The Commission-
ers hope that you will be able to state to them particularly the
manner in which grants were made and completed under both
the British and Spanish Governments; this information being

500 MISSISSIPPI TERRITORIAL ARCHIVES.

necessary for the use of Congress in carrying the 2d Article of
the agreement into due effect. Should it be found impossible to
render the Information on these points Complete, you will not-
withstanding be pleased to forward the best you can collect.

The other Claims to be enquired into and and which tho' not
recognized, fall within the report to be made to Congress, are
first, and principally, such as are grounded on alledged grants of
Georgia subsequent to the Bourbon County Act. With respect to
these claims, it is not desired that you should make any public
call for information; but you will oblige the Commissioners by
enquiring and communicating what or whether any steps have
been taken in behalf of the Claiming Companies towards settling,
selling out, or surveying any part of the Land ; and particularly
whether any tract is now actually occupied by any of these Claim-
ants secondly, Claims if any, derived under the French Govern-
ment previous to the peace of 1763. Thirdly. Claims derived
under the British and Spanish Governments previous to the
treaty of 1795; but unaccompanied by actual settlement at the
date of the Treaty. Fourthly. Claims derived under the Span-
ish Government by grants made subsequent to the Spanish Treaty
of 1795. Fifthly. . Claims founded on the 3d section of the
Bourbon County Act of Georgia. The four last descriptions of
Claimants may also be publicly invited to give a statement of
their respective claims by the first of November that they may be
transmitted by you in due time with the others. It is proper
that the Claimants in these cases should be aware, that their
Claims not being included in the guaranty of the 2d Article of
the compromise with Georgia, the Consideration of them by Con-
gress will be barred by the 3d Article after the period of one year
from the assent of Georgia to the instruments of Compromise.

In calling for the information wished from the Claimants,
not included in the guaranty, it will occur to you as proper to
use a language neither committing the Government on one hand,
nor damping expectations too much on the other. It being un-
certain what degree of strictness or liberality may be exercised

GOVERNOR WILLIAM C. C. CLAIBORNE. 501

by Congress, the present measure must be limited to the Col-
lection of such information as may enlighten or influence their
decision. With this view, you cannot be too particular in ex-
plaining the nature and extent of the several classes of Claims,
to which may be usefully added, the number of persons who will
be affected by the decision on each Class. It may be satisfac-
tory also to know the General sentiments and expectations pre-
vailing in the Territory on this subject.

Should there be claims of any sort within the Territory which
have escaped the above enumerations, you will oblige the Com-
missioners by adding a particular account of them, as well by
communicating your estimates of the General extent of Terri-
tory not claimed by the Indians, of the aggregate quantity of
Land Covered by claims under the 2d article of the Compromise,
and the like aggregate of all other claims.

It need not be suggested to you that where records of claims
exist, suitable extracts from them will be proper nor that it will
be expedient to complete and transmit your communications with
as little delay as possible

It only remains for me to ask your excuse for the heavy task
which is imposed on you, and to assure you of the great respect
& esteem

With which I have the

honor to be, Sir, your ob. Servt.

(Signed) James Madison

Governor Claiborne

To James Madison.

Mississippi Territory Town of Washington,

September 12. 1802
Sir

On the 8th Instant, I had the honor to receive your Commu-
nication of the 20th of July, and on the next day, I published a

502 MISSISSIPPI TERRITORIAL ARCHIVES.

hand Bill, addressed "to persons Claiming Lands within the Mis-
sissippi Territory, and of which the enclosed is a Copy. —

In my publication, I have endeavored to comply literally with
your instructions, and I trust the Language which is used, can-
not be construed "as Committing the Government on one hand,
or damping expectations, too much on the other."

There exist a variety of Tittles for Land in this Territory,
and I fear, it will not be in my power, to detail them with accu-
racy, but I shall carefully collect the best information, within
my reach, and will make a General Communication to you, on
the subject early in November.

I find that some designing men are endeavouring to impress
upon the Citizens an opinion, that the filing of their Claims
will be injurious to them; I do not yet know how far they
may succeed ; It is however probable, that they may excite some
alarm, and prevent a General return of Claims.

Under cover of a letter, which I addressed to you, on the
20th of January last was enclosed a Communication made to
me, by Mr. Harding, at that time, the Attorney General for
this District, stating the situation of some Claims for Land:
A Copy of Mr. Harding's Communication having been mislaid
in my office, I will thank you to furnish me with one from your
files.

With great respect and
Esteem

I am Sir

your most obt. Servt.

(Signed) William C. C. Claiborne

The Honble — James Madison
Secy of State

GOVERNOR WILLIAM C. C. CLAIBORNE. 503

Hand Bill.

PERSONS CLAIMING LANDS

within the

MISSISSIPPI TERRITORY.—

The agreement for an amicable settlement of limits with the
State of Georgia, which was entered into on the twenty-fourth
day of April last, between the Commissioners of the part of the
United States, and those on the part of Georgia, duly authorized
for that purpose ; and in which agreement, Georgia has ceded to
the United (States) all her title and claim to the Jurisdiction &
soil of the Lands situated in the Mississippi Territory, was rati-
fied by the Legislature of that State, on the sixteenth day of
June last. —

By the second article of the aforesaid agreement it is de-
clared— "That all persons who, on the twenty seventh day of
October, one thousand, seven hundred and ninety five, were
actual settlers within the territory thus ceded, shall be Con-
firmed in all the grants, Legally and fully executed prior to that
day, by the former British Government of West Florida, or
by the Governor of Spain, and in the Claims, which may be
derived from any actual survey or settlement, made under the
Acts of the State of Georgia, entitled "An Act for laying out
a district of Land, situate on the River Mississippi, and within
the bounds of this State into a County to be called Bourbon,"
passed the seventh day of February, one thousand, seven hun-
dred and Eighty five.

The undersigned has been directed to furnish the department
of State, with the best information he can obtain, as to the
extent of the claims recognized in the said article of agreement
with Georgia. And to enable him to render his information
upon this subject as accurate and full as possible, he is instructed

504 MISSISSIPPI TERRITORIAL ARCHIVES.

to invite the Claimants falling under the article aforesaid, to
file prior to the first day of November next, in the office of the
Clerk of the County Court, in which the land claimed is situated,
the particular authority and extent of their respective claims,
and the chain of title, derived to the present Claimant from the
Original title; taking care to note particularly their dates.

The Clerks will be directed to give due attendance at their
offices, until the day above mentioned; and it is hoped, that
the Claimants whose Interest is so immediately involved, will
punctually attend to this invitation.

There are other Claims for Land in this Territory, which
the undersigned has also been instructed to enquire into and
report the same, to the department of State, among which are : —

First. The claims (if any) derived under the French Gov-
ernment, previous to the peace of seventeen hundred and sixty
three.

Second. Claims derived under the British and Spanish Gov-
ernment previous to the twenty-seventh day of October, one thou-
sand, seven hundred and ninety five, but unaccompanied by
actual settlement at that period.

Third. Claims derived under the Spanish Government sub-
sequent to the Spanish treaty of one thousand seven hundred
and ninety five.

Fourth. Claims founded on the third section of the Act of
Georgia, commonly called the Bourbon Act, and not accompanied
by actual survey or settlement prior to the twenty seventh day of
October one thousand seven hundred and ninety five and which
said third section is hereunto annexed.

The Claimants, in these cases, are also requested to file with
the Clerk of the County, where the land is situated, a particular
statement of the nature and extent of their Claims, by the first
day of November next, and they shall be transmitted with the
others to the department of State. As those descriptions of
Claims are not included in the guaranty of the second article of
the Compromise with Georgia, the Consideration of them by

GOVERNOR WILLIAM C. C. CLAIBORNE. 505

Congress, will be barred by the third article after the period of
one year from the assent of Georgia to the Instrument of com-
promise; It is therefore highly necessary, that the persons in-
terested, should without delay, make known their Claims, in
order that the same may be reported to the Government.

Those persons who may be at a loss for the form of stating
the Claims to be filed, may receive information, upon application
to the respective Clerks.

(Signed), William C. C. Claiborne

Town of Washington September 9th 1802

Section 3rd — of Bourbon County Act.

Extract from an Act, entitled, "An Act for laying out a dis-
trict of land situate on the River Mississippi, and within the
Limits of this State, into a County to be called Bourbon.

Sectn — 3d And whereas it will not be proper at present, to
open a land office, for the purpose of granting out the lands in
the said County, but nevertheless it is hereby enacted and de-
clared, that whenever that measure shall be determined upon
by this or a future Legislature, there shall be right of prefer-
ence, agreeable to the Laws of this State, reserved to any, all,
and any honest and friendly possessor and possessors of the said
Lands, who shall be citizens of either of the United States, or
the subjects of any power that was friendly to the United States,
during the war: Provided such persons do actually live on and
cultivate the said lands, or a part thereof, and shall apply and
present themselves on equal terms with other petitioners.

506 MISSISSIPPI TERRITORIAL ARCHIVES.

To Peter Walker,

Copy of a Letter from the Governor to Peter Walker Esquire.

Town of Washington
September 14th 1802
Sir,

Mr. David Ker being appointed your successor as Clerk of
Adams County Court, you will be pleased to deliver to him, all
the Records and papers belonging to that office.
Accept my thanks for the
faithful services you have
rendered the publick. —

I am sir with respect, your
most obt. Servt

William C. C. Claiborne
Peter Walker Esq.

To James Hoggatt.

Natchez September 15th 1802
Sir,

Upon your application, Captain Claiborne1 will deliver to you,
twenty two Rifle Guns, which I wish you to dispose of to such
of the Militia in your neighbourhood, as may be in want of
Arms upon the following Conditions — 1st Every Citizen ap-
plying for a Rifle, must produce a certificate in writing from his
Captain, that he is regularly enrolled in his Company and is
in want of Arms.

2d The Certificate being satisfactory the applicant for a
Rifle, must pay for the same fourteen Dollars, in cash, or he must
give his note (with his Captain as security) to the Governor of

1 F. L. Claiborne, brother of the Governor.

GOVERNOR WILLIAM C. C. CLAIBORNE. 507

the Mississippi Territory for fourteen dollars to be paid in cash,
or in Cotton delivered at Hoggatt's Gin, at cash price, on or
before the first day of February 1802.

The certificates which may be received you will be pleased
carefully to preserve.

Accept my best wishes
I am Sir

Very respectfully

Your obt. Servt.

William C. C. Claiborne
Capt. James Hoggatt

To Gov. Claiborne from Henry Dearborn.

War Department
28th July 1802
Sir

I have the honor to inform your Excellency that Mr Thomas
Peterkin has been appointed Factor for the United States at
Chickasaw Bluffs, and will immediately proceed to the place of
his destination. I assure myself that you will afford him such
advice and assistance (on his application) as ciraumstances or
situation may render proper and necessary.

Accept Sir, the assurances of my high Consideration
(Signed)

H. Dearborn
His Excellency Gov. Claiborne.

508 MISSISSIPPI TERRITORIAL ARCHIVES.

To Henry Dearborn.
Copy of a Letter from the Governor to the Secretary of War.

Mississippi Territory

Town of Washington September 17 1802
Sir

I have the honor to enclose you "A General abstract of the
"number and strength of the Militia of the Mississippi Territory
"as taken from the several Inspection Returns for the month
"of August 1802," — You will discover that many of the privates
are yet unarmed, but I flatter myself, this Inconvenience will
soon be remedied — The Rifles (which were sent me) are in high
Estimation among the Militia, and the probability is, they will
all be sold, upon the conditions, I have prescribed, which are
as Follows: —

First Every Citizen applying for a Rifle, must produce a
Certificate in writing from his Captain, stating that he is regu-
larly inrolled on his Company, and in want of Arms.

Second: The Certificate being satisfactory, the applicant for
a Rifle, must pay for the same, fourteen Dollars in cash, or he
must give his note for that sum (with his captain as security)
to the Governor of the Territory, to be paid in Money or in
cotton, at cash price, on or before the first day of February next.

Upon these conditions I suppose the Rifles will speedily be
disposed of to the Militia.

I fear the price is too much reduced to remunerate the United
States, the Original cost, but I found it necessary to fix upon a
low price, to induce the Citizens to purchase.

As to the Muskets, they are in no demand among the Citizen
Soldiers, and I cannot persuade them of their utility — I have re-
ceived from New Orleans 163 Rifle Guns, and about 100 stand of
Muskets, from Fort Adams, which are at present deposited in a
small Block House near the Town of Washington; The Balance
of the Rifles, will be conveyed to me from New Orleans by the
first opportunity.

GOVERNOR WILLIAM C. C. CLAIBORNE. 509

In looking over the Militia return you will discover, that a
Brigadier General is wanting to complete the Establishment, and
I will thank you to mention to the President of the United States,
the propriety of appointing this officer.

The Brigade is at present commanded, by Colonel Benajah
Osmun of the first Regiment of the Mississippi Militia, and I
must ask the liberty, to recommend this Gentleman, for the ap-
pointment of Brigadier General; he is an honest man, and a
valuable officer, was a Captain in the New Jersey line, during the
Revolutionary War, and served with reputation, and from his
military experience and Great Zeal for the good of the service,
I have already received from him, much assistance in Organizing
the Militia.

Your Letter of the 28th of July, announcing the appointment
of Mr- Peterkin, as Factor for the United States, at the Chicka-
saw Bluffs, I have had the honor to receive, and I shall with
promptitude and pleasure give to Mr Peterkin "such advice and
assistance on his application as circumstances or situation may
render necessary and proper."

The Report of Mr. Dinsmore's misfortune which I mentioned
to you in my last in confirmed — It seems he was wounded in a
Duel, at the mouth of Bear Creek by a Captain Johnson of the
Army, and by the last account, his life was dispaired of :

Accept Sir assurances of my

Respectful Consideration

William C. C. Claiborne
The Honble—

H. Dearborn

510 MISSISSIPPI TERRITORIAL ARCHIVES.

To Mathew Tierney.1

Town of Washington September

19th 1802
Sir

Twelve or fourteen days ago, I addressed you a Letter in
which you were invited to attend at my House on Business of
some importance — From your delay in coming down the proba-
bility is that My Letter has miscarried, and I find myself under
the necessity of dispaching a special Messenger to your House.

The enclosed packet contains thirty hand Bills, addressed to
the Claimants of Land in this Territory, and your Instructions,
which are also herewith forwarded, will point out to you, the part
I wish you to act.

I am aware that the task imposed upon you, will prove trou-
blesome, but I am certain you will execute it with fidelity.
With great respect and regard
I am Sir

Your Hble servt

William C. C. Claiborne

Instructions to Clerks of County Courts.

The following-
Instructions were given by the Governor to
the Clerk of each County Court within the Mississippi Territory

1 Your are furnished with thirty Hand Bills, addressed to
"Persons Claiming Lands within the Mississippi Territory"
which you will have posted up, at the most publick places in your
County.

2d You will let it be known, where your office will be kept,
and you will attend yourself at the office, or have some person

1 Clerk of Claiborne County.

the rr^

GOVERNOR WILLIAM C. C. CLAIBORNE. 511

there to act for you, Every day, Sundays excepted untill the first
of November next

3d You will file no claim unless the name of the Claimant
or his agent, be annexed to the discription of the Claim.

4th As the Claims are delivered in you will Class them
under their several heads in manner following towit

Settlers on the 27th of October 1795 claiming under Spanish
Grants

Settlers on the 27th of October 1795 claiming under British
Grants

Settlers on the 27th of October 1795, claiming under an Act
of Georgia commonly called the Bourbon Act

Those different claims you will carefully put up into seperate
Bundles.

5th With respect to the other discription of Claims men-
tioned in the Hand Bill you will, as they are delivered, class them
in the same regular manner under their different heads and place
them in Different Bundles

6th Upon application you will give information as to the
form of describing a Claim, and for that form, the Hand Bill
will be your best guide ; the source from whence the claims arose
and the dates of the Titles must be particularly noticed and when
an actual settlement strengthens the Claim the period when the
settlement was made must be stated

7th If a loose and uncertain description of a Claim should
be offered you will point out its defects, and endeavour to have
them rectified.

8th On the morning of the first of November you will set
out yourself or send a Confidential person with the Claims which
may be filed to my office.

512 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from David Rawn.
Copy of a Letter from David Rawn.

Treasury Department

Comptroller's office
August 13th 1802
Sir

In consequence of the Comptroller's absence from the seat of
Government, it becomes my duty to acknowledge the receipt of
your letter dated the 1st ultimo, accompanied by an account for
stationary furnished your office during six months ending on
the 30th of June last.

As the accounts for stationary and other contingencies have
heretofore been rendered and settled in the name of the secretary
of the Mississippi Territory it appears necessary for the Treasury
to be informed whether this be a part of, or in addition to
the Claims which may be exhibited for contingencies, by that
officer. Be good enough to favor me with an early reply
I have the honor to be sir
With great respect

your obt. servt.

David Rawn

Pr. Clk
William C. C. Claiborne Esquire

To David Rawn.

Mississippi Territory
Town of Washington septr. 21st — 1802
Sir

Your Letter of the 13th ultimo reached me, on last evening
and in reply thereto I have the honor to inform you, that the ac-
count rendered for stationary furnished my office, for six months,

GOVERNOR WILLIAM C. C. CLAIBORNE. 513

ending on the 30th of June last, will not be included in any
Claim which may be exhibited for Contingencies by the secre-
tary for this Territory.

From the commencement of the present year, stationary has
been furnished my office, upon my own order and if it be not in-
consistent with the Rule of proceeding at the Treasury I shall
in future render a General account of expenditures for station-
ary, office-Rent, and other contingent expenses in this Terri-
tory.

It appears to me, that the Government ought to be held re-
sponsible, for the Contingent expences of this Department and
that it might be proper, for all charges falling under that head
tc be rendered by and settled in the name of the Governor
I have the honor to be Sir

With great respect

your obt Servt.

William C. C. Claiborne
David Rawn Esq

Pr. Clk comptroller's office

Appointments of Various Officers.

October 1st 1802.

During the last three months, the Governor made the follow-
ing appointments

In ADAMS COUNTY.

James Guice

James Nelson Justices of the Peace

F. L. Claiborne

David Ker Clerk of the County Court vice

Peter Walker removed.

William Nelson Coroner vice W. Brooks

resigned.

514 MISSISSIPPI TERRITORIAL ARCHIVES.

In WILKINSON COUNTY.
Joshua Baker Coroner.

In WASHINGTON DISTRICT.

Thomas Malone Clerk of the superior Court.

Nicholas Perkins Attorney General

For militia appointment during the last three months, refer-
ence may be had to the office of the Brigade Inspector where they
are duly recorded.

To Gov. Claiborne from James Wilkinson.

Fort St. Stephens1 Sept- 18 1802
Dear Sir

Prosecuting my Orders relative to the Chactaws, I descended
the Tallapousir and the Alabama Rivers, and arrived at Fort
Stoddard the 11th Inst, where I found the letter you were so
good as to forward me to that place — The illness of the officers of
that fort detained me untill the 15th, I reached this place a few
Minutes since, in season, Just so, to avail myself of the opportu-
nity by Mr McGrew to drop you this line, and to recommend to
your particular attention the letter enclosed, the prompt arrival
of which to its destination, is important to the public service ; my
time will not permit details, but having advised that my Orders
from Government should be enclosed to you, it is material you
should be informed, that I proceed hence by Water to fort Con-
federation2 on this River from thence to the point where the
Agent may have convened the Indians, there to remain not longer
than the 10th of next month, after which I shall proceed by the

1 On the Tombigbee River, erected by the Spaniards in 1789.
'TJp the river from St. Stephens

GOVERNOR WILLIAM C. C. CLAIBORNE. 515

shortest Rout to the mouth of the Yarsou River, to commence
the resurvey and remarking of the old line of Limits — This is
my intention & I can see no obstacle to. the extention, at the
same time that I flatter myself, I shall be able to promote meas-
ures, more extensive in their salutary consequences to this Ter-
ritory & the United States —

I have with me the Indian Goods which you forwarded to
Fort Stoddart, the transport of which by water 250 Miles beyond
this point, will test the navigation of this stream — I have found
the Alabama bolder and more safe than the Ohio, tho' not more
than one fourth its width. — I am here on tide water & am
assured I shall take the swell of the Ocean with me sixty miles
higher.

I left Charleston a little more than a month since and passed
by savanah, where I left the amiable Governor Tattnal ill in
Bed, & poor Jackson, whose wound has been closed before it
was properly cleansed, in a situation at once painful & danger-
ous.— I have not time for more than my best wishes to & for
you and yours

Your Friend

(Signed) Ja Wilkinson

Govr Claiborne

To James Wilkinson.

Town of Washington

October the 3d 1802
Dear Sir

A few days ago I had the honor to receive your communi-
cation of the 18th ultimo, together with the Letter enclosed,
which was immediately forwarded to its destination

I fear Mr Dinsmore's absence from the nation, will prove in-
jurious to your mission, or at least delay the execution of your in-
tention.—

516 MISSISSIPPI TERRITORIAL ARCHIVES.

The letter you addressed to Mr. Dinsmore some time since,
and which came under cover to me, was transmitted to John
Pitchlinn, with instructions, that if the agent had not arrived
he (Pitchlinn) should open the Letter, and comply with its con-
tents ; — I hope that thro' this Channel the Choctaw Chiefs, have
been advised of your approach, and may readily be convened in
Council

The only information I have received from the Government,
in relation to your orders, was contained in a Letter from the
Secretary at War, of the 7th of June last; speaking on the sub-
ject of the line, the Secretary writes thus "General Wilkinson
has received directions from this Department to superintend the
preambulating the boundary line between the Mississippi Terri-
tory and the Choctaw nation, but as some doubts arise respecting
this line, he will not proceed in this Business unless the Choctaws
will first consent to accept of some reasonable sum to establish
the line which was agreed on Between that nation and the British
Government in a Treaty which was held some time before the
Spanish Government came last into possession of the Floridas.

Should General Wilkinson succeed with the Choctaws in ob-
taining their Consent (and of which you will be informed) I have
to request that your Excellency will appoint som capable person
to assist him as a surveyor, and also to procure chainmen, pack-
horses provisions and stores, on the most reasonable terms ; Your
Bills on this Department for any expence which you may incur
in the Business will be accepted and paid on the shortest notice."

So soon therefore as I am informed, that the object of your
mission is accomplished, I will with promptitude execute the
duty required of me — But previous to making any arrangement
on my part, it would afford me great pleasure to confer person-
ally with you on the subject, and I do hope, you may find it con-
venient to pay me a visit before the retracing of the line is com-
menced— I would willingly meet you at the mouth of the River
Yarsou but there is at present no Secretary in this Territory,

GOVERNOR WILLIAM C. C. CLAIBORNE. 517

to whom I could commit the Burthens and Cares of the Executive
Branch of this Government.

I am glad you carried with you to the Nation the Indians
goods which I forwarded to Fort Stoddart and I flatter myself,
you have directed their distribution.

In consequence of the absence from the Nation, of the agent,
I am intirely uninformed of the present State of the Choctaw
agency, I sincerely regret the misfortune which befel Mr Dins-
more on his Journey but his conduct surely was very imprudent.

Accept of my best wishes

I am Dear Sir

Your Friend sincerely

William C. C. Claiborne
General Wilkinson.

To Gov. Claiborne from John McKee.

Mount Dexter Sep. 12. 1802
Sir

Information has been given here that the white people are set-
tling in advance of the Rocky spring Eastward. — That place
has heretofore been pretty generally considered as a point thro'
or near which the line would pass — But wherever it may pass,
as it is soon to be retraced & remarked, any extention of settle-
ment at this time will create uneasiness in the nation and tend
to embarrass the commissioners in retracing it.

I am induced to obtrude these observations on your excellency
from a report that these new settlements have excited consid-
erable uneasiness in the upper town District, to such a degree
that I fear the settlers will not be safe till the line is ascertained.

518 MISSISSIPPI TERRITORIAL ARCHIVES.

Mr Dinsmoor has not yet arrived here and my last accounts
are unfavourable to the Hope of his recovery
I am respectfully

Your Excellency

obedient servant

(Signed) John McKee
His Excellency
Governor Claiborne

To Daniel Burnett.

Near Natchez October 3d 1802
Sir

I have this morning received information, that the Chactaw
Indians, are greatly dissatisfied in consequence of some settle-
ments which the white people have lately made in advance of the
Rocky spring Eastward and that the lives and properties of these
Settlers are in Danger of attack.

You will therefore proceed without delay to the settlements
alluded to, advise the people of their danger, and direct them in
my name, to retire with their families and property to some
place at least one mile on this side of the Rocky Spring.

The old line of limits, between the United States, and the
Chactaw Indians, will shortly be retraced: — an opinion has
generally prevailed among the Indians, that the line would pass
at or near the Rocky Spring and consequently any extention of
settlement at this time, cannot fail to excite uneasiness in the
nation and may embarrass the Commissioners in Establishing the
True Boundary.

You will read this letter to the Citizens, and express to them
my great desire, that a compliance on their part, with my request,
may supercede the necessity of my taking any further measures
on this occasion.

GOVERNOR WILLIAM C. C. CLAIBORNE. 519

You will advise me of the result of your interview with the
settlers.

With respect and regard
I am Sir

Your most obt Hble, Sert-

William C. C. Claiborne
Colo Daniel Burnet

To Henry Dearborn.

Near Natchez October 4th 1802—
Sir

Enclosed is a Letter which I have received fron General Wil-
kinson and a Copy of my reply, as also a Communication to me
from John McKee late agent for the Chactaw Nation, and a copy
of a letter which (in consequence of Mr McKee's information) I
addressed to Colo. Daniel Burnet of the 4th Regiment of the Mis-
sissippi Militia.

I have the honor to be
Sir,

your Hble — Servt-

William C. C. Claiborne
The Honble—

H. Dearborne

To Samuel Mitchell.

Near Natchez October 4th 1802
Sir

On yesterday Mr Goodrich delivered to me, your Letters of

the 27th, 28th, 29th of August, and of the 8th ultimo, and I

thank you for the information they contain.

520 MISSISSIPPI TERRITORIAL ARCHIVES.

I am pleased with your efforts to advance the Happiness of
the Chiccasaws and I flatter myself, that the Habits of Industry
and of Civil life will soon acquire such an ascendency in the
nation, as to banish from the land, that attachment to Idleness,
which has hitherto, so much impeded the progress of Civilization

While you exercise all the Means in your power, to excite the
Chiccasaw Men to agricultural pursuits, you will be equally
Zealous in encouraging a spirit of Domestic Economy among the
women; — It seems to me advisable that you should continue to
supply them with wheels and Cards and also to retain in your
employ the weaver. — If you could induce a few young Indian
Girls to pass some time with the Weaver, and he would undertake
to teach them, an adequate compensation for his trouble, may
be made him. — It would also be a prudent measure to place a
few active Indian Lads with the Wheele-maker.

The desire which my old acquaintance Major George Cobert1
has expressed, to have his son educated in the United States,
shall be communicated to the Secretary at War and you shall be
advised of his answer.

A trading house for the accommodation of the Chiccasaws, is
Established by the United States at the Bluffs,2 and I am per-
suaded that they (the Chiccasaws) will soon be convinced of
its utility. — One thing is Certain, their wants will be amply sup-
plied, and upon more moderate terms than they could be procured
from private adventurers; the article of Iron for instance and
Iron tools may generally be procured at the Bluffs, and for a
price, not more than sufficient to remunerate the United States
the Original Cost.

So much of the Indian intercourse Law, as relates to the
purchase of horses from Indians, it may be well to give a liberal
construction to and in the cases, which you enumerate where
travellers thro' the Wilderness have had their Horses stolen,
strayed or tired they might be permitted, to obtain a supply in

1 Halfbreed chief of the Chickasaws.
2Present location of Memphis.

GOVERNOR WILLIAM C. C. CLAIBORNE. 521

the Nation, as a Matter of necessity, but you will take care, that
this privilege be not carried too far, and the salutary provisions
of the Law evaded altogether.

I am aware, that your situation on the Road subjects you
to many visits from travellers, and not infrequently to incon-
venience and expence; these considerations (and others which
you enumerate) may be urged as Reasons for an increase of
salary, and will no Doubt, receive their due weight from the sec-
retary at war to whom your Letter to me shall be transmitted.

You did right to exercise all your influence to bring about
a peace between Chiccasaws Chactaws, and the Asages. — By the
Treaty with Spain the United States are bound to restrain the
Indians residing within her Limits from waring with those Tribes
situated situated within the Spanish Territory — You will there-
fore persevere in your efforts to effect an amicable settlement
of differences, and I request you to assure the Chiccasaw King,
his chiefs and warriors that the President of the United States
has no greater wish than to see the Chiccasaw Nation happy and
at peace with all the world

I am Sir

with great respect

your Hble — Servt.

William C. C. Claiborne
Saml. Mitchell Esq

Agent for the Chiccasaws

To Henry Dearborn.

Near Natchez October 5th 1802
Sir

I have the honor to transmit you several Letters, which I
have lately received from the agent for the Chiccasaw Nation,
together with a Copy of my answers.

522 MISSISSIPPI TERRITORIAL ARCHIVES.

Mr Mitchell seems desirous to be remunerated certain ex-
pences, which he has incurred in erecting a house for his accom-
modations and also solicits an increase of salary, the Reasons
offered in support of his request, are contained in his Letter
enclosed.

It seems that Maj. George Colbert a man of Great influence
(and deservedly so) among the Chiccasaws desires that his son
should be educated to the Northward, under the Patronage of
the Government; — I have informed Colbert, that his wishes
should be made known to you, that so soon as your answer was
received, it should be communicated to him.

I have understood that Mr Dinsmore is nearly recovered of
wound, and had proceeded on his Journey to the Choctaws

With sentiments of esteem and respect

I am Sir

Your most obt. Hble — Servt.

William C. C. Claiborne
The Honble—

H. Dearborn

Secty at War

To Gov. Claiborne from Joshua Wingate.

War Department August 24. 1802
Sir

The Secretary of War being absent, I have the honor to ac-
knowledge the receipt of your favor of the 20th ulto covering a
draft of a Scite for a Garrison.
I am respectfully your

Huml. Servt-

Joshua Wingate Inr. C. Clerk
His Excellency

Wm— C. C. Claiborne

GOVERNOR WILLIAM C. C. CLAIBORNE. 523

To Gov. Claiborne from Silas Dinsmore.

Camp 30th — mile south of Tennessee
September 19th 1802
Sir

By detention & change of rout to the Choctaws, I am run
short of cash, an article difficult to be procured in the Chickasaw
woods. Mr Lenton the bearer has however furnished me with
forty five dollars to answer my present demands, for which
sum I have the liberty, without your leave, to draw on you at
sight, & request you to honour the draft as it is to meet the
Contingent expenses of the Indian department under your super-
intendance. I expect in about six weeks to pay my respects to
your Excellency in person, & receive from you instructions, &
such information & advice as you may please to give relative
to the Choctaws & their connections

I am Sir

your very obedient servant

Silas Dinsmoor
agent to the Choctaws
His Excellency

Governor Claiborne

To Gov. Claiborne from Drs. D. &. W. Lattimore.

Natchez,
October 1: 1802
Sir,

We avail ourselves of the first leisure to report to your Ex-
lency, relative to the occurrences at the small pox camp, which
was erected in the spring, and for which, you were pleased to
appoint us the attending Physicians. The persons carried to this
camp, were Daniel Cameron, Peter McGachan, Benjamin Dill,

524 MISSISSIPPI TERRITORIAL ARCHIVES.

John Sranklin, Canary, Charles Williams, Nathan Thomp-
son, a black man in the charge of Mr. Jeremiah Routh, Mrs:
Crab, a young man under Colo : Gaither, and a negro boy, belong-
ing to Mrs. McCabe. —

The two first, of the above mentioned persons, were as they
confess inoculated for the small pox, in New Orleans, and broke
out with it on their arrival at this place. The next six took it
in the natural way in the aforementioned town or other parts
of his Catholic Majesty's dominions, and broke out with it on
their journey to or arrival in the Territory. The last three, were,
as your Excellency knows, inoculated in this town.

The five inoculated persons had the disease lightly; the other
six who took it by contagion, had it in general to a degree of
dangerous, and in two cases of fatal severity. The deceased are
Charles Williams and Nathan Thompson, the former a citizen of
Kentucky, the latter of this Territory. While your Excellency
deplores with us the loss of these unfortunate young men, your
mind, cannot be but considerably alleviated from this considera-
tion, that the exercises of humanity have not been wanting to
prevent such an issue. For your Excellency's solicitude, for the
comfort and recovery of the afflicted, has been evinced, as well
by personal attendance, at the scene of their sufferings as by
official acts of Executive authority. To the humane and provi-
dent attentions of Mr McCormick, also they are much indebted,
for a supply of provisions &c suitable to their respective con-
ditions, and of those who were subordinately employed for their
assistance, we know of no injurious neglect of duty. Upon the
whole, from all that we could discover, from our daily attendance,
we conceive that no one has ultimately suffered through inat-
tention, whatever temporary inconveniences, the occasion natu-
rally & unavoidably involved.

In addition to the eleven cases at the camp already men-
tioned, four others were afterwards discovered, which appear to
have been caused by imprudent and obstinate visits to the Camp,
and by a premature and unpermitted departure of a patient from

GOVERNOR WILLIAM C. C. CLAIBORNE. 525

the same. The first instance alluded to Mrs. who took

the disease herself, and afterwards communicated it to her
negro boy, who as we have heard, broke out with it on the Bayou
Pierre. The other alludes to John Franklin (a little boy) from
whom there is great probability, the infection was communicated
to Miss Patsey Kitchen, from whom again it was communicated
to her mother Mrs. Kitchen.

While reporting to your Excellency the conduct of those, who,
contrary to well known restrictions visited and left the Camp,
and thereby propogated the contagion ; we cannot omit mention-
ing, the shameful elopement of Canary, a full week before he
would have been entitled to the legally requisite Certificate.
This man, (who is an inhabitant of Kentucky) was carried to the
camp while labouring under an attack of great severity, and re-
ceived all that attention which his situation required; but no
sooner had he experienced the salutary effect of his humane
treatment than he availed himself of his recovering strength and
clandestinely departed leaving the burthen of his expenses to
fall on the government, notwithstanding he carried with him sev-
eral hundred dollars.

The well known exertions which your Excellency, used to pre-
serve this Territory, from the small pox, and the influence you
have exercised in favor of vaccination, induce us to believe
that you will be highly gratified to hear, that the latter has pre-
vented the ravages of the former, by a very general circulation.
We conceive that two thirds of the inhabitants must have under-
gone vaccination ; and in no one case, that we have heard of has
it produced mortality ; it is not easy to say what might have been
the fate of this menaced country, without the advantage of this
invaluable preventative; but it would seem as if, its opportune
arrival among us was something providential. No case of small-
pox, as far as we know, exists now in the Territory. The vaccine
virus, from an indispensible attention to the sick, we fear is ex-
tinct also : it was however, long enough in existence for all those
who wished to experience its beneficial influence.

526 MISSISSIPPI TERRITORIAL ARCHIVES.

Permit us, Sir, to avail ourselves of the present occasion to
declare, that we are with sentiments of great respect your Ex-
cellency's most obedient Servants

(Signed) D. &. W. Lattimore

To Drs. D. & W. Lattimore.

Town of Washington

October 5 : 1802.
Gentlemen,

I have the honor to acknowledge the receipt of your communi-
cation of the 1st. instant.

The establishment of the hospital camp was resorted to, as
a means of securing the people of the Territory, from an afflict-
ing, and not unf requently a mortal malady : — but the timely in-
troduction of the vaccine disease, was indeed the only effectual
barrier, which could have been interposed, and I am happy to
learn, that so many of my fellow citizens have availed them-
selves of this invaluable preventative against the ravages of the
small-pox.

I regret the death of two young men you have mentioned, but
it is a pleasure to me, to know, that every attention was paid
them, which benevolence dictated, and their situation admitted
of.

Accept gentlemen, my thanks, for the attention and human-
ity, with which the duty assigned you was discharged and I pray
you to be assured of my great respect and sincere esteem

I am &c

signed- -William C. C. Claiborne

GOVERNOR WILLIAM C. C. CLAIBORNE. 527

To Israel E. Trask, Brigade Major of Militia.

Town of Washington Octobr 9t. 1802.
Sir

You will proceed without delay to the County of Washington,
on your arrival, you will announce yourself, to the Major Com-
manding the 3d Regiment of Militia, and desire him to convene
the officers of the Regiment, at some Convenient place, when you
will attend, and perform the Duties required of you by Law.

You will endeavour to impress upon the minds of both officers
and privates, the safety which a well regulated Militia, would
afford to the District of Washington, and to excite that Military
spirit, which can alone give respect and energy, to our Militia
System. —

You will make no unnecessary stay in Washington, and will
use all due diligence, to return to Natchez by the 28th day of
November : on your arrival at Natchez, you will announce your-
self to me, and be prepared to make a General Report of the State
of the Militia, in Washington County.
Wishing you an agreeable Tour.
I remain.

with great respect,
Your Hble Servt

William C. C. Claiborne

To David Berry.1

Town of Washington October 13th 1802
Sir,

Complaint has been made to me upon Oath, by Daniel Graf-
ton, that a party of Choctaw Indians, eight in number, had com-
mited some outrages upon his plantation, and from their threats,
Mr Grafton apprehends further injury. —

interpreter for the Choctaws.

528 MISSISSIPPI TERRITORIAL ARCHIVES.

The Indians are supposed by Mr Grafton to be encamped
near to his corn field and I wish you to proceed to their camp,
and represent to them, the impropriety of their Conduct.

I should be glad to have those Fellows brought before me,
and I wish you to have recourse to all the artifices in your power,
to induce them to visit me.

Mr Grafton and two or three other men will accompany you,
if you desire it, but you must not permit the Indians to be
abused.

I will reward you liberally for the trouble you may take in
this Business.

If it is possible, without abusing the Indians, I hope you will
bring them to me

I am Sir

your Hble Servt.

William C. C. Claiborne

To David Berry.

The Governor being informed, that the Indians could not be
prevailed upon to visit him, he wrote the following Letter to Mr.
Berry.

Town of Washington

October 13th 1802
Sir,

You will proceed immediately to the Indian Camp, deliver to
them the enclosed talk, receive their answer, and report the same
to me this Evening.

I am Sir your Hble Servt —

William C. C. Claiborne

GOVERNOR WILLIAM C. C. CLAIBORNE. 529

Talk enclosed in preceding letter.

A talk from William C. C. Claiborne Governor and Com-
mander in chief of the Mississippi Territory, to some Choctaw
Indians, who are encamped near to Natchez.

Brothers.

I sent my Interpreter David Berry to you, on this morning,
with a request that you would come and see me; but you have
thought proper to decline doing so.

I will now tell you Brothers my Business with you; I was
informed on yesterday, that you had gone to a white Man's
House, and killed one of his work Steers, wounded another, and
threatened to do him further Mischief.

I wanted to have you and the white man face to face, in
order, that I might learn the truth: But it seems you will not
come near me. —

Now Brothers, I must inform you, that I do not allow my peo-
ple to treat a red man amiss, nor will I suffer a red man, to treat
any of my people amiss.

I will forget and forgive your late bad Conduct, upon one
Condition, which is, that you immediately depart for your own
Land, and do no more mischief.

My Interpreter David Berry will bring to me, your answer

to this talk.

William C. C. Claiborne.
Town of Washington
October 13th 1802.

To Seth Lewis.

October 19th 1802
Dr Sir,

Permit me to introduce to your acquaintance and friendly
attention the Bearer Mr Lewis Kerr — This gentleman attends

530 MISSISSIPPI TERRITORIAL ARCHIVES.

you, to request an examination touching his fitness to practice
as an attorney in the several Courts of Law and Equity in this
Territory

Mr. Kerr was desirous to wait upon you, previous to your De-
parture for Washington, but was prevented by indisposition.
During your absence Mr Kerr's health was in a measure re-
stored, & wishing to qualify as an Attorney, at the County Court
of Adams, upon his producing to me the most satisfactory
vochers, that he had passed much time in the study of the Law
& had been admitted as an attorney in many respectable Courts,
I granted him a Licence, having previously exacted a promise
that immediately on your arrival he would undergo an examina-
tion before you.

Accept my Congratulations on your safe Return Home, ac-
companied with my best wishes

I am Dr Sir

Very respectfully

Your mo : Obt. Hble — Servt.

William C. C. Claiborne

The Honble—

Judge Lewis

Warrant in Favor of Phipps.

October 19th 1802

The Governor signed a Warrant upon the Treasurer General
for twenty four Dollars in favour of Phipps, being the sum due
him for his services as a Marker of the Road from the Natural
Boundary line, to the town of Natchez, as appeared by a Certifi-
cate he produced, signed by Hugh Davis and John Collins two of
the Commissioners for laying out said Road

GOVERNOR WILLIAM C. C. CLAIBORNE. 531

To Henry Dearborn.

Near Natchez 20th October 1802
Office of Superintendant for Indian
affairs.
Sir

To enable me to meet a small draft of Mr Silas Dinsmoor's,
on account of the Choctaw Agency, and to defray some contin-
gent expences which have arisen in the Indian department I have
drawn a Bill upon you for one hundred Dollars payable at five
days sight to Samuel Postlethwait & Co — or order
I am Sir,

Very respectfully

Your most obt — Servt —

William C. C. Claiborne
The Honble Henry Dearborn
Secty of War

Bill of Exchange.

Copy of a Bill of Exchange Drawn by the Governor in favour
of Saml. Postlethwait & Co,

Near Natchez October 20th 1802
Office of Superintendant for Indian affairs
Ex: 100 Dollars

Sir

At five days sight of this my first of exchange (second of
same tenor and date unpaid) please to pay to Samuel Postle-

532 MISSISSIPPI TERRITORIAL ARCHIVES.

thwait & Co or order, one hundred Dollars (value Received)
which charge as per advice to account of

Sir

your Obt. Servt

William C. C. Claiborne
The Honble

Henry Dearborn
Secy of War —
Washington

To Gov. Claiborne, from Wm. E. Huling.

New Orleans 18th October 1802
Sir

I have to announce to you that this day the Port is shut
against foreign commerce and not against foreign commerce
only, but against the American Deposit in this City1

In the decree posted up in the public places no mention is
made of any other place appointed for a Deposit.

You will use this information as you may think proper
I am with great respect

Your most obt. humble servt —

Wm. — E. Hulings
Wm— C. C. Claiborne

Gov of the Mississippi Territory
P.S. — The Intendant has just now refused permission to
some Govt — Stores destined for Fort Stoddart, to pass through
the Spanish Territory free of duty. I shall immediately petition
the Governor on the subject, and will communicate the result to
you. —

1 This order of October, 1802, said to have been issued by Intendant
Morales without authority from Spain, was the cause of great loss to the
people of the Mississippi Valley, and was adjusted only by the Louisiana
purchase.

GOVERNOR WILLIAM C. C. CLAIBORNE. 533

To William E. Huling.

Natchez October 28th 1802
Sir

Your Letter of the 18th Instant, reached me this Evening —
The publication of the Intendant's is indeed an extraordinary
Measure. —

The 22d Article of the Treaty between the U. States and
Spain, is explicit, and cannot admit of but one construction.

Before his Catholic Majesty can (with good faith) withdraw
his permission to the Citizens of the U. States to deposit their
Merchandize, and effects in the port of New Orleans, he must
assign some other place on the Banks of the Mississippi for an
Equivalent Establishment.

Will you be good enough to present in person, the enclosed
Letter to the Governor; It is on the subject of the Intendant's
publication.

Your Letter to me I shall transmit by express, to the sec-
retary of State.

I flatter myself that the present difficulties at New Orleans
will only be temporary

With very great respect
I am Sir

Your Mo: Obt: Servt.

William C. C. Claiborne

Wm — E. Hulings

Vice consul for the U. States at the port of New Orleans

To Don Manuel de Salcedo, Governor General of Louisiana.

Natchez October 28 1802
Sir

I have this day been informed that in a Proclamation issued
on the 16th- Instant, by the Intendant of the Province of Louisi-
ana, it was announced — "That the Citizens of the United States

534 MISSISSIPPI TERRITORIAL ARCHIVES.

shall no longer be permitted to deposit their Merchandize and
effects in the port of New Orleans

Information of an event so immediately interesting to the
Citizens of the U. States led me to peruse attentively the Treaty
of Friendship, Limits and Navigation between the United States
of America, and the King of Spain, and upon adverting to the
22d Article I found it declared that "his Catholic Majesty will
"permit the Citizens of the U. States for the space of three years
"from this time to deposit their Merchandizes, and effects, in the
"port of New Orleans and to export them from thence without
"paying any other duty than a fair price for the hire of the
"Stores, and his Majesty promises either to continue this permis-
"sion if he finds during that time that it is not prejudicial to the
"Interests of Spain, or if he should not agree to Continue it
"there, he will assign to them, on another part of the Banks of
"the Mississippi an equivalent establishment.

I have here quoted the words of the Treaty, and find them
too explicit to require comment, or to admit of a Doubtful con-
struction— If therefore his Catholic Majesty has discontinued
his permission to the Citizens of the United States to deposit
their Merchandizes and effects at the port of New Orleans, Will
your Excellency be good enough to inform me whether any and
what other place on the Banks of the Mississippi has been as-
signed (in Conformity to the Treaty) for an equivalent estab-
lishment.

The subject of this enquiry, is so interesting to the Commerce
of the United States, and to the Welfare of her Citizens, that I
must request your Excellency to favour me with an early answer

Accept assurances of my

great respect and high

Consideration

William C. C. Claiborne

His Excellency

Manuel de Salcedo

Governor General of the Province of Louisiana.

GOVERNOR WILLIAM C. C. CLAIBORNE. 535

To James Madison.

Near Natchez,
October 29th: 1802.
Sir,

I have the honer to enclose you a letter, which, I last evening)
received from Wm. E. Hulings vice Consul, for the United States,
at the Port of New Orleans, together with a translation of an Ex-
tract from a publication made, by Juan Ventura Morales, Inten-
dant of the Province of Louisiana &c : dated October 16 : 1802.

These dispatches, announce "that the Port of New Orleans, is
shut against foreign commerce and the American Deposit.

Not understanding from the Intendant's Proclamation, wheth-
er or not, another place, on the banks of the Mississippi, had
been assigned by his Catholic Majesty, (in conformity to our
Treaty with Spain) for "An equivalent establishment."

I have by letter, (a copy of which, is herewith enclosed) re-
quested information, on this point from the Governor General
of the Province of Louisiana.

The late Act of the Spanish Government at N. Orleans, has
excited considerable agitation in Natchez and its vicinity: — It
has inflicted a severe wound upon the Agricultural and Com-
mercial interest of this Territory, and must prove no less inju-
rious to all the Western Country.

There being at present an interruption in the Post between
this Territory and Tennessee, and supposing it of importance,
that the Government should be early apprised of the late event
at Orleans, I have forwarded this letter, by express, to Nash-
ville, where it will be deposited in the mail.

I am Sir,

With sentiments of great respect & esteem —
Your mo : obt. servt :
(signed) William C. C. Claiborne

536 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

Near Natchez
Novem : 5 : 1802.
Sir,

I have now the honor to reply more particularly to your letter
of the 26 : of July last, and to lay before you, such information,
as I have been enabled to collect in relation to the various objects
of your enquiries.

In conformity to your request the claimants of land (of the
descriptions you mention) were invited "by public advertisement
to file prior to the first day of November, before the proper
County Officers, the Clerks of the different County Courts, the
particular authority and extent of their respective claims, and
the chain of Title derived to the present claimants from the Ori-
ginal Title.

I had flattered myself that the acquiescence with this invita-
tion would have been such, as to have afforded ground for accu-
rate estimates; — But from various causes, the returns are not
so general as I had wished. Some few claimants, whose titles,
I have reason to believe, are fully and legally executed, have
omitted to state them, either thro' inattention, or from an unac-
commodating disposition, and there are some others, who have
avoided exhibiting their claims (probably) from an unwilling-
ness to expose their weakness, and a fear produced by a report,
which some designing characters circulated with industry, that
the call for titles, was intended to work their immediate injury:
— Having premised thus much, with a view to apprise you, that
the return of claims which accompany this letter, is (A) not en-
tirely complete: — I will proceed to notice your enquiries in the
order, you have placed them.

First

With respect to the extent of Territory both on the Mis-
sissippi and the Mobile, which has been relinquished by the In-
dians.

GOVERNOR WILLIAM C. C. CLAIBORNE. 537

Until the boundary line between the United States and the
Choctaw Indians, shall have been retraced and plainly marked,
(a work, which I understand will shortly be executed, under the
direction of General Wilkinson) the quantity of land, to which
the Indian claim has been extinguished, cannot be correctly as-
certained, but from the best information in my possession, I
do conjecture that there may be on the Mississippi, two thousand
five hundred square miles, or about one million six hundred
thousand acres, which, comprehend the counties of Jefferson,
Adams, Wilkinson and Claiborne. —

On the Mobile, I do also conjecture, without pretending to
accuracy there may be about four thousand six hundred square
miles, or near three Million of Acres, which compose the County
of Washington. —

The greater part of the land on the Mississippi, above alluded
to, is fertile, and well adapted to cultivation : — Of the three mil-
lions of acres on the Mobile there are supposed to be near two
millions of pine barrens, little of which, is susceptible of Culture,
the balance is said to be good land, and I am informed that most
of it may be cultivated to advantage.

A small map of the settled country adjoining the Mississippi,
marked (No: 1.) and a map of the land in Washington County,
to which the Indian claim has been extinguished marked (No: 2)
are herewith enclosed.

Second

With respect to the claims recognised by this second article
of agreement with Georgia!

I will class these claims under three distinct heads.

1st: Grants, to persons who were actual settlers, within, the
ceded Territory, on the 27 of October 1795, legally and fully exe-
cuted, prior to that day by the former British Government of
West Florida. The packet marked (A) contains all the claims
of this description which have been filed.

2nd. Grants to persons who were actual settlers within the
ceded Territory on the 27: of October 1795, legally and fully

538 MISSISSIPPI TERRITORIAL ARCHIVES.

executed prior to that day, by the Government of Spain, (this
species of Titles is numerous) the packets marked (B) contains
all which have been filed.

3rd. Claims of persons who were settlers within the ceded
Territory, on the 27 : Oct : 1795, derived from actual survey^ or
settlements made under the law of Georgia; passed February
7: 1785, commonly called the Bourbon Act: — The packet (C.)
contains all the claims of this class which have been filed. Few
of these claimants alledge to have made actual surveys: — It
would have been unsafe to have done so, during the existance of
the Spanish Government, but they rely upon the settlements
which they formed by a verbal permission from the then exist-
ing Government, and the invitations held out by the State of
Georgia, in the Bourbon Act.

Among the titles recognised in the agreement of compromise
with Georgia, there will arise a few which clash, (viz) lands
claimed by different persons, under British and Spanish titles
who were both settlers in the Territory on the 27 : of Oct : 1795 ;
This will be found to have been occasioned by one of two causes :
The British proprietor did either not reside in the Territory,
or being present had not complied with the conditions of his pat-
ent at the time of regranting by the Spanish Government.

I have endeavoured to inform myself as to the manner, in
which Grants were made and completed under both the British
and Spanish Governments. Under the British Government
Grants were sometimes issued by the King himself, but more fre-
quently by his Representatives the Governor of West Floriaa.
The former title was conferred for some signal services rendered
by an individual, the latter title which was the more usual, was
obtained in the following manner? — The applicant for land pre-
sented a petition to the Governor and Council of West Florida,
upon the petition being granted, an Order from the Governor, to
the Surveyor General, of the province was given which was called
the Warrant of Survey, when the survey was completed and re-
turned to the Secretary's office the Patent issued. It frequently

GOVERNOR WILLIAM C. C. CLAIBORNE. 539

happened, that by delay in the office occasioned by various cir-
cumstances, and in some instances by reason of the Spanish Con-
quest of Florida, those persons who had obtained Warrants and
paid the price of surveying never acquired a complete Patent
I have procured a copy of a British Patent, which is herewith
enclosed marked (No. 3.) The manner of obtaining titles under
the Spanish Government was similar to the last mode of British
Grant. The applicant for land, applied by petition to the Span-
ish Governor General of Louisiana ; or the Governor at Natchez.
If the petition was granted, an order, in writing was given to
the Surveyor General (whcih was called the Warrant) to survey
and put the Petitioner, in possession of a certain quantity of
land (which was named) on the return of the survey, to the office
of the Secretary, for the province of Louisiana, at Orleans a
formal Patent, with the plat and certificate of survey prefixed
was issued, and signed by the Governor General of of the Prov-
ince of Louisiana. In this case also delay in the intermediate
steps, sometimes prevented persons, who had procured Warrants
of Survey, and were in complete possession of the land from ob-
taining perfect patents: — A Copy of a petition Warrants of
Survey, and Spanish Patent is herewith enclosed marked No : 4 :

I will now proceed to notice other claims not recognised in
the agreement of compromise, but concerning which you request
information.

First . . . With respect to claims grounded on the alledged
grants of Georgia, subsequent to the Bourbon Act:

I cannot learn that any tract of land is now occupied by any of
those purchasers or by persons claiming under them : — A Copy
of an Original letter, upon the subject of the Georgia Sale dated
at Boston, October 1. 1799, signed by several persons stiling
themselves "Agents for the proprietors of Georgia lands" ad-
dressed to some respectable Citizens in this Territory, together
with a copy of the Answer which was returned thereto, are here-
with enclosed Marked No. 5 & 6.

540 MISSISSIPPI TERRITORIAL ARCHIVES.

Second. . . Claims, if any, derived under the French Gov-
ernment, previous to the peace of 1763 ?

No title arising from this source, has been filed, and I have
it from good authority, that no claim on the part of the ancient
French proprietors ever appeared during the existence of the
British or Spanish Governments in this Territory. " The fre-
quent contest between the French and the Natchez aborigines,
caused the former to abandon their agricultural possessions, in
this quarter of Louisiana, long before the peace of 1763.

Third Claims derived under the British and Spanish Gov-
ernments previous to the Treaty of 1795, unaccompanied
by actual settlement within the ceded territory, at the date of the
Treaty?

No claims of this discriptlon have been filed, nor is it probable
there are many such of Spanish Origin: — But it is a matter
of great notoriety, that British claims of this species are numer-
ous. By far the greater part of the valuable improvements and
plantations in this Territory, is made upon lands heretofore
granted by the Brisith Government of West Florida, but which
were regranted by the Spanish Government.

It may be proper in this place to state, that the time allowed
by the Treaty of peace of 1783 for British subjects to sell, con-
vey or settle their lands, was prolonged by the Spanish Govern-
ment, and that two or three years beyond the time granted by the
Treaty had elapsed before the Spanish Government commenced
regranting of lands, which had formerly belonged to British sub-
jects.

Fourth Claims derived under the Spanish Government

by Grants made subsequent to the Spanish Treaty of 1795?

These may be distinguished into three classes :

1st — Where patents were issued subsequent to the Treaty on
Spanish Warrants of survey made previous to the Treaty ; —

2nd. Where the Warrants as well as the Patents were sub-
sequent to the Treaty.

GOVERNOR WILLIAM C. C. CLAIBORNE. 541

3rd: Where both Warrants and Patents, were indeed subse-
quent to the Treaty, but both antedated, so as to make them ap-
pear prior to the Treaty. —

1st: Where Patents were issued subsequent to the Treaty
on Spanish Warrants of survey granted previous to the Treaty.

I have understood that many Patents of this description were
issued altho' few have been filed — Warrants had in many in-
stances been obtained from the Spanish Government accompa-
nied with an actual survey and settlement, which, agreeable to
the Spanish Customs, were recognised as good Titles, even before
the Patents issued. Claimants in this situation were often not
anxious about obtaining their Patents, which could at any time
be procured as a matter of course. Hence it happened, that the
Treaty, caught many in the possession of those incomplete rights.
Some persons thought it advisable to obtain patents from the
Spanish Office which continued open after the Treaty. But others
conceiving such patents as conferring no additional security
trusted entirely to the justice and liberality of the United States
to make valid in law, what they considered a perfect equitable
title.

2nd: Where the Warrants of survey as well as the Patents
were subsequent to the Treaty; of this description four or five
only have been returned, but others certainly exist. Some men
in favor with the Spanish Officers — and trusting to the tempo-
rary continuance of the Spanish Courts and Government acqui-
esced in by the people, and Commissioner Ellicot, and Lieutenant
Pope, the only representatives of the United States then present,
received titles for land, which were dated agreeable to the true
time of receiving them. The number of these claims is uncertain,
but said not to be numerous. —

3rd Where Warrants and Patents were indeed subsequent
to the Treaty, both antedated so as to make them appear prior
to the Treaty, altho' no claims of this kind have (to my knowl-
edge) been filed, yet no doubt is entertained here of their exist-

542 MISSISSIPPI TERRITORIAL ARCHIVES.

ence. They are reported to be of great extent, and are supposed
to cover much valuable land near the settlements. —

Fifth Claims founded on the third section of the Bour-
bon County Act?

Many Citizens who subsequent to 1795, have settled and im-
proved vacant lands, suppose that under this third section, they
will be entitled to a right of preference when a land office may be
opened. The Bourbon Act was repealed by Georgia, in February
1788, but from the little intercourse between that State, and the
Territory, it is probable the repealing law was but partially
known, and that some citizens might have made their improve-
ments under the invitation given them in the Bourbon Act.

With respect to the aggregate quantity of land covered by
claims under the 2nd. . article of the Compromise and of the
like aggregate of other claims, it is impossible for me to form
accurate estimates. But from the best lights I can procure, I
do suppose there cannot be more than four hundred thousand
acres on the Mississippi, covered by claims justly falling under
the 2nd : article of the Compromise. As to the extent of private
claims on the Mobile I can hazard no opinion, until the returns
from Washington County are received. It however, is under-
stood, that besides a large tract of Pine Barrens, there is some
valuable lands which remain to be disposed of by the United
States.

In order that you may be more fully informed as to the true
state of land claims in this Territory, I have forwarded all the
returns, which have been made and received carefully filed under
their different classes, among them, you will discover, some
claims, which cannot strictly considered be comprehended under
any of the descriptions you have enumerated — The titles for
instance by Spanish Warrants of Survey & possession without
Patents may be viewed as of this kind. But permit me to re-
mark that this species of Title, is esteemed here as very strong
in an Equitable point of view, and I am well informed they were
viewed as legal under the Spanish Government and by custom

GOVERNOR WILLIAM C. C. CLAIBORNE. 543

the proprietor was authorized to sell after three years occu-
pancy.

It will not escape your observation, that a great proportion
of the present population in this Territory, is composed of Cit-
izens who have formed settlements on vacant lands; — The
heads of families of this discription, in the Counties of Jeffer-
son, Adams, Wilkinson, and Claiborne, exceed seven hundred
and their wives and children amount to upwards of two thou-
sand.

I do sincerely hope that these Citizens may be secured in
their improvements, and that the Government will sell out the
Vacant land in this district upon moderate terms and in small
tracts to actual settlers : — If this policy be not observed, much
distress will attend many of the settlers, and the certain effect
will be their leaving the Territory in disgust, to become sub-
jects in a Country, where heretofore, the most flattering invita-
tions have been offered to the poorer class of industrious Citi-
zens, by bestowing, upon every applicant, without price, portions
of the richest lands, proportioned to the extent of his family.
The present farms of the settlers would then probably fall into
the hands of rich speculators, either in this District, or from the
United States. Thus we may lose a considerable portion of our
present population, and the further increase of our numbers re-
tarded, by the best and most convenient spots being monopolised
by men possessing large tracts of unoccupied lands.1

The consequence would be that this most distant and infant
settlement of the United States, at present insulated and de-
fenceless, would be rendered more weak and defenceless, by
the banishment of the poorer Class of White Citizens, and the
introduction of a few wealthy characters, with a large increase

1 For information concerning land titles in Mississippi consult the "The
Fountains of Our Land Titles," by Edward Mayes; Minutes Mississippi Bar
Association for 1887.

544 MISSISSIPPI TERRITORIAL ARCHIVES.

of negroes, a discription of inhabitants, already formidable to
our present population.1

With sentiments of great respect and
sincere esteem,

I have the honor to be
Sir,

your mo: Humble. Sert.
(signed) Wm. C. C. Claiborne

Notes.

(A) I have not received a return of the claims which have
been filed in Washington County. —

(G) Claims, have been filed by persons who were actual
settlers within the ceded Territory on the 27 : Oct : 1795, under
British Grants for 52754 acres, and under Spanish Patents for
190.406 acres, which Patents were legally and fully executed
prior to that period.

Claims of the following discription have also been filed —

Claims under Spanish Patents dated subsequent to the 27 :
Oct: 1795, by persons who were settlers at that period. — for.
Acres 8.980

Claims under British Warrants without Patents, by persons
who were settlers on the twenty seventh of Oct : 1795. for. . .
Acres 10.900

Claims under Spanish Warrants of Survey and possession,
by persons who were actual settlers on the 27 : Oct : 1795 — for.
Acres 21203

For these Claims see Packet (D)

*It had been estimated that the negroes, at this time, about equaled the
whites.

GOVERNOR WILLIAM C. C. CLAIBORNE. 545

There are about one hundred and thirty heads of families,
who on the 27 : Oct : 1795 were settled upon vacant land, and now
claim a right by occupancy under the Bourbon Act.

There are also about seven hundred heads of families, who
subsequent to 1795. have settled upon vacant land and made con-
siderable improvements.

(F) Should the contemplated changes in the Masters of

Louisiana take place, it is not improbable, but our new neigh-
bours, with a large extent of Vacant Country to settle, may also
offer great encouragement to emigrants. —

To James Madison.

Near Natchez: Nov: 6th: 1802.
Sir,

The embarrassment of our trade at N. Orleans, still con-
tinues, private letters state, that American produce may be landed
by paying a duty of 6 pCent, but not otherwise.

I have enclosed you an extract from the Intendent's procla-
mation, in the Spanish language — I am informed that the trans-
lation which was sent you is sufficiently faithful, but does not pos-
sess the strength of the original.

It cannot well be presumed that the Intendant would issue
such a proclamation without orders from his King, altho' the
style countenences the idea.

There is no doubt entertained at Orleans but that the French
will take possession of Louisiana in the course of the Winter.

I am &c

(signed) Wm. . C. C. Claiborne

546 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

Near Natchez Nov : 6 : 1802

I have this day drawn upon you, for the sum of Eighty dol-
lars, payable at five days sight, to Ferdinand L. Claiborne,1 mer-
chant at Natchez, or to his order.

This sum I pay to Samuel May, for going express from Nat-
chez to Nashville, as will appear from the vouchers enclosed.

The letters which May was the bearer of communicated the
late proceedings at N. Orleans, which being interesting to the
United States, I thought it my duty to forward my dispatches
by express, since at that time there was an interruption in the
mail between Natchez & Nashville

I am &c.

(signed) Wm. C. C. Claiborne

To Gov Claiborne, from Henry Dearborn.

War Department.

9 : July 1802
This will be handed you by Mr Joseph Chambers, who has re-
cently been appointed Factor for the United States,2 for the Choc-
taw Nation of Indians, his character authorizes me to recom-
mend him to your Excellency's notice and to request that you
will have the goodness to yield him such advice and assistance
in the discharge of his duty as situation, & circumstances may
render necessary.

I have the honor to be with much
respect,

your Excellency's

mo : obt . . Servt.

(Signed) H. Dearborn

'Brother of the Governor, who afterwards became prominent in the
military affairs of the Territory.

^Factor at St. Stephens. A factory, for trade with the Choctaws, was
located at that place.

GOVERNOR WILLIAM C. C. CLAIBORNE. 547

To Henry Dearborn.

Natchez Novem : 10 : 1802
Sir,

On the first instant Mr. Joseph Chambers Factor for the
United States, for the Choctaw Nation, delivered to me your
letter of the 9th : of July last.

The goods for the factory have arrived at Fort Adams and are
safely deposited; where they will remain until a site for the
Factory, is established and suitable buildings erected.

The aspect of affairs at Orleans, and the probability of the
French taking possession of Louisiana induce me to think it may
be advisable for the present to establish the trading house for
the Choctaws, at some point on the Mississippi, or the Waters
thereof. —

Some where on the Mobile would certainly be the most eligible
position, but it being yet uncertain how far our trade to the
Mobile may be embarrassed it might be unwise at this time to
risque an establishment in that quarter.

Mr Chambers appears to be a young man of great merit, and
I shall take pleasure in giving him such assistance and advice
as situation or circumstances may render necessary.

The Choctaw annuity for 1802, is arrived at Natchez, and I
will take immediate measures to have it distributed.

The Citizens, who were supposed to have settled upon Indian
lands, and of which I advised you in a former letter, have re-
moved within the settlements.

I am &c

(signed) Wm. C. C. Claiborne
P.S.

Three mails are now due from Washington. I am yet unad-
vised, of your orders in relation to the Factory, and the new Gar-
rison

(signed) W. C. C.

548 MISSISSIPPI TERRITORIAL ARCHIVES.

To Silas Dinsmore.

Natchez, Novem: 11: 1802.
Sir,

Being solicitous to confer personally with you on the sub-
ject of your Agency, and to put in your care, to be conveyed to
the Nation, the Choctaw Annuity for the year 1802, I have to
request that you will come with all convenient dispatch to Nat-
chez.

I am &c

(signed) Wm. C. C. Claiborne

To James Wilkinson.

Washington Novem : 16 : 1802
Sir,

In a letter from the Secretary of War, dated on the 10th:
of September last, I am directed to advise with you, as to the
Site, for establishing a Factory, for the accommodation of the
Choctaw Indians : — The Factor is now at Natchez, and the goods
are arrived and deposited at Fort Adams: — It is therefore ad-
visable that the Site, should be speedily determined upon and
the business commenced, or the factor will loose the advantage
of the fall hunt : — I had named to the Secretary a position some
where on the Mobile, as the most eligible, and he seems to incline
to that opinion; but the late proceedings at Orleans, rendering
it uncertain, how far the trade of the Mobile and Mississippi,
may be embarrassed, induce me to think it unsafe for the present
to venture the establishment in that quarter. But on this subject
I wish much for a personal interview with you, and if you cannot
conveniently come to Natchez, I will meet you at the Grind Stone
ford, at any time you will name.

GOVERNOR WILLIAM C. C. CLAIBORNE. 549

A new post (by direction of the President) is to be estab-
lished, near to the town of Washington x and a Company stationed
thereat.

The Site is selected, and contracted for, and the Secretary at
War, informs me that "General Wilkinson will decide on the
Captain who shall command." May I ask the favor of you to
detach Captain Sparks for this command: — you can anticipate
my reasons.

My great friendship for Sparks, and the great addition which
his small family, would be to our little society, lead me to make
this request.

The last Northern Mail brings nothing very interesting: —
The f rench troops are daily expected at Orleans :

General Victor, is the Commander, he brings with him, only
three thousand men, but eight thousand are to follow in a few
months.

The enclosed letter from the Secretary at War, to you, is
the only one, which has reached me.

Mrs . . Claiborne unites with me in best wishes for your
health and Happiness.

Yours &c

(signed) Wm. . C. C. Claiborne
P.S.

A part of Captain Spark's company is now stationed near to
Washington: — I have suggested to the Commanding Officer at
Fort Adams, that it might be proper that this detachment should
occupy the ground selected for the post and commence the work
for the Garrison

(signed) W. C. C. C.

1 Fort Dearborn.

550 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from Henry Dearborn.

War Department

September 10th 1802
Sir,

Your favors of the 6th: ult: with the enclosures have been
duly received; from the best information I have been able to
obtain, I agree with you in opinion as to the more suitable place
for our trading house with the Indians, will it not be in your
power, to sound the Governor of the Floridas on the subject of
our navigating that river, until more permanent arrangements
between the two Governments can be made? It may not be
proper to intimate that we have any doubts of the right of Navi-
gating any of the Rivers, which pass out of the United States
and through the Spanish Territory, but perhaps you may ascer-
tain their present disposition, by intimating that you presume
their will be no objection to our furnishing the Posts in the
Mobile and our Indian Agency at Tombigbee thro' their Terri-
tory:— If it should be determined to establish a trading house
on the Tombigbee, It will be necessary to give directions to our
Consul at Orleans, to retain the goods there until the place for
the establishment shall be decided on ; You will please to consult
General Wilkinson on the subject, to whom I have written rela-
tive to the proper Site for a trading house &c —

It will be proper at all events to have the goods kept at New
Orleans, until a decision is made by you and General Wilkinson,
you will be pleased, Sir, to take measures accordingly —

You will also accept the Offer of Mr. Calvit relative to the
land for a Post.

The progress made in organising the Militia, is really a very
happy circumstance, and will undoubtedly have a vary favorable
effect on the administration of your Government.

General Wilkinsin will decide on the Captn. who shall Com-
mand, the Post at Natchez ; I have no doubt he will consent that

GOVERNOR WILLIAM C. C. CLAIBORNE. 551

Captn : Sparks may be stationed at that place agreeable to your

request.

I am &c.

(signed) H. Dearborn

From Henry Dearborn.

War Department

Septem 11: 1802.
Sir,

On further consideration I am of opinion, that there can
scarcely be a remaining doubt of the propriety of establishing the
trading house with the Choctaws, on the Tombigbee,1 if necessary
the Military Post on the Mobile can furnish a guard to the store,
whether the store should be established at any considerable dis-
tance from the junction of the Tombigbee or the Alabama, or
not you and Genl. Wilkinson will be able to determine. It is pre-
sumable that the Indians will have no objection to a small guard
being placed near the store.

I am &c.

H. Dearborn

P. S. Sir, as Genl. Wilkinson will probably have occasion to go
to New Orleans I have requested him to sound the Government on
the subject of the navigation of the Mobile. It is a subject that
should be handled with great circumspection : — There are some
doubts whether it will be prudent to say anything to the Gov-
ernor, at all, on the subject, but it cannot be improper to en-
deavor by some indirect means to know the Governor's senti-
ments on the subject, if he has any, prior to our establishing a
trading house : — You will see Genl. Wilkinson before he goes to
New Orleans, and will please communicate the contents of this
postscript to him.

(Signed) H. D.

1 It was located at St. Stephens.

552 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from Henry Dearborn.

War Department

Septem: 11: 1802.
Sir,

The chiefs of many of the Indian nations having applied to
the President of the United States, for the suppression of the sale
of ardent spirits in their several nations, and Congress having
authorised the President to comply with their request: — It is
therefore the wish of the President that you adopt such measures,
as will as soon as practicable with due regard to particular cir-
cumstances, prevent the sale of any ardent spirits to the natives ;
In order therefore to effect this object, no trader shall be allowed
to vend any goods to the Indians who shall carry ardent Spirits
into their Country, for sale or other purposes and such as are
now trading under former licenses should be restricted in like
manner.

I am &c.

(signed) H. Dearborn

To Henry Dearborn.

Near Natchez, Novem : 16 : 1802.
Sir,

On the 11th: instant, the Northern mails which were due,
reached Natchez, and brought me your several favors, of the 10 :
11: and 14: of September, the contents of which, I have atten-
tively observed and shall particularly attend to.

The enclosed letter from General Wilkinson will inform you
of his arrival at the Yarsou, (Yazoo) and the preparations made
to commence the retracing of the old Indian line : — My own opin-
ion is that the arrangement adopted will fully answer the purpose
and in point of Oeconomy (economy) and expedition, is perhaps
the best that could have been resorted to.

GOVERNOR WILLIAM C. C. CLAIBORNE. 553

I have by letter (an extract of which is enclosed) consulted
General Wilkinson, relative to the Site, for the Choctaw Factory :
— My letter of the 10. ins. informed you of the arrival of the
goods : — They reached Orleans, shortly after the American De-
posit at that Port was discontinued, and were immediately for-
warded by Mr. Hulings to Fort Adams, where they now are,
under the particular charge of the Assistant Military Agent.
Mr. Chambers the Factor is solicitous to put the business into
speedy operation, so that he may have the advantage of the fall
hunts:1 — I shall do everything in my power to advance the in-
terest of the establishment, and I am certain of the Co-operation
of General Wilkinson. But until this Site is selected and suita-
ble buildings erected, the business must necessarily be delayed. —

* Late accounts from New Orleans, State that the French
General Victor ; with three thousand men is expected in three or
four weeks and that seven thousand will follow in a month or
two; also, that the Governor of Louisiana has received orders
to deliver up, the province: — it is said the secret was told by
the Governor to two or three Ladies, of his acquaintance, who,
have communicated it, to two or three others.

The expected settlement of the French in Louisiana is greatly
regretted by the people of this Territory.

The embarrassment of our commerce at Orleans still con-
tinues.

I am &c.

signed W. C. C. Claiborne

* This is communicated, only as common report, of its
correctness I am not certain, but do still hope that it may be
untrue. —

'The time when the Indians secured, for barter, a large quantity of
peltries.

554 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from James Wilkinson.

Camp near the mouth of the Yasou
Novr: 11. 1802.
Sir,

I arrived here on the 8 : inst. extremely ill & am now scarcely-
able to hold my pen.

Yesterday I received by the hands of Capt. Shaumburgh and
Lieut. Arbuckle, your letter of the 3rd. and 20: Ultmo. — to
which I beg to reply, that having received no information from
the Secretary of War, respecting the arrangements made with
your Excellency, for the means necessary to the re-establishment,
of the Indian boundary, on which I am now engaged, I had di-
rected a Military party to cooperate with me, as the most prompt
& by far the least expensive plan, which could or (in my judg-
ment) can be adopted : — I have with me public tools, (prepared
for the service on the road) public hands, and the public horses,
which accompanied me to Georgia, I therefore have full belief
the operation may be completed at a very inconsiderable expence,
and should circumstances occur to make it necessary, I shall then
crave your assistance and support — The difference in the ex-
pense of the two plans may be fairly taken at $4,500, in favor
of that which I feel it my duty to prefer.

The mouth of the Yasou, which is called for as the beginning
of the old boundary, has, by a breach of the Mississippi, made
through its Banks, & the consequent desertion of its ancient Bed,
been shifted about six miles, which circumstance involves some
difficulty, with the Indian Commissioners, and to this one more
serious is added, the British Surveyor, left his East line entirely
open, and it would seem five or six miles at the beginning of his
South line — The Choctaws expect to see the old line and nothing
less will satisfy them, it of consequence has become necessary for
me to proceed to the Big Black River, in order to exhibit to them
the marked trees, and from thence to retrace the line, back as
far as it can be discovered, after which I shall propose on the
ground of mutual accommodation (and the proposition will be a

GOVERNOR WILLIAM C. C. CLAIBORNE. 555

fair and a sound one) to continue the line to the first Bluff on
the Yasou River, above the inundations of the Mississippi, and
there to fix our beginning, should I succeed the United States, will
make a small acquisition, the Territory will be benefited and the
Indians will not be injured. In the promotion of this plan I
shall march for the Big Black as soon as I have closed this letter,
should the weather and my health permit.

My feeble hand and my giddy head incapacitate me, for com-
municating to the Secretary of War, at this moment, I will
therefore ask the favor of you, to transmit him a Copy of this
scrawl, by the next mail — I regret to find here, the road cuting
entirely neglected, and to learn that every thing military, is in
disorder — I most ascribe these things in a good degree to the
conduct of Col: Butler, who has arrogated to himself unwar-
rantable consequence, and instead of doing his duty, has in my
judgment done in justifiable acts, and now under the plea of
Indisposition has gone to the North-ward, I feel for the public
service and for the discipline & subordination of the Troops

With great respect
I am Sir

your obt. Servt.

(signed) Ja Wilkinson

To James Madison.

Near Natchez

Nov: 24. 1802
Sir, I have the honor to enclose you a duplicate of my letter
of the 5 : instant : — Upon looking over the Original Copy, I find
an omission of a few words in the third enquiry " Claims derived
"under the British and Spanish Government, previous to the
"Treaty of 1795, and unaccompanied by actual Settlement at

556 MISSISSIPPI TERRITORIAL ARCHIVES.

the date of the Treaty — After the word settlement these words
should have been inserted, "within the ceded Territory"

The return of claims in Washington County, have not yet
reached me.

I am &c

(signed) Wm. C. C. Claiborne

To James Madison.

Natchez 25: Novem 25. 1802
Sir,

I have the honor to enclose you an Original Copy of a Com-
munication (together with a translation thereof) which I this
morning received from the Governor General of the Province of
Louisiana, in Answer to my letter of the 28 : Ulto.
I am &c

(signed) Wm. C. C. Claiborne

To Gov. Claiborne, from the Governor General of Louisiana.

Most Excellent Sir,

1 received a few days past your Excellency's esteemed letter
of the 28 : ultimo, in which your Excellency refering to the 22nd.
article of the Treaty of friendship, navigation and limits agreed
upon between the United States of America and the King my
master, has been pleased to enquire after transcribing litterally
the said article (which you find so explicit as not to require any
comment, nor to admit of dubious construction) if his Majesty
has been pleased to designate any other position on the Banks of
the Mississippi, and where that is, if the Royal pleasure does

GOVERNOR WILLIAM C. C. CLAIBORNE. 557

not continue the permission stipulated by the said Treaty which
entitled the Citizens of the United States to Deposit their mer-
chandize and effects in the Port of New Orleans, and you request
at the same time, as the affair is so interesting to the commerce
of the United States, and to the welfare of its Citizens, I may
do you the favor to send you an answer as early as possible.

I can now assure your Excellency, that his Catholic Majesty,
has not hitherto issued any order for suspending the Deposit, and
consequently has not designated any other position on the Banks
of the Mississippi, for that purpose: — But I must inform you,
in answer to your demand, that the Intendant of these Provinces
(who in the affairs of his own department is independent of the
General Government) at the same time, that in conformity with
the King's commands (the peace having been published in
Europe, since the 4th : of May last) he suspended the commerce
of Neutrals, and determined also, upon the propriety of suspend-
ing the Deposit, which had been permitted, tacitly to continue;
and to put a stop to an infinitude of abuses, which were generated
by it, contrary to the interest of the state, and of the commerce
of these colonies, being the result of a knowledge, which he has
acquired of frauds which have been committed, and which the
parties have endeavored to excuse under the pretext of ignorance,
as is manifested by a great number of causes, which now await
the determination of his Majesty, as soon as they can be laid
before him ; not to mention many others, which have been dropt,
because the parties have absconded, who introduced their prop-
erties into the deposit without extracting them and defrauding
the Royal interest.

It might appear on the first view, that particular cases similar
to the present cannot operate against a general privilege granted,
by a Solemn Treaty, and it is an incontestible principle, that the
happiness of nations, depends in a great measure on the main-
tenance of good harmony & correspondence with their neigh-
bours, respecting their rights, and promoting their own, without
omitting those duties which we owe to humanity, and to the

558 MISSISSIPPI TERRITORIAL ARCHIVES.

rights of civil society: But it is also indubitable, that a Treaty,
altho' solemn, in order that it may be entirely valid, aught not
to include any vicious principle, and if it is found pernicious,
and of evil tendency altho' it has been concluded with good faith,
but without a knowledge of its bad consequences in that case,
it becomes necessary to annul it, since Treaties, ought to be
viewed in the same light as other acts of the public will, in which
we ought to respect more the spirit, than the expressions by
which they are framed, and in this view, it will not appear so
repugnant, that the Intendant, after the expiration of the three
years stipulated by the 22nd : Article, and no continuance granted
by the King, and after the abolition of the Commerce of Neutrals,
should not chuse, to take upon himself the responsibility of con-
tinuing the favor, without express commands from the King,
which is also, indispensably necessary for designating a new posi-
tion on the banks of the Mississippi.

From the foregoing, I trust your Excellency, will infer, that
the Intendant, who, directs the affairs of his own Department,
independent of the Governor, will have communicated (in the
regular line of his duty) to the King, his late proceedings in
fulfilling an expressed convention : We have reason to hope that
his Majesty will adopt such measures, as may restore the De-
posit, either in this capital, if he should not find it prejudicial
to the Interests of Spain, or in such positions on the margin of
the Mississippi, as shall be agreeable to his Royal pleasure: —
being confident that the justice and generosity of the King will
not deny to the American citizens all the advantages which, they
can desire, which concession depends not upon the will of, nor
can be granted, by any particular head of Department.

Exclusive of these principles which serve as foundation to
the Intendant's ordinance, I aught also to inform you, that I
myself opposed every reasonable objection in my power to the
suspension of the Deposit, until the reasons deduced by the In-
tendant brought to my view, that as we cannot guard against all
incidents, and that many of an unexpected nature are the produc-

GOVERNOR WILLIAM C. C. CLAIBORNE. 559

tion of time and various circumstances, it is always necessary
to form a just and rational interpretation; notwithstanding these
my ideas, I immediately wrote to the Captain General, in
order to consult him on this business, his reply which cannot be
long delayed, will dissipate any doubt which may have arisen, re-
specting the measures which have been adopted.

At all events, I flatter myself that your Excellency, will con-
tinue in the firm persuasion that the most perfect and constant
good harmony having subsisted, and now actually subsists be-
tween the King, my master, and the United States of America, I
shall use on my part every endeavor for its preservation, being
well assured of equal and reciprocal good offices in the observance
of the Treaty with good faith without ever loosing sight of such
objects as interest the happines and glory of the Nations, in re-
gard to the advantages of commerce; wisely and prudently con-
ducted.

I have the honor to assure your excellency of the respect and
high consideration, which I profess for you, and I pray the most
High, to preserve your life many years. New Orleans 15th:
of November 1802.

I Kiss the hands of your Excellency

your mot. affectionate Servt.
signed

Manuel de Salcedo

Address to Mississippi Legislature.

Mississippi Legislature,

On Wednesday the 9th : of December 1802, the Governor met
the Legislature in the town of Washington, and delivered the
following address.

560 MISSISSIPPI TERRITORIAL ARCHIVES.

Fellow Citizens of the Legislative Council, and of the House
of Representatives.

The uninterrupted state of peace, which has so long been en
joyed by this Territory: — the abundant harvests, which so uni-
formly reward the industry of the husbandman : — the progres-
sive increase of our population, agriculture and commerce; but
above all, the undisturbed possession of our religious and civil
liberties, should awaken in our minds the sincerest emotions of
gratitude, for such signal dispensations of Almighty God.

To promote a continuance of these blessings is a high and
important duty devolving on this assembly, and I persuade my-
self, that influenced, by harmony and wisdom, the result of
your deliberations will be favorable to your supreme object the
general good.

The exertions of the Officers to organize and discipline the
Militia, have been accompanied with great success, and authorize
a hope that this best resource, of a free people, will shortly be-
come an efficient means of defence. Experience, however, has
proven, that our militia laws are still defective. Although a con-
siderable portion of the Citizens, have manifested a great
share of military ardor, and rendered the most cheerful obedience
to the law, I am sorry to say, that this laudable conduct has
not been universal. The militia system should therefore be re-
viewed : — the defects which may be discovered speedily remedied
and the law made sufficiently strong to command and enforce its
execution. A people can never be secure in their rights, but when
prepared with their own arms to resist aggression. The dangers
to which our country may be subjected, will forcibly present
themselves to your reflection, and it is in a time of perfect tran-
quility like the present, that a wise and virtuous government
should leave nothing undone towards establishing and perfecting
the most certain barriers for the preservation of civil liberty, and
the permanent safety of society. —

GOVERNOR WILLIAM C. C. CLAIBORNE. 561

I had the honor to submit to the consideration of the last
legislature, the necessity of making some public provision for the
education of our youth, and I cannot in justice, to the best in-
terests of the rising generation, omit inviting your attention to
this important subject. Your predecessors passed an act entitled
"An Act to establish a college in the Mississippi Territory," but
committed its support entirely to private contribution. Believing
myself, that a support of this kind is too precarious to insure
the welfare of so desirable an institution, I must solicit in its
behalf, the particular patronage of this assembly, and I flatter
myself, such aid will be afforded as existing circumstances, and
the extent of our fiscal resources may admit. Permit me to sug-
gest the propriety of assessing a tax on marriage licenses, and of
endowing the college permanently with the revenue arising from
this source, and also the expediency, of soliciting from Congress,
a donation of land to this seminary. The Ordinance for our gov-
ernment justifies the request, and promises its success.

In contemplating the subjects of legislative concern, which
deserve your consideration, a law for the inspection of Cotton,
appeared to me indispensible. This valuable production should
be fostered by the Government, and placed under the safeguard
of the law. While it remains unprotected there is no security
against carelessness and fraud, which being discovered in a few
instances, might attach a degree of injurious suspicion to our
whole exportation, we should therefore take special care, that the
cotton exported, should be of the best quality, and that its
quality should be attested by some public certificate, in which
the purchaser could repose entire confidence; thus would the
staple commodity of this Territory, acquire and preserve, a good
reputation, both at home and abroad, and meet with sales so
prompt and lucrative as amply to compensate for any expense
which attend its inspection.

There are other objects of a local nature, which from your
own knowledge of the interests of your Constituents, will engage

562 MISSISSIPPI TERRITORIAL ARCHIVES.

your attention, among these the state of the Court houses &
jails, will doubtless be attended to. The jail for Adams district
and County, is so situated and constructed that there remains
no security for the safe keeping of prisoners, unless a degree of
rigor is exercised, which humanity forbids, and the law dis-
countenances.

I have every reason to believe that the existing taxes, should
they be generally collected, will prove amply sufficient, to meet
the current expenses of the government, but to insure such collec-
tion a revision of the act entitled "An Act, to ascertain what prop-
erty in this Territory, shall be deemed taxable property, and
"the mode of collecting, accounting for and paying public taxes"
is essentially requisite. A careful perusal of this act, will suggest
to you the necessary amendments, and I must recommend this
subject as one meriting your earliest attention.

Fellow citizens of the Legislative Council, and of the House
of Representatives:

The anxious solicitude of the people of this Territory, occa-
sioned by the difficulties, under which our commerce is placed,
in consequence of the Spanish Government, with-holding, from
the Citizens of the United States, the privilege of depositing their
merchandizes and effects, at the port of N. Orleans, has not es-
caped my observation, and it is with regret, I inform you, that the
last advices are unfavorable to the prospect of immediate relief.
We may however, rest in confidence, that on this occasion, such
measures will be adopted by the executive and Legislature of
United America, to promote and protect, the general interests
of our common Country, as wisdom shall dictate.

In the course of the session some other matters, which it
may be proper, to lay before you, shall be made the subject of
subsequent communications.

Nothing shall be wanting on my part to facilitate the despatch

of public business, and it will be to me highly gratifying to unite

with you in measures calculated for the advancement of the

general good.

(signed) William C. C. Claiborne

GOVERNOR WILLIAM C. C. CLAIBORNE. 563

To Gov Claiborne, from William Brooks.

Natchez,
Decern: 11th: 1802.
Sir,

The County Court, for October term appointed a Committee,
to examine the situation of the jail of Adams County, Who were
authorised to make such repairs as they might deem necessary
and make a report of the expense at the next term.

They have declined making any repairs, and say, to place the
jail in proper security will cost the County nearly the price of a
new building. Since the order issued, one of the prisoners, a
debtor has broke jail and escaped. My own safety has induced
me to exercise a degree of rigor, which is repugnant to the feel-
ings of humanity.

There are now confined in Adams jail seven prisoners, some
of whom were committeed for trifling offences.

John Fricker, was convicted of manslaughter branded, and a
fine imposed of an hundred dollars and Cost of Court.

Daniel Ryan, if I am not misinformed was tried at June term,
sentenced to pay a fine of thirty dollars, and costs of suit.

Robert Fitzpatrick, alias John Scott for grand Larceny, done
in Jefferson County; he has been confined a long time, has re-
ceived no trial.

William Denman, for Larceny who was tried last term, and
motion made for an arrest of Judgment.

Richard Shiras, for Larceny not tried.

Sally Dunnavan, for Larceny, she is now much indisposed,
her trial was postponed for want of evidence.

James Burns, for assault, tried last term and sentenced to
pay a small fine.

You will permit me to observe from a knowledge of the pris-
oners, that neither of them are able to pay the fine imposed. The
expense accumulating to the County are great, which must be
eventually discharged.

564 MISSISSIPPI TERRITORIAL ARCHIVES.

The jail is extremely insecure, the prisoners suffer much from
the inclemency of the season. They are without fire, and some of
them much indisposed, and no prospect of relief, unless thro' the
mercy of the Executive.

I am &c

(signed) William Brooks, sheriff of Adams County.

Pardons to Prisoners.

William C. C. Claiborne Governor of the Mississippi Terri-
tory:

To all whom these presents shall come, Greeting:

Whereas Daniel Ryan late of the District of Adams, was
lately convicted in the Superior Court of the Mississippi Terri-
tory, for the same district of the crime, of manslaughter, in
feloniously killing and slaying of a negro; and thereupon the
said Daniel Ryan, was adjudged by the same Court, among other
things should be burned in the brawn of the left Thumb, and
pay a fine of thirty dollars, as by the record thereof remaining
in the same Court will more fully appear.

Whereupon I William C. C. Claiborne, Governor of the Mis-
sissippi Territory, by virtue of the powers in me vested and for
divers good causes and considerations me thereunto moving, do
hereby remit the said fine of thirty dollars, which was imposed
upon him the said Daniel Ryan.

In Testimony whereof, I have caused these letters to be made
Patent and the seal of the Territory to be hereunto affixed.

Given under my hand at the Town of Washington, the 10th :
day of December, in the year 1802 and of the Independence of the
United States of America the twenty seventh.

(signed) William C. C. Claiborne.

GOVERNOR WILLIAM C. C. CLAIBORNE. 565

A Pardon in the same form as the above, and dated the 10 day
of December, 1802, remitting a fine of one hundred dollars, im-
posed upon John Fricker who was convicted of manslaughter.

A Pardon in the same form as the above, and dated the 10th :
day of December 1802. remitting a fine of fifteen dollars, im-
posed upon James Burns, who was convicted of Assault and Bat-
tery.

To Henry Dearborn.

Natchez
Decern: 11: 1802.
Sir, I have this day drawn a bill of Exchange upon you, in
favor of Ferdinand L. Claiborne, for the sum of two hundred
and five dollars, payable at five days sight ; This bill is drawn, to
enable me to meet the expenses incurred by the freight of thirty
three boxes of rifles from N. Orleans to Natchez. The accompt
and vouchers will be forwarded by the next mail.
I am &c

(Signed) William C. C. Claiborne

To the Same Natchez Dec : 11 : 1802.

Exchange for 205 dollars
Sir,

At five days sight of this my first of Exchange (second of
same tenor and date remaining unpaid) pay to Ferdinand Lee
Claiborne, merchant, Natchez, or his order, the sum of two hun-
dred and five dollars and charge the same with or without further
advice to your mo: ob: Servt:

(Signed) William C. C. Claiborne

566 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from House of Representatives.

Mississippi Legislature.

The answer of the House of Representatives to the Gov-
ernor's address.

To his Excellency William C. C. Claiborne Governor of the
Mississippi Territory. —

We the Representatives of the people of the Mississippi Terri-
tory, have received with much satisfaction, your Excellency's
personal communication at the opening of the present session of
this Assembly.

We unite most sincerely with your Excellency in offering up
to the Almighty Ruler of the Universe our tribute of thanks-
giving for the manifold blessings, which have been showered
down upon this happy land. For whether we take into view the
abundant returns with which this fertile soil, has rewarded the
toil of the husbandman, the facility, with which his products (in
the midst of the calamities of War) have been carried to profita-
ble markets, or the uninterrupted state of tranquility & repose,
in which he has enjoyed in profusion these advantages, in the
plentitude of civil and religious liberty, the divine favor is equally
conspicuous and cannot fail to call forth the liveliest effusions of
our gratitude.

To promote a continuance of these blessings will be the most
ardent wish of our hearts, and our humble endeavors, shall be
wholly dedicated, to the accomplishment of so great an object.
Your Excellency has well observed, that the result of the delib-
erations of this Assembly, influenced by harmony and wisdom,
will be favorable to our supreme object the general good. We
beg your Excellency to be assured, that on our part nothing shall
be wanting, consistent with our duty, to promote so deairable
an object, as the general harmony of the different branches of
the Legislature, and we possess the fullest confidence that we
shall not be disappointed in our expectation, of a reciprocity of

GOVERNOR WILLIAM C. C. CLAIBORNE. 567

sentiment, a spirit of conciliation, and mutual accommodation,
on the part of our fellow labourers, from which must result the
happiest consequences to the public and to ourselves.

We shall consider it as our duty to pay particular attention
to such objects as are pointed out in your communication and
shall most cheerfully co-operate with your Excellency, in all
measures calculated to promote our grand object the general
good.

The suspension of the deposit at New Orleans for the wares
and merchandizes of the Citizens of the United States, is an
object of most serious regret, and if not speedily remedied, its
results will be most severely felt by this Territory, and by our
Brethren of the Western States. We rely with your Excellency
on the Wisdom and energy of the general government of the
United States possessing the fullest assurance that such measures
will be adopted as shall be dictated by the soundest policy.

(signed) Roger Dixon, Speaker

Representative Chamber
December 13 : 1802

Attest Saml S. Mahan, Clerk.

To Gov. Claiborne, from Legislative Council.

Mississippi Legislature.

The Answer of the Legislative council, to the Governor's ad-
dress.

Sir,

We desire to unite with your Excellency, in pious and grate-
ful acknowledgements to the Almighty God, for the uninterrupted
state of peace we have enjoyed : — the abundant products of our
soil, — the progressive increase of our population agriculture and
commerce; and above all, for the undisturbed possession of our

568 MISSISSIPPI TERRITORIAL ARCHIVES.

liberties, both civil and religious. While sensible of, and thankful
for these inestimable blessings, we are strongly impressed with
the duty which devolves upon us, of endeavoring on our part, as
far as human exertions are required to continue those blessings,
and we trust that under the auspices of the same Divine
Benefactor, our endeavors will not be altogether unavail-
ing.

It is highly gratifying to us to hear that the exertions of the
officers, to organize & discipline the Militia, have been attended,
with great success, but as we entertain all that solicitude for the
peculiar situation of our Country, which your Excellency has
indicated, it is with much regret, we learn that this success has
not been universal. We shall therefore carefully review the
Militia law, and will readily co-operate in making such amend-
ments as may be deemed necessary to command and enforce its
execution.

We participate with your Excellency in a concern for the
best Interests of the rising Generation, and will therefore cor-
dially concur in adopting any additional measure that may ap-
pear calculated to meliorate the Institution of the late Legisla-
ture, for disseminating the invaluable advantages of education.

A law for the Inspection of Cotton we conceive as indispen-
sable; this also, with the various objects of Legislation, your Ex-
cellency has suggested to our consideration, merits, and shall
receive our serious attention.

The Spanish Government's with-holding the usual stipulated
privilege of depositing American merchandizes and effects at the
port of N. Orleans is indeed a subject of much well grounded
solicitude as it materially and universally effects the Interests of
the Territory. Although we possess in common with our fellow
Citizens those feelings which necessarily arise from such an in-
jurious measure, yet from the liberal indulgence which this Ter-
ritory has already experienced from Congress, and from the pe-
culiar, early and unceasing attention, it has received from the
present Executive of the Union, we rest will full confidence that

GOVERNOR WILLIAM C. C. CLAIBORNE. 569

our grievance will be redressed as speedily and effectually as pos-
sible. We were happy to observe your Excellency's diligence
on this occasion, in obtaining Intelligence relative to the event
and communicating to the National Administration.

Permit us, Sir, to express what we continue to entertain, the
highest sense of your Excellency's Patriotism, and constant at-
tention to the interests of the Territory.

(Signed) John Ellis, President of the Council.

Washington

December 15 : 1802

To Judges Lewis, Bruin and Ker.

William C. C. Claiborne, Governor &c of the Mississippi
Territory.

To the Honorable Seth Lewis, chief Justice, Peter Bryan
Bruin, second Judge, and David Ker, third Judge of the Missis-
sippi Territory.

Whereas several persons are now confined in the jail for the
District of Adams charged with offences against the laws of this
Territory and it is deemed expedient to bring the said persons
speedily to trial, I have thought proper "by and with the advice
and consent of two of the Legislative Council," to issue this my
Commission, to the said Seth Lewis, Peter Bryan Bruin, and
David Ker Judges of the Superior Courts of this Territory au-
thorising them or any two of them to hold (at the usual place of
holding Courts in the Town of Natchez) on Tuesday next, the
21st of December, in and for the District of Adams " A Court
of Sessions of the peace, Oyer and terminer, for the trial of
offenders and to hear, try and determine all crimes and misde-
meanors, of what nature or crime soever, wherewith such offend-

570 MISSISSIPPI TERRITORIAL ARCHIVES.

ers or any of them shall stand charged and to give Judgement
and award execution thereon.

In Testimony, whereof, I have caused these letters to be made
Patent and the Seal of the Territory to be hereunto affixed.

Given under my hand at the Town of Washington,

the Tenth day of December in the year of our Lord

j of "the [ one thousand eight hundred two, and in the Indepen-

( erntoryj <|ence 0f ftie United States of America the twenty

seventh.

(signed) William C. C. Claiborne

To William Scott.

Town of Washington Dec. 18 : 1802
Sir,

I shall cause your appointment, as one of my aids de Camp,
to be notified in general orders and flatter myself, that you will
for the future consider yourself as fully vested with the powers
attached to that office.

I wish you to furnish yourself with all convenient despatch
with a suit of Uniform and to hold yourself in rediness to ac-
company me to Jefferson County on the first day of January
next, when I have promised to dine with the officers of the first
Batallion of the second Regiment.

You will rank as my second aid ; — The appointment of first
aid has been conferred upon Captain Claiborne,1 who I have
understood was the senior Captain, while you were brother offi-
cers in the army of the United States.

Present me respectfully to your Lady and believe me to be,
with great sincerity —

your friend

(signed) William C. C. Claiborne

1 Ferdinand L. Claiborne, captain regular army October 23, 1799.

GOVERNOR WILLIAM C. C. CLAIBORNE. 571

To Abner L. Duncan

Washington Decern: 18: 1802.
Sir,

On yesterday, I issued a Commission to the Judges of the
Superior Court, authorising them, or any two of them, to hold
in and for the District of Adams on Tuesday next the twenty
first of December, "A Court of Sessions of the Peace, Oyer
"& Terminer, for the trial of offenders." — This information is
communicated to you, in order that you may attend and be pre-
pared to prosecute in behalf of the Territory.

I am &c

Signed William C. C. Claiborne

To Henry Dearborn.

Natchez Decern : 21 : 1802
Sir,

On the 11th: instant, I drew a bill upon you for two hundred
and five dollars, payable at five days sight, to Ferdinand L. Clai-
borne, merchant at Natchez, or to his order, and now enclose you
the accompt and vouchers, which occasioned that draft, in order
that the accompt may be closed in the Books of the War Depart-
ment.

The expense for freight &c: of the rifles has been greater
than I expected, but they are such as are usually paid.

The rifles which have been distributed to the Militia, were
sold at fourteen dollars, each, payable in Cotton at the Cash
price: — the Cotton to be delivered on or before the first day
of February next — no payments have yet been made.

An early acknowledgement of this letter with its enclosures,
will be to me satisfactory, I not having taken duplicates of one of
the vouchers (viz) the Bill of lading and the receipt thereon for
one hundred and twenty three dollars & seventy five cents.

I am &c.

Signed William C. C. Claiborne

572 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

Near Natchez
December 21 : 1802.
Sir,

On the 5th : instant, the Legislature of this Territory ( agree-
able to law) met at the town of Washingtin, and on the 8th:
a quorum of the two houses, being assembled, I delivered to them
an address, a copy of which together with the answers returned
thereto by the Houses respectively, you will find in the papers
enclosed.

The Commission which was forwarded to Mr. David Ker,
was received by the last mail and he has entered on the duties
of his Office1

Mr. Ker's appointment has given much satisfaction to a great
portion of the citizens, and he is in my opinion a valuable acqui-
sition to our Territorial Bench.

The Port of Orleans still remains shut against the American
deposit : — American produce is permitted to be received by ves-
sels laying in the stream, but the landing of the produce is un-
conditionally forbidden. Indeed so rigorous is the Government in
this point, that in a late instance where a cotton boat was upset
by wind opposite to the Port of Orleans, there was some difficulty
in obtaining permission to place the cotton taken from the river
on the Levee.

Notwithstanding the declaration of the Governor General of
Louisiana in his letters to me, I am firmly persuaded that the In-
tendant's Proclamation was directed by the Spanish Court, this
is the opinion of some of the best informed Citizens of the United
States residing at Orleans.

It is believed that the French will take possession of Louisiana
in the course of the Winter or early in the Spring.

I am &c.

(Signed) William C. C. Claiborne

1 One of the territorial judges.

GOVERNOR WILLIAM C. C. CLAIBORNE. 573

To James Wilkinson.

Near Natchez 24: Dec: 1802
Sir,

Your letter of the 14 instant, was yesterday handed to me, by
Cap : Shaumburgh, and I am gratified with your approbation of
my application to the Governor of Louisiana : — It being my first
wish, that my acts should be approved of, by just and wise men:
— I have however concluded, not to give the correspendence be-
tween that Governor and myself publicity, because having trans-
mitted to the President of the United States, it will by him, be
given to the public, if the publication be proper.

The paragraph, marked, in your letter relative to your red
associates, and the difficulties you have had to encounter in es-
tablishing the boundary line between the Choctaws and the
United States, shall be given to the public: — its effect upon
the Indians, as well as our Citizens may be beneficial.

It is continued to be understood here that the French will take
possession of Louisiana, in the course of the Winter, or early
in the Spring, but how far this understanding may be correct,
I cannot say : — but it would seem from the information of your
Eastern friend, that if they intend doing so, that their movements
in relation thereto, must be made very secretly.

I am truly anxious to see you as well on subjects of public
as personal interest, and no common impediments shall prevent
my leaving this on the 4: of January next for the purpose of
passing with you two or three days; — perhaps I may set out
an earlier day but then most certainly.

I am &c,

Signed Wm. C. C. Claiborne

To Henry Dearborn.

Natchez Jany. 3 1803
Sir,

I have this day drawn on you, in favor of Capt. James Ryan,

for one hundred dollars and twenty five cents: — this draft is

574 MISSISSIPPI TERRITORIAL ARCHIVES.

drawn to meet the payment of a draft drawn on me by Silas
Dinsmoor agent to the Choctaws, in favor of General Wilkinson
and by him endorsed. Mr. Dinsmoor's draft is in the following
words :

*— . . , .' ^

"Sir,

At sight please to pay to Brigadier General James Wilkinson
"or his order a hundred dollars and twenty five cents being for
"cash advanced for contingencies in the Choctaw Agency, and
"you will oblige Sir,

your most obedient
signed Silas Dinsmoor

Agent to the Choctaws.
"23d: October 1802.
"His Excellency

Governor Claiborne"

I deem it proper to be thus particular in this my letter of
advice, in order that you may be well informed of the detailed
expenses of the Indian Agencies under my superintendance, ex-
pecting that to be so, will be satisfactory to you

I have the honor to be &c

signed Wm. C. C. Claiborne

To James Madison.

Natchez January 3rd : 1803
Sir,

The enclosed hand bill has this moment reached me; — it
has every appearance of being an official publication —

The conduct of the Spanish Government in Louisiana, is
indeed extraordinary; of late their acts manifest a determined
hostility to the U. States.

GOVERNOR WILLIAM C. C. CLAIBORNE. 575

The violation of the Treaty, so far as related to the deposit
at Orleans, gave rise to much agitation in this Territory, and this
recent attack upon every principle of friendly intercourse, and of
those acts of civility which ought to take place, between two
nations in a state of peace, has rendered the ferment still
greater.

We have in this part of the Territory, about two thousand
Militia, pretty well organized, and with a portion of this force
(say six hundred men) my opinion is, that New Orleans might
be taken possession of provided there should be only Spanish
troops to defend the place.

I deem it my duty to inform you, that there are in Orleans
and on the Coast, a number of Inhabitants devoted to the Ameri-
can interest, and in the event of hostilities, would most certainly
join the American standard.

I am &c

(Signed) William C. C. Claiborne

To Gov. Claiborne, from Gideon Granger.

Genl : Post Office
Novr: 12: 1802
Sir,

I have the pleasure to acknowledge the receipt of yours of
the 6: of Sept: and to inform you, an office is established at
Greenville, and Doctor Shaw appointed Postmaster.
I am &c

(Signed) Gidn. Granger

576 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from David Rawn, Clerk in Treasury.

Treasury Department

Comptroller's Office
Decemr: 4: 1802.
To the Same
Sir,
Your accompt, for stationary, furnished for the use of your
Office, from the 1st. of January to the 30 : of June 1802, has been
adjusted at the Treasury and the sum of thirty seven dollars
and seventy five cents, stated to be due to you from the United
States, agreeably to the accompt rendered, which will be paid
under the direction of the Secretary of the Treasury.
I am &c

David Rawn
Actg as Comptr.

From James Madison to Gov. Claiborne.

Department of State

Novem: 29: 1802

I commit to your particular attention the inclosed letter to
Mr. Hulings which covers others from the Spanish Minister here
on the subject of the late decree at New Orleans against the
deposit of American merchandize at that place. The letter
to Mr. Hulings is left open that you may know the light in which
this proceeding is viewed by the President, and the steps taken
in consequence of it. You will be sensible of the importance
of hastening the transmission of the dispatch. If a satisfactory
conveyance be not at hand, and particularly if the progress of
the merchandize down the river should require an immediate one,
the President wishes you to make use of a hired Express. .

I am &c

Signed James Madison

GOVERNOR WILLIAM C. C. CLAIBORNE. 577

To Wm. E. Ruling.

Near Natchez,
January 12: 1803
Sir,

The enclosed letter I have just received and from the im-
portance of the subject referred to, I have thought proper to
forward it to you by express. The general Government feels
seriously the insult that has been offered us, and will take
the necessary measures to insure reparation for the injuries
our commerce has or may sustain. The Executive (as I ex-
pected) views the Proclamation of the Intendant as a direct vio-
lation of our Treaty with Spain, and has demanded an immediate
explanation from that Court.

By the return of the express, I solicit your opinion upon, the
following particulars, as I wish to make a communication relative
to them, to the Secretary of State.

Was the Proclamation of the Intendant under the direction
of his Court, or did it proceed from his own will?

At what period is it supposed the French will take possession
of Louisiana, and are any, and what preparations, making by the
Spanish Officers, for the delivery of the Province? and finally,
I pray you to transmit me, any general information as to the
state of things at Orleans, which may effect the American In-
terest; the more particular, the more acceptable, as the most
minute matters may be of importance to our Country.

I am &c.

Signed Wm. C. C. Claiborne

To Gov. Claiborne, from Wm. E. Hulings.

Translation of the Ptoyal Order for the delivery of the Prov-
ince of Louisiana, viz.

"I have received the following information from the Minister
of War. By a paper of the 15th. Current, the Senr. Dn : Pedro
Cevallas, informs me as follows.

578 MISSISSIPPI TERRITORIAL ARCHIVES.

The King having ceded to the french Republic, the Colony,
or Province of Louisiana, in its actual extent, and as it was
possessed by the French, when they ceded it to his C. M. I
communicate to you the Royal Order, that disposition may be
made for the delivery of the said Province to the french Commis-
sary, or Commissaries that for such effect shall present them-
selves, with due authority, from the Government of the said Re-
public, which Royal resolution I have transmitted to the Capt.
General of Louisiana, advertising him that it was also the will
of the King, in what respects the fixed Regiment, and other vet-
ran troops that Garrison that Province, that the Individuals,
that voluntarily wish to remain under the dominion of his Maj-
esty may pass (the delivery of the Province being made) to Ha-
vanna, where they will receive their destination" I communi-
cate to you this Royal Order, that you may concur in what re-
spects you — towards the accomplishment of this Sovereign de-
termination. God preserve you many years.

Madrid 30: July 1802. Signed Solen

Sen. Intendant of the

Prov. of Louisiana
Per Intn

New Orleans December 24 : 1802

Sir the preceding is a translation of the Order for the deliv-
ery of the Province, I procured the Spanish Copy from a Friend ;
It is not yet communicated publicly by Government.

I am &c

Signed Wm E. Hulings

To Wm. E. Huling.

Near Natchez
January 13 : 1803
Sir, I this day received your favor of the 24th : ulto : contain-
ing a translated copy of the Royal Order, for the delivery of the

GOVERNOR WILLIAM C. C. CLAIBORNE. 579

Province of Louisiana to the French Commissary or Commis-
saries that for such effect shall present themselves, with due
authority from the Government of said Republic. This order I
consider as official, and its contents of material concern under
existing circumstances, to the Government of the United States.

In my letter under date of the 12: inst: I have communi-
cated in detail my wishes relative to the acts of the Provincial
Government at New Orleans, that letter, will be handed you to-
gether with this by the express.

I am &c

Signed Wm: C. C. Claiborne

To Gov. Claiborne, from Henry Dearborn.

War Department

Decern: 6: 1802
Sir,

Your letters of the 4: & 5th. of October have been duly re-
ceived, with their enclosures. The character and conduct of Mr.
Mitchell, is so little known, as to render it doubtful whether any
augmentation of his compensation would be proper or not — the
general impressions relative to him as an agent, have not been the
most favorable, but if it shall appear on further enquiry, that
he is entitled to the confidence of the Executive, and that his situ-
ation and exertions will warrant an additional allowance it will
be given. In the mean time I will thank you Sir, for your opinion
of him as an agent, and on the propriety of making him an addi-
tional allowance.

The President is disposed to gratify Maj : Colbert, in his re-
quest respecting the education of his son and requests that he
may be sent to this place for the purpose.

I am happy in hearing of the recovery of Mr. Dinsmoor, altho'
I cannot approve of his conduct in the duel ; I am persuaded that

580 MISSISSIPPI TERRITORIAL ARCHIVES.

he will be very useful as an Agent: — I think he possesses as
many of the necessary requisites, as any man of my acquaintance.
And I trust that Mr. Chambers will execute the duties of his trust
as Agent to the Factory with the Choctaws, with fidelity and pro-
priety— The President is extremely anxious for the increase of
population on our South Western frontiers and will give every
encouragement in his power to so important an object: It is ex-
pected that a settlement will be made this session of Congress
with the purchasers of Georgia lands, and that boundaries will
be determined by General Wilkinson, will afford openings for
many new settlers.

I am &c

(Signed) H. Dearborn.

To Henry Dearborn.

Near Natchez
January 17: 1803
Sir,

Your letter of the 6 : ult. I have had the pleasure to receive,
Mr. Mitchell has been known to me, for several years, and I
have thought him a very honest man, but of his general conduct
as an agent, I am not sufficiently informed to say, how far he
has merited the confidence reposed in him for some time past,
Mr. Mitchell has experienced a great share of sickness and which
occasioned inattention to his Agency, He however is now re-
stored to health and promises to exert himself in forwarding
the views of the Executive, in relation to the Indians. I think
it advisable for the present, to retain Mr. Mitchell in office, but
the question as to the increase of salary I would wish suspended
until his situation and exertions as an agent are better
understood.

Major Colbert shall be informed, of the President's disposi-
tion to grant his request, respecting his son, and I will direct
him to be sent to the city of Washington in the Spring.

GOVERNOR WILLIAM C. C. CLAIBORNE. 581

•

I am much pleased with Mr. Dinsmoor and am persuaded, he
will be very useful as an Agent, to the former exertions and good
conduct of this Gentleman, may be attributed the progress of
civilization, among the Cherokees, and I flatter myself his en-
deavors will prove alike successful among the Choctaws.

Mr. Dinsmoor is now in Natchez, but will set out for the
nation in twelve or fourteen days; he will take with him the
Choctaw annuity for 1803, and I have it in contemplation to di-
rect his passage by the route of Orleans. — Altho' the Spanish
Government have of late acted so base and treacherous a part
towards the American commerce, I presume, they will not be dis-
posed to intercept the presents for the Choctaws, and I suppose,
I run no risque in sending the annuity by the way of Orleans and
Mobile. Indeed if the Spaniards should stop the Annuity, it
would not be to me a cause of much regret, for the certain conse-
quences would be a loss of their influence among the Choctaws,
which of late they have discovered an uncommon solicitude to
preserve.

The extension of the line (running parallel with the Missis-
sippi) between the U. States and the Choctaw Nation, will, I
suppose, be completed in about twenty days. I very lately paid
a visit to General Wilkinson, and found him progressing rapidly
with the work. The line embraces a much larger tract of fertile
land than was expected, and is consequently highly satisfactory,
to the citizens in this quarter. My visit to the General, arose
principally from a desire to confer personally with him, on the
business of the Choctaw factory: — He is decidedly of opinion,
that the establishment should be made on the Tombigbee, and an-
ticipates no difficulty in making the necessary arrangements
with the Government at Orleans. — But his employment on the
line having prevented his immediate attention to this subject, a
delay in the establishment of the Factory, has been unavoida-
ble.

Mr. Chambers, the Factor greatly regrets the delay of his
business : — He seems to have the welfare of the Institution much

582 MISSISSIPPI TERRITORIAL ARCHIVES.

at heart, and will in my opinion execute the duties of his trust,
with fidelity & Propriety.

Until the Site for the Factory, is finally determined on, which
I sincerely hope will be done in a few weeks, I have requested
Mr. Chambers to remain with me, for his assistance, which he
has been polite enough to tender, I find very essential in my office,
the business of which is amply sufficient to Justify the employ-
ment of a permanent Clerk, and here allow me to say, that if
I had permission to employ one it would conduce to the benefit of
the public service.

I have received no recent dispatches from New Orleans: —
At the date of my last letters, the port still remained shut against
the American Deposit, and it was not understood, that the decree
of the Intendant is likely to be revoked.

I am &c:

(signed) Wm C. C. Claiborne

To Henry Dearborn.

Mississippi Territory
Town of Washington
January 19th. . 1803
Sir,

I this day bargained with Mr. Joseph Calvit, for forty one
acres of land which includes the Site which had been selected for
the new post;1 an ample supply of timber for the contemplated
buildings and of firewood for the use of the Garrison for several
years.

The price Pr. acre, is fifteen dollars, which I fear, will appear
to you extravagant, but I do assure you Sir, that from the singu-
lar advantages which this little tract possesses; — Its contiguity
to the town of Washington, the healthiness of the situation: —

1 Fort Dearborn, which for many years was the most important military
post in Mississippi Territory.

GOVERNOR WILLIAM C. C. CLAIBORNE. 583

the great elegance of the Site, fertility of the soil, the plentiful
supply of good Spring Water, the consideration Pr. acre is far
from being high : — Indeed I could at private sale, sell the prem-
ises for a greater sum, than I have contracted to give.

The expense of the contemplated establishment (exclusive of
the land) will be very inconsiderable. The hauling of the timber
may be done by a public team, and the necessary sawing hewing
&ca: and puting up the block houses will be performed by the
soldiers.

General Wilkinson has ordered a company from Fort Adams,
to occupy the new post, and to erect the block houses, which when
completed, I must again recommend as a proper place to deposit
the spare arms and Military stores, which are now at Fort
Adams. Fort Adams is a barrier post on our extreme frontier,
and consequently, not a fit position for a large Military deposit,
but the new Garrison is near the center of our population and
could be resorted to by the great body of the people in the time of
danger.

I shall send you by the next mail a plan of the survey of the
Site, and I flatter myself, that the discretion I have exercised in
relation to the quantity of land purchased will receive your ap-
probation.

I am &c

Signed Wm. . C. C. Claiborne

To James Madison.

Near Natchez

January 19 : 1803.
Sir,

On the 10th: instant, I had the honor to receive your favor

of the 29th: of November last, together with its enclosures. A

private opportunity not having offered, I despatched by a hired

584 MISSISSIPPI TERRITORIAL ARCHIVES.

express the letter to Mr. Hulings, and I presume it has by this
time reached him.

At the date of the last advices from New Orleans, that post
continued shut to the American deposit, and it was not under-
stood that the Intendant was likely to revoke his decree ; — I am
however fully persuaded, that the serious light in which the
subject is viewed in the United States: — the demand of repara-
tion for the injury our commerce may sustain, together with
the advice from the Spanish Minister, will induce the Intendant
to rescind his Edict, if it has really arisen from his own will.

The enclosed paper purports to be a copy of the Royal Order
for the delivery of the Province to the Republic of France; It
was forwarded to me, by Mr. Hulens, and there is little ground to
doubt its authenticity.

I am Sir &ca.

Signed William C. C. Claiborne

To James Madison.

Near Natchez
January 20 : 1803
Sir,

I have lately received a return of the claims which have been
filed in the County of Washington, general abstract of which,
I now have the honor to enclose you.

Most titles which have been exhibited in Washington County,
are very incomplete. It is not believed, that any of the Citizens
claiming under Spanish sales, had obtained patents previous to
October 1795, but remained in possession of their lands, by
virtue of an order of survey from the Governor General, which
is commonly called a Grant; with regard to this species of title,
I was explicit in my letter of the 5th: of November, and to
which I beg leave to refer you, with this additional observation,

GOVERNOR WILLIAM C. C. CLAIBORNE. 585

that it was not until after the conquest of Florida, by the Span-
iards, that they introduced the custom of issuing patents; pre-
vious to that time a warrant of survey and possession was the
only mode of Spanish conveyance, and subsequent to the period
alluded to, this kind of title after three years occupancy was es-
teemed valid.

Abstract No. 1. exhibits the quantity of land claimed under
British and Spanish Grants.

Abstract No . . 2 exhibits the quantity of land claimed under
British and French Patents.

Abstract No. 3 exhibits the quantity of land claimed (under
Occupancy) by persons who were actual settlers within the
Ceded Territory in October 1795.

There are also, in the County of Washington one hundred
and eight heads of families, who have settled vacant land, and
made considerable improvements subsequent to 1795.

I flatter myself that to these Citizens a right of pre-emption
will be given, and I do sincerely believe, it would be good policy
to sell the land low to actual settlers : — It will be the only means
of preventing a considerable emigration to Louisiana, from this
most remote and vulnerable part of the United States.

A letter from Mr. Richard Lee Clerk of Washington County
accompanying the return of Claims is also enclosed.

I am &c

(signed) Wm C. C. Claiborne
N.B.

The original papers exhibiting the Claims of the Citizens of
Washington County to their lands are filed in my Office, it
having oeen considered not material to forward them, as their
substance is selected and brought into due view, in the enclosed
abstracts, if however they should be wanted, on intimation there-
of they will be forwarded. W. C. C. C.

586 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from James Wilkinson.

National boundary

January 23 : 1803.

Sir, I have the pleasure to inform you, that I the last evening
compleated the Choctaw boundary, but was somewhat perplexed
to ascertain this boundary, which is not more obvious than an
ordinary Choctaw trace: — to ascertain my distance from the
Mississippi, I shall measure Mr. Ellicotts traverse, until I find
some clear Testimonial to satisfy me in this particular, and if not
delayed by high Waters, I will reach Fort Adams the 27 or 28th :
— To save time and expense, I send you under cover a memo-
randum of articles which I wish for the accommodation of Choc-
taw Commissioners and Guides: — which I will thank you to
order down to Fort Adams, where the Cloaths may be made by
the Regimental Taylors and properly fited. — These articles being
promised to them, I shall be obliged to purchase if they are not
furnished from the public goods, which is consonant to the ideas
of the Executive conveyed to me by the Secretary of War.

I am &c

signed Ja Wilkinson.

Memo: of Articles for the Choctaw Commissioners and
Guides, transmitted his Excely. Govr. Claiborne —

3 full trimed long coats, blue & buff.

2 Blue Capots, red cuffs & Capes.

3 white Watch Coats.

5 Hats.

6 fine white Shirts.

4 Calico do —

5 Pr. scarlet leggins.
5 Blue flaps.

January 23. 1803

(Signed) Ja: Wilkinson

Commissioner of the United States.

GOVERNOR WILLIAM C. C. CLAIBORNE. 587

To James Wilkinson.

Washington

January 29 : 1803
Sir,

I received yesterday your letter of the 23rd: inst and am
happy to learn that you have completed the Choctaw Boundary.
After you have ascertained your distance from the Mississippi
and shall have arrived at Fort Adams, I will thank you (when
leisure permits) to give me an opinion as to the quantity of land,
to which the Indian Claim has been extinguished.

The presents which you have promised the Choctaw Commis-
sioners and guides, they have well deserved. It however is not
in my power to furnish them from the fund you suggest; since
among the Choctaw Annuity (now at Natchez) there is no cloth-
ing of the description you have mentioned, and if there was, it
would seem unjust to reward the Commissioners and guides from
that source; and I have no authority to appropriate (in this way)
any of the goods destined for the Factory.

I have understood, that there are two stores at Fort Adams,
where I presume you might purchase the articles specified in your
memorandum and no doubt the cost thereof, would be, immedi-
ately, paid to your draft by the Secretary of War, — Or if you
should prefer to draw a bill upon me in my Character as super-
intendent of Indian affairs, it will be duly honored.

In your letter of the 15: instant which was handed me by
Captn: Shaumburgh, you express an intention (after the line
was completed) of calling upon me, "for such aid, as might be
necessary to reimburse expenses." — Upon reflection, it appears
to me most proper that these expenses should be met by your
draft, immediately, on the Secretary at War ; in as much as from
our correspondence copies of which have been transmitted to
the War office, it appears that the expenses of the line, were to
have been directed exclusively by you.

I am &c

Signed Wm. C. C. Claiborne

588 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

Mississippi Territory
Near Natchez
Jany. 28: 1803
Sir,

The express which I despatched to New Orleans, on the 11 :
instant, returned yesterday and brought me the enclosed packet,
accompanied by a letter from Mr. Hulings, a copy of which is
herewith forwarded.

It seems the Intendant is firm to his purposes and that
the deposit will not be restored.

This Intendant is represented to be a man of handsome
talents, and extensive fortune, that he should risque his repu-
tation and estate by persisting in a measure of this kind without
authority from his Court appears to me extraordinary.

The boats from the Westward are arriving daily at Natchez :
I have understood that there are many vessels now in the port
of Orleans waiting for freight, which they received on board,
while lying at anchor in the stream. But as the American De-
posit, is no longer permitted, and foreign vessels prohibited from
trading to Orleans, it will probably follow that few for the future
will enter the river. The consequence then will be, that the
number of vessels will be insufficient for the demand, and the
surplus produce of the West, will be lost to our Country and to
the industrious farmer.

I am &c

Signed Wra. C. C. Claiborne.

To Henry Dearborn.

Near Natchez
January 31. 1803.

Sir,

Your circular letter of the 8th of Decern: together with its

enclosures, I have had the honor to receive, I shall give the

GOVERNOR WILLIAM C. C. CLAIBORNE. 589

necessary directions for carrying the law of Congress, you refer
to, into effect, and in a short time, I shall transmit you a com-
pleat statement of the Military strength of this Territory.

In my letter of the 17: of September last, I suggested the
propriety of appointing a Brigadier General, in the Militia of
this Territory, and took the liberty to express a wish, that Colo :
Benajah Osmun, the Officer at present commanding the Brigade
might be promoted.

The appointment of a General would certainly tend to the
perfecting of the Militia, and I am firmly persuaded, that if
the President, should confer the appointment upon Colo. Osmun,
he would discharge his duty with usefulness to his Country and
credit to himself. If a Junior officer of the Militia was appointed
General, it would certainly create great dissatisfaction in the
Brigade.

I am &c

signed Wm C. C. Claiborne

To Henry Dearborn.

Near Natchez, February 15th. 1803.
Sir,

Enclosed is a Map of forty three acres of land purchased
for the new Garrison. I have obtained a deed for the land
and so soon as it is recorded in the proper office, I will forward
to you, the Original Copy.

After the Surveyor had made an accurate calculation he
found there was forty three acres included within the survey,
two acres more than I named to you in my letter of the 19th.
ulto.

To avoid the expense of purchasing timber for the contem-
plated buildings, and fuel for the use of the Garrison and to se-
cure ground sufficient for convenient gardens, and to prevent

590 MISSISSIPPI TERRITORIAL ARCHIVES.

the Citizens from erecting tippling houses immediately in the vi-
cinity of the Fort, which invariably produces irregularities
among the troops, I deemed it expedient to contract for the quan-
tity of land above mentioned.
I am &ca

signed Wm. C. C. Claiborne

To Gov. Claiborne, from James Wilkinson.

Fort Adams
February 18 : 1803
Sir,

My incessant engagements since my arrival at this place, have
prevented the earlier acknowledgement, of your letter of the 29 :
Ultimo.

The sketch of the Indian concession is nearly compleated, soon
after which I shall transmit you a copy with a calculation of the
contents, which will exceed 1.900.000 Acres. — When I addressed
you on behalf of the Choctaw Guides and Commissioners, for the
small presents promised to them, the idea of furnishing them
from the donation goods rested on the enclosed extract of a
letter from the Secretary of War to me; and my reference to
the goods destined for the Factory, was suggested by a desire to
save the public the heavy advance of the Country on such articles.
But as the amount will be inconsiderable, I have determined to
furnish them agreeable to your recommendation, and when the
Chiefs are Equped will transmit you the account.

The remark offered to you in my letter of the 15 : Ultimo,
respecting the reimbursement of the expenses incurred in es-
tablishing the Choctaw boundary, was founded on information
received from yourself, that the Secretary of War, had instructed
you to make the necessary provision for the occasion, and had
authorised you to draw on him for the amount ; It must certainly

GOVERNOR WILLIAM C. C. CLAIBORNE. 591

be considered a happy circumstance, that I should be able to
save the expenses contemplated, and to accomplish the busi-
ness without imposing the least trouble on your Excel-
lency; It was obviously the intention of the Executive, that
the disbursements should pass through your hands, and as I have
received no Counter Orders, altho' copies of our correspondence
were transmitted by me to the Secretary of War, in November,
I think it may be fairly inferred, that no change of disposition
has ensued, and therefore with the utmost deference to your
opinion, I remain under the impression that this is the proper
course for the business, and that it would be manifestly improper
for me, to draw on the Secretary of War, without being instructed
to do so. I have therefore felt it my duty to submit to you Sir,
under another cover, a Genl : acct : of the disbursements in ques-
tion, and to make application to you for reimbursements, without
which the further views of the Executive of the United States,
confided to me, must be delayed and may be defeated: I will
therefore hope that you may on reconsideration, see the subject
in the same light it strikes me, and that you may think proper to
favor this address -with much consideration and respect.

I am &c

(signed) Ja Wilkinson

To Gov. Claiborne, from James Wilkinson.

Fort Adams

Feb. 18: 1803.
Sir,

I have the honor to inform you that having closed the account
of the expenses incidental to the establishment of the Choctaw
boundary, conformably to the stipulations of the Treaty of Fort
Adams, (as far as was practicable) I find the amount to be cor-
respondent to the within statement, which I have discharged and

592 MISSISSIPPI TERRITORIAL ARCHIVES.

shall hold the vouchers for the final adjustment of my accounts
at the Treasury, in the mean time it becomes essential to the
further objects of Government, that I should be reimbursed this
sum, and my only resort in this case is to your Excellency, who
has been authorised by the Secretary of War, to provide for the
occasion of these expenses: — I will therefore request of you
to be so obliging as to transmit me the amount of the within
account, for which I shall give you duplicate receipts to be passed
to my debit in the proper office.
With &c

Signed Ja Wilkinson.

Dr" The united States in a|c with-

Brigadr. General James Wilkinson
For various disbursements made by him, incidental to the estab-
lishment of the Choctaw boundary line agreeably to the Treaty
of Fort Adams, for which he holds regular vouchers. Dollrs.
2.155.00

Certified this 18: day of Feby. 1803

signed Ja Wilkinson

To James Wilkinson.

Town of Washington

February 23 : 1803.
Sir,

Your letters under date of the 18th : were duly received.

Upon mature reflection, it continues to be my opinion that the
expenses of the line, should be met by your drafts immediately
on the Secretary of War.

In a letter from the Secretary of War to me, of the 7th.
of June last (an extract from which, I have heretofore enclosed
you) he thus expresses himself "should General Wilkinson sue-

GOVERNOR WILLIAM C. C. CLAIBORNE. 593

ceed with the Choctaws in obtaining their consent (and of which
you will be informed) I have to request that your Excellency,
will appoint some capable person to assist him, as Surveyor, and
also to procure chain men, pack horses, provisions and stores on
the most reasonable terms. Your bills on this Department for
any expense which you may incur in the business will be accepted
and paid on the shortest notice." It appears to me that from the
letter as well as the Spirit of the above quotation, I am not au-
thorised to draw for any other than such expenses as I had either
directed or incurred.

Previous to my communicating to you, the tenor of the Sec-
retary's letter of the 7 : of June, you had adopted a course for the
establishment of the Choctaw boundary, diiferent from that pre-
scribed to me by the Secretary of War, and which you deemed
it your duty to prefer as being the most aeconomical and ex-
peditious; your letter to me on this subject of the 11th of Novem-
ber last I transmitted to the Secretary of War, and at the same
time expressed it as my own opinion "that the arrangement (you
had adopted) would fully answer the object, and in point of
Oeconomy and expedition, was perhaps the best that could have
been resorted to." In this opinion I am now confirmed.

Under the circumstances it seems to me there can no diffi-
culty arise to the War Office in honoring your drafts to meet the
expenses incurred in establishing the Choctaw boundary. If
my endorsement of your bills drawn to meet these expenses
would afford you any accommodation, I will with pleasure do so :
-As it will be to me always highly satisfactory, to cooperate
with you, in forwarding the public interest.

I am &c

(signed) Wm. C. C. Claiborne

594 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from James Madison.

Department State

January 17 : 1803
Sir,

I duly received your letter of the 25 Novr- inclosing the
letter to you from the Governor at New Orleans, in which it was
stated that the Intendant in arresting the course of our trade
had acted without orders from the Spanish Government as well
as contrary to the opinion of the Governor, This communication
was laid before Congress by the President. You will find by the
resolution of the House of Representatives herewith inclosed the
principles and purposes entertained by that branch of the Gov-
ernment on the subject of the Western rights and interests of
the Union. The President having them not less at heart has with
the concurrence of the Senate appointed Mr. Monroe the late
Governor of Virginia a Minister Plenipotentiary and Extraor-
dinary immediately to France, and eventually, if expedient to
Spain; where he will be joined by the respective Ministers at
those places in negotiations for more effectually securing and
if practicable enlarging the rights of the United States on the
Mississippi and the Territories Eastward thereof.

Mr. Monroe will proceed on his mission as soon as he can
make himself ready for it.

From the steps which have been taken in order to effect a
revocation of the prohibitory ordinance of the Intendant, it is
hoped that the stipulated channel of trade is by this time again
open. Considering however the importance and urgency of the
case, it has been suggested to the Spanish Minister here, that as
he now knows that the Intendant had no instructions from his
government, and has seen more fully the effects of this violation
of Treaty on the Councils of the United States, he might ad-
vantageously renew his interpositions with that office. He has
accordingly put into my hands the letter enclosed, which I oeg
the favor of you to forward to Mr. Hulings, with a copy ol this

GOVERNOR WILLIAM C. C. CLAIBORNE. 595

letter by the quickest conveyance; particularly in case the right
of deposit should not have been reestablishec
I am &

(signed) Jamea Madison

To Wm. E. Huling.

Natchez
February 18. 1803
Sir,

I must ask the favor of you to deliver in person the enclosed
letter to the Intendant.

I have forwarded for your information, a copy oi a communi-
cation, which I last evening received from the Secretary of State.

I am &c.

(signed) Wm C. C. Claiborne.

To James Madison.

Near Natchez

March 3, 1803
Sir

I duly received your letter of the 17 January, enclosing one
from the Spanish Minister to the Intendant, which I immediately
forwarded to Mr. Hulings together with a Copy of yours. —

The enclosed copy of a Proclamation lately issued at Orleans
by the Intendant, will shew to you, how far the steps taken to
effect a revocation of the prohibitory Ordinance of the Intendant,
have been successful. — The Port is now partially open, but much
remains yet to be done, before the Trade is restored to its Stipu-
lated Channel.

596 MISSISSIPPI TERRITORIAL ARCHIVES.

I heard with great satisfaction of the appointment of Mr.
Monroe, as a Minister to negociate "for more effectually securing,
& if practicable, enlarging the rights of the United States on the
Mississippi, and the Territory Eastward thereof." I have the
highest confidence in this Gentleman's Capacity, as well as his
Zeal, for the accomplishment of his mission in its fullest latitude.

I am inclined to the opinion that the Intendant will not im-
mediately revoke his prohibitory ordinance, unless the last letter
from the Spanish Minister to him, or other orders from his Gov-
ernment recently given, impels him to do so.

At the date of my last dispatches from Orleans, the
French had not arrived, but they were daily expected. —

I am &c

Wm- C, C, Claiborne—

To Henry Dearborn.

Town of Washington.
March 2. 1803
Sir

I now enclose you a Draft of the Fort erecting near to this
Town, which was presented me by Lieutenant Hopkins of the
first Regiment. —

The work is commenced, & will be completed in conformity
to the plan pointed out in your letter to me of the 8th- of April
last.1

As Fort Dearborn (the name which has been given to the
new Post) will frequently be visited by the Citizens, & the Officer
commanding consequently subjected to increased Expence, I ask
the liberty to suggest the propriety of allowing him double Ra-
tions.

I am &c

Wm- C, C, Claiborne—

1 For details see that letter.

GOVERNOR WILLIAM C. C. CLAIBORNE. 597

To Wm. E. Huling.

Town of Washington 4 March 1803
Sir

I hasten by Mr. Chambers to acknowledge the receipt of
yours of 25 February.

The Intendant's decree I had received some days since, &
forwarded it by the last mail to the Secretary of State ; That he
has acted in pursuance of orders, has always been my own opin-
ion, altho' with you I am in the dark respecting the Power —

You may rely upon Secrecy relative to your communications —
Policy alone would dictate this, not only as it regards yourself
privately but also as our Government might otherwise be de-
prived of your active Services. —

I am &c

Wm- C, C, Claiborne

To James Madison.

Near Natchez

March 5— 1803
Sir

I enclose you a letter which I have lately received from Mr
Hulings; it communicates the latest Intelligence from N. Or-
leans—

The Western Boats are arriving daily at Natchez; out Mar-
kets are low but there is no difficulty, in exporting Produce
from hence to the Atlantic States or to Europe — There are many
Vessels yet lying opposite to Orleans, waiting for return Cargoes,
& thirty two dollars-62 Cents, Payable at five days sight to
freight, which I understand is not high —
I am &c

Wm- C. C. Claiborne

598 MISSISSIPPI TERRITORIAL ARCHIVES.

To Henry Dearborn.

Natchez. 7. March 1803
Sir

To meet some expenses which have accrued in the Indian De-
partment, I have this day drawn a Bill upon you for two hundred
thirty two dollars-62 Cents, Payable at five days sight to
Benjn- Wilkinson or to his order. — I shall by the next mail en-
close you the vouchers which occasioned the draft —
I am &c

(Signed) Wm- C, C, Claiborne

To Henry Dearborn.

Natchez 7 March 1803
Exchange for 232 62-100 Dollars —
Sir

At five days sight of this my first of Exchange (second of
the same tenor & date remaining unpaid) pay to Benj. Wilkin-
son or order the sum of two hundred and Thirty two dollars and
Sixty two cents, and charge the same with or without further
advice to your most Obedt- Servt-

( Signed) Wm- C, C, Claiborne—

Remission of Fine.

William C, C, Claiborne, Governor of the Mississippi Terri-
tory—

To all whom it may concern G r e e t i n g —

Whereas George Dickerson, a citizen of the State of Kentucky

was lately convicted before Samuel Brooks and James Ferrall

esquires Justices of the Peace in and for the County of Adams

in said Territory under the Statute of said Territory in such case

GOVERNOR WILLIAM C. C. CLAIBORNE. 599

made and provided, of selling Spirituous Liquor, to wit three
Gallons of Whiskey to certain Indians within the limits of said
County and thereupon by the same Justices was adjudged to pay
the sum of one hundred and twenty dollars as a fine one half to
be paid to the said Territory and one half to the Informer, &
likewise the costs of prosecution, Now KNOW YE that in and
by virtue of the powers in me vested as Governor of the said
Territory and for divers good causes and considerations me
hereunto moving I do hereby remit the aforesaid moiety of the
abovementioned fine, so adjudged as aforesaid to be paid to the
said Territory, and the said George Dickerson from the same
and the payment thereof, do forever release and acquit, the said
judgment in all other respects to be fully carried into execution
according to Law —

In testimony whereof I have caused these letters to be made
patent, & the Seal of the Territory to be hereunto affixed

Given under my hand at the Town of Washington this ninth
Seal of the day of March in the year of our Lord one thou-
Mississippi sand eight hundred three, and of the Independ-

Territory ence of the United States of America the twenty
Seventh

(Signed) Wm- C, C, Claiborne—

Appointment of Justices of the Peace.

1803, On the 12th day of March the Governor appointed the
following Gentlemen Justices of the Peace & Justices of the
County Court in the County of

Washington viz

Figguire Lewis
Ranson Howell
William H. Hargrove
James Callier
William Pierce —

600 MISSISSIPPI TERRITORIAL ARCHIVES.

To James Madison.

near Natchez 15 March
1803
Sir

The enclosed Memorial & Petition from the House of Repre-
sentatives of the Mississippi Territory, upon the subject of the
free Navigation of certain navigable Rivers, "falling into the
Bay of Mexico, from the Territories of the United States, and
passing thro' the Dominions of his Catholic Majesty, " I have
been requested to forward to the Department of State, & I must
ask the favor of you, to lay the same, before the President of
the United States. —

On the 12th Instant, the two Houses of Assembly elected
Doctor William Lattimore of Natchez a Delegate from the Terri-
tory to Congress for two years. Doctor Lattimore is a young
man of promising Talents, & a firm & Genuine republican. —

On the 12th Instant the Legislature adjourned, to meet again
in October next. — The Laws which were passed are now in the
press, & so soon as they are printed a Copy shall be transmitted
to you. —

I have received no late Intelligence from New Orleans —

I am Sir &c

(Signed) Wm- C, C, Claiborne

To Henry Dearborn.

Natchez 17 March
Sir 1803

I have this day drawn a Bill upon you for Six hundred &
fifty five dollars, payable at five days sight to Robert Boyce, or
to his order, & now enclose you the accompt & vouchers which
occasioned the Draft, in order that the accompt may be closed in
the Books of the War Department. —
I am &c

(Signed) W. C. C. Claiborne—

GOVERNOR WILLIAM C. C. CLAIBORNE. 601

To Henry Dearborn.

Natchez 17 March 1803
Exchange for 655 Dollars —

Sir, At five days sight of this my first of Exchange (second of
the same tenor and date remaining unpaid) pay to Robert Boyce,
or his order, the sum of Six hundred & fifty five dollars & charge
the same with or without further advice to your mo : obdt- Servt-

(Sign'd) W, C, C, Claiborne—

City Officers of Natchez.

On the 17th- of March, (1803) the Governor appointed

John Girault, an Alderman in & for the City of Natchez —
On the 21 of March, the Governor appointed

Samuel Brooks — Mayor

Samuel Neil )

T , ..- I Aldermen

Joseph Newman j

and Peter A Vandorn — Marshale in & for the City of Natchez-

On the 22 March, the Governor appointed

Samuel Brooks
Chief Justice of the Orphans Court,
for the County of Adams. —

On the 25th of March, the Governor appointed William Nich-
olas, Sheriff of Adams County vice, William Brooks resigned.

602 MISSISSIPPI TERRITORIAL ARCHIVES.

To Gov. Claiborne, from James Madison.

Department of State Feby 14th:

1803
Sir

Your letters of the 20th . . & 21st : December and January 3d :
have been duly received. The rigor in abolishing hospitable in-
tercourse between the Spaniards and the Citizens of the United
States navigating the Mississippi explained in the latter, justly
increase the indignation excited by the Original measure of the
Intendant. Still the stronger presumption is that the whole pro-
ceeding is chargeable on that officer, rather than on orders from
his Government. The arrival of dispatches of November the
29th : from this department will probably lead to a further devel-
opement of the case, I am sorry that these dispatches had not
reached you at the date of your last as I infer from its silence on
that point as soon as it was rendered highly probably tho' not offi-
cially certain that orders had been issued by the Spanish Gov-
ernment to the local authorities at New Orleans to deliver over
to French Commissioners the Province of Louisiana, M. Pichon,
the French Minister here was called on to interpose with a view
to prevent the example of the Spanish Intendant in violating our
rights, from being followed by the new Occupants, he readily
undertook to do so. and I now enclose a duplicate of his letter the
original having been sent by a vessell engaged at Baltimore for
the express purpose of conveying it. It will be proper to hasten
the receipt of it as much as possible and consequently to do this
by a hired express ; It is proposed by M. Pichon as well as myself,
that it should be addressed to the care of our Consul at New
Orleans, and I accordingly ask the favor of you to put it under
cover to him. By a letter I have just received from the partner
of Mr. Daniel Clark in Philadelphia it is probable he will have

GOVERNOR WILLIAM C. C. CLAIBORNE. 603

returned to that place, should this not have happened Mr. Hulings
will no doubt pay the necessary attention to the subject.

with sentiments of great respect, I have the honor to be Sir
yr. mo : obt : Servt.

(Signed) James Madison
William C. C. Claiborne Esq : &c &c &c

To James Madison.

Near Natchez March 27th: 1803
Sir,

Your letter of the 14th: Ultimo with its enclosures reached
me on the evening of the 24th: Instant and on the next day
I forwarded the packet for New Orleans by express to Mr.
Hulings; it is reported that several french officers have arrived
at Orleans and Certain information received of the sailing of
the fleet with the army for Louisiana. If this report be true
I shall be advised thereof on the return of my express, but at
present I do not myself give much credit to the Rumour.

Mr. Monroe's Mission is highly satisfactory to most of the
reflecting Citizens of this territory; but there are some few
Characters among us (from whose standing in society a con-
trary conduct was expected) who either from sinister views or
sanguine temperaments reprobate the policy pursued, and have
not been wanting in exertions to inflame the public and excite
among them a spirit of discontent. But happily the reason and
fears of these men having obtained the ascendancy of their pas-
sions, no difficulty has been experienced in suppressing in the
bud such insurgent and disorderly efforts.

Mr. Daniel Clark has returned from Europe and is at this
time in Natchez.

I am sir with great respect & Esteem yr. mo. obt. servt.
(Signed) William C. C. Claiborne

■$ITY *

INDEX

Adams County— 31, 95, 127, 131, 145, 192, 203, 205, 207, 209, 217, 257, 259,
306; report on jail, 563, 564.

Adams, John, President— 14, 15, 19, 33, 46, 47, 56, 67, 70, 97, 106, 117, 161,
210, 259, 282, 320.

Address to inhabitants of Mississippi Territory — 25-29, 30; of officers replied
to by Sargent, 61-62; of people of Mississippi Territory to President
Adams, 97, 106 and note; to Gov. Sevier, 103, 107; to commanders of
legions, 200-202; to territorial judges, 229 and note, 230-232; to General
Assembly of Mississippi Territory, 284; to militia officers, 324-326, 453;
of Claiborne to legislature, 351-355, and answer, 355-357, 559-562, and
answer, 566-567; of House of Representatives of Mississippi Territory to
President Jefferson, 371; of Claiborne to freemen of territory, 385-386;
of Claiborne to judges, 569-570, 571.

Aliens, traveling in Mississippi Territory — 54, 120-121; evil influence of, 89,
161.

Apalachicola — 261, 263.

Appointments, by governor; Sargent's policy — 27; of militia officers, 40-41,
149-151, 159-160, 175, 228, 330, 332, 384, 399-400; of justices, 42, 130-
132, 133, 134, 135, 145-146, 175, 239-240, 257, 268, 332, 397, 468, 570, 599;
of sundry civil officers, 132, 241-242, 293, 330, 331, 369, 375, 397-399,
420, 469, 483, 513, 514, 601 ; Keeper of Seal, 135-136 ; of treasurer of Pickering
County, 157; of first attorney-general of Mississippi Territory, 173, 174;
of clerk of Supreme Court, 174, 196.

Arbuckle, Lieut. — 554.

Arkansa— 260, 282, 395.

Armisto, Andres Lopez de — 199.

Arms and ammunition, requested — 281, 366, 376, 402; furnished, 411-413,
428, 435, 436, 441-444, 479, 506.

Army, desertion from — 101, 105.

Asages — 521.

Ashley, Robert— 279.

Assembly, General, see Legislature.

Atakapa Province — 208.

Attorneys, territorial — 30; admission of, 147-152; 159.

Ausark, river — 380.

Baker, Col. Joshua— 422, 423, 424.

Bashford, 426, 427.

Bayou Piere— 118, 168, 181, 226.
Bear Creek— 425, 509.
Berry, David— 527 note, 529.

Berthout, 182, 190.

Bingaman, Adam— 307, 421.

Block-house— 377, 378, 387-388, 406, 427, 436, 441, 442, 443, 469, 481, 582,

583, 589, 590.

Bonner, 229.

Bourbon County — 505.

■ Bowles, William— 199, 211 and note, 261, 263, 266.
Bracken, Andrew— 458, 459, 460, 488, 489, 493.
Brashears, Turner— 95, 96, 106, 156.
Brooks, Samuel — 598.
Bruin, Peter Bryan— 17 note, 30, 53, 59, 76, 84, 95, 101, 106, 147, 148, 173,

232, 235, 256, 367.

606 INDE

Bullock, Stephen — 440.
Burke, John D.— 161, 162, 183.

Burnet, 95, 96, 106, 258, 292.

Burnet, Col. Daniel— 424, 519.

Butler, Col. Thomas— 101, 103, 106, 555.

Cadeans — 64 and note, 69-70, 72.

Callier, Maj. Isaac — 437.

Callier, Maj. John— 462.

Calvit, Joseph— 478, 481, 550, 582.

Calvo, Marquis de Cassa, Gov. Louisiana — 183, 187 and note, 191, 198, 199,
211, 261.

Carmichael, John F. — 168.

Carondelet, Baron — 116.

Carter, 415.

Catholic Church, for courthouse at Natchez — 57.

Cesar, 218 and note, 221, 227, 229, 233-235, 267.

Cevallas, Don Pedro — 577.

Chambers, Joseph— 546 and note, 547, 553, 580, 581, 582, 597.

Charles Town — 51.

Cherokees— 45, 46, 108, 140, 419, 581.

Chickasaw Bluffs— 289, 482, 507, 520 and note.

Chickasaws— 45, 46, 108, 110, 140, 156, 175, 176, 195, 208, 209, 210, 213, 261,
419, 482, 520, 521; trading house for, 477, 482, 520.

Chinnumbe, 331.

Christmas, Maj. Nathaniel — 437.

Cipher, in Correspondence— 162, 172, 199, 281, 295, 300, 303,307, 308, 313,
314, 322, 327, 329, 330.

Choctaws, depredations of — 32, 33, 110; references to, 45, 46, 47, 63, 64, 65,
66, 94, 108, 143, 155, 156, 164, 165, 166, 183, 187, 190, 192, 194, 195,
197, 198, 199, 206, 210, 211, 261, 262, 263, 266, 282, 288, 350, 357-359,
404-406, 419, 439, 459, 521; a menace, 90, 91, 93, 143, 148, 149, 237,
266, 267, 350, 393, 400, 402, 403, 405-406, 407, 450, 451, 493, 527-529;
goods for at New Orleans, 404-411, 439, 451, 452, 459, 460, 470-474, 479
490, 547, 548, 551; boundary line of, 476, 477, 478, 514, 515, 516, 517,'
518, 519, 523, 552, 554, 555, 573, 581, 586, 587, 591, 592, 593; trading
house for, 477 and note, 478, 480, 548, 550, 553, 580, 581, 582; articles for,
586, 587, 590.

Claiborne, Capt. F. L. — 506 and note, 546 and note, 570 and note.

Claiborne County — 422.

Claiborne's "Mississippi" — 57 and note, 366 note.

Claiborne, Mrs. W. C. C— 416, 549.

Claiborne, W. C. C, photograph of opposite p. 337; biography of, 337-341;
commission of governor, 342, 343 and note, accepted 343-344, 445 and
note, 446; views on points along the Mississippi, 347; states Sargent's
attitude, 348; addresses legislature, 349, 351-355; asks scope of powers
as Superintendent of Indian affairs ; 350 ; proclamation on bad treatment
of Choctaws, 361; proclamation convening legislature, 362, 403; address
to freemen of territory, 385-386; address to Indians, 400-401; Superin-
tendent Indian affairs, 405, 407, 451; messages to legislature, 428-432,
559-562; address to officers of militia, 453-454; ill health, 482; handbill
to land Claimants, 503-505; drafts on U. S. Secretary War, 531, 546,
565, 571, 573-574, 598, 600,601; address to judges, 569-570; remits fine,
598-599.

Clark, Col. Daniel— 80 and note, 101, 177, 189, 275, 314, 602, 603.

Clark, Daniel, nephew of above, 276.

Clarksville— 168.

Colbert, Maj. George— 520 and note, 522, 579, 580.

INDEX 607

Collector, of port— 158, 167, 168.

Collins, Capt. — 154.

Collins, John — 453.

Commerce — 577, 584.

Commissions, revoked— 328, 329, 368, 494; refused, 369.

Concord House, occupied, by Sargent — 29; left, 63.

Congress, provision concerning aliens — 44, 46; enacts compensation for ser-
vices and property, 60; asked to promote education and religion, 89, 165;
establishes port of entry south of Tennessee, 157; petitioned against
Sargent administration, 185 note, 243-252, 258, 282-283; members defend
Sargent, 269; furnished information by Sargent, 295-298; petitioned for
change of government, 319, 320 note, 321, 322, 323, 324; intentions toward
Indians, 417, 418, 419.

Consuls, Spanish, treatment of — 183.

Convention, of delegates alleging abuses — 171, 172; committee of, 277 and
note, 278, 279; notice of, 278.

Council, territorial — 294 and note, 301.

County Court Clerks, instructions to — 510, 511.

Court, Supreme, see Judges.

Courts, references to— 144, 145, 147, 192, 203, 205, 207, 219, 224, 232, 234,
235, 240, 256, 303, 364, 463.

Coxe, Zachariah— 29, 31, 35, 51, 52, 53, 58, 59, 64, 72, 79, 81, 82, 94, 100, 101,
102, 103, 105, 108, 140, 167; his crew, 63, 76; warrant for arrest, 77, 78;
arrest of, 109, 118, 119.

Craig, 153.

Creeks— 33, 45, 47, 107, 144, 194, 195, 262, 419.

Cushing, Maj.— 95, 179.

Cushing, Thomas H— 158 note; 216, 225.

Custom-house — 158.

Davis, Hugh— 275, 329 note, 453.

Davis, T. T — 259, 269, 274, 280, 333.

Dearbon, Gen. — 463.

Deserters— 101, 105, 125, 142, 225.

Dickerson, George— 598, 599.

Dinsmore, Silas— 459, 460, 485, 486, 489, 493, 509, 515, 516, 517, 518, 522, 531

579, 580, 581.
Discontent in territory— 89, 171, 184, 185 and note, 200, 243-252, 268-281, 300.
Dixon, Roger— 152, 219.
Donelson, Stockley— 390, 391.
Duhamel, John— 389.
Dunbar, William— 162 and note, 257, 274, 357.

Duncan, 214.

Durand, John — 50.

Earle, Capt.— 404, 407, 411.

Education— 431 and note, 432, 438, 561, 568.

Election of representatives? — 252-254, 296, 381; requirements, 254, 461-462;

officers of, 264; notice of, 278; illegal, 290-292; returns of, 296.
Ellicott, Andrew, boundary commissioner of U. S. — 45 note, 46, 47, 73 note,

93, 105, 108, 110, 136, 162, 163, 171, 195, 237, 248, 249, 262, 266, 267, 288.
Ellicott 's Ville— 127.
Ellis, Maj. John — 155, 307 and note.

Elmer, 263.

Emigration — 382 .
Estates, intestate — 78.

608 INDEX

Expenses, of Gov. Sargent — 185, 186 and note; of secretary and judges, 186
and note; of members of legislature, 302; for public buildings, 327; of
second grade government, 364; for stationery, 512, 513, 576; of Indian
agencies, 574, 587, 590, 591-593, 598.

Fairchild's Creek— 127.
Favre, Simeon— 187, 211.
Fees— 251, 269, 270.

Fero, 255.

Ferguson, William, first sheriff Pickering County — 136 note, 316.
Ferrall, James, 483, 598.

Figuroa, -137, 138.

Fitzgerald, George— 393, 450.

Floridas, reported ceded to France — 402 and note; reference to, 440, 467, 476

and note, 550.
Foreigners, must have passports — 96, 101, 105, 115, 138, 142.
Fort Adams— 365, 378, 420, 443, 480, 583, 586, 587, 591.
Fort Dearborn — 379 note, 442 note, 549 note, 582 note, 596.
Fort Pickering— 380.
Fort Sargent — 78 and note, 79, 117.
Fort Stoddert — 472 and note, 473, 479, 517.
Fort St. Stephens — 514 and note.
Fort Wilkinson— 263.

Foster, 436.

Franchammassatubba, 194, 331.

Freeman, Thomas — 49 and note, 73 and note, 163.

French relations — 23, 577-579. Emissaries among Indians, 164.

Fugitives, laws concerning— 113-114, 118, 140; from justice, 389-390, 391.

Galvez, 211 note.

Garland, 33.

Gayoso, Governor— 20, 34, 46, 47, 49, 53, 54, 64, 70, 94, 96, 105, 114, 116,

118, 121, 125, 142, 143; death of, 161, 162.
General Assembly, see legislature.
Georgia — 61, 467; land commissioners of, 498 and note, 499-501; lands, 580.

Gerard, 264.

Gerault, Major John— 83, 117, 146, 160, 181 note, 229, 236.

Goodrich, 519.

Grafton, Daniel— 527, 528.

Grand juries — 171, 303, 304 and note, 306, 309, 312; members of, 305 note;

presentment of, 303-310, 312, 313, 316, 320.
Green, Abner — 427.

Green, Thomas— 57, 184, 236, 265, 330, 438.
Greens impartial Observer — 302.
Greenville— 493, 575.
Grievances, see Discontent.
Grindstone Ford— 118, 226.
Grubb, Dr. Burd— 176, 213 note.
Guion, Capt. Isaac— 29 and note, 35, 58, 59, 72, 88.

H
Hamtramick, Col. — 47, 76.

Harding, Lyman, first attorney-general— 173, 214, 220 note, 236, 369, 502.
Harp, Wiley— 422, 423, 424, 425.
Harrison, W. H.— 16, 19, 85.
Havana — 578.

Hawkins, Col. Benjamin, Supt. Indian Affairs— 20, 22, 32, 33, 46, 47, 94; agent
to Creek Indians, 107, 263, 288, 289, 357 note, 418.

INDEX 609

Henderson, John — 375, 392.

Hersey, Major — 215.

Heth, Capt. John— 78, 129, 136, 139.

Hodgdon, Col.— 162, 207.

Hoggatt's Gin — 507.

House of Representatives, National — 433 and note, 594.

House of Representatives, territorial, on illegal election — 290-292, 297; on

territorial council, 294 and note, 295; concerning address to public, 301-

302; address to President Jefferson, 371, 372-373, 447 and answer, 447,

448, 600.
Hospital, at New Orleans— 421, 422.

Howard, Joshua — 73; authorized to take depositions, 74, 167, 168.
Huchens, Anthony — 53 and note, 80 and note, 82, 308 and notes.
Hulings, William E— 471, 479, 535, 553, 576, 584, 588, 594, 597, 603.
Hunt, Abijah— 93, 94, 164, 183, 206, 210.
Hunter, Henry — 294 note.
Hunter, Narsworthy— 184 note, 243 and note, 245, 249, 258, 260, 273, 274,

277, 300, 304, 321, 432, 433 and note, 438.
Hyde, 103.

Imsbram, Robert — 208.

Indians, complain of Cadeans — 69, 70; desire war with Cadeans, 72; supplies
for, 87, 88, 93, 193, 194, 214-216, 288-290, 319, 404; interpreter, 220,
221, 223, 233-235, 267, 402, 406, 488, 489 note, 491, 492, 493; in trouble
with whites, 221, 222, 223, 275, 329, 450, 451; addressed by Claiborne,
400-401; intention of Congress toward, 417, 418, 419; request President
U. S. to suppress sale of ardent spirits, 552; have peltries, 553 and note.

Indian relations— 17, 20, 21, 22, 23, 25, 32, 33, 34, 45, 46, 47, 48, 49, 54, 56,
74-76, 82, 105, 107, 108, 140, 141, 143, 163-165, 166, 168, 180, 191, 192,
209, 226, 288-290, 324, 357-360, 419, 579-582.

Introduction, by Editor — 5-7.

J
fackson, Gen. Andrew — 515.
fail, see Prison,
[efferson College — 438.
[efferson County — 493.

[efferson, Thomas— 333, 334 note, 342, 372; message to Congress, 373; 416,
417, 421, 434, 441,446,447,448,488,552,573,576, 577,579,580,591,594.
Johnson, Capt. — 509.
Jones, Evan— 162, 177, 183, 189, 198, 199, 223, 404, 405, 409, 410, 411, 439.

Jones, 323.

Journal, Executive, fac simile of, opposite 14.
Judge of Probate — 78.

Judges, territorial— 17, 22, 26, 30, 42, 57, 147, 221, 300; absence of, 64, 89, 93;
in legislative capacity, 224, 229 and note, 230-232, 272, 294; deficient in
legal knowledge, 367, 487; addressed by Claiborne, 569-570, 571.
Judiciary, System — 364, 367.

Justices, appointed by Sargent— 42, 130-131, 145, 146, 239-240, 257, 268;
requirements of, 42-44; reference to, 159-160, 203, 219, 232, 235.

Kein, 217.

Kentucky, volunteers — 48; spirit of, 82.

Ker, David — 368, 487 and note, 506, 572 and note.

Ker, Lewis; — 529, 530.

King, 63.

Knox, Robert— 219.
Knoxville— 140, 141.

610

Land, speculators— 20, 22, 67; claims, 66, 89, 90, 99, 100, 211, 231, 277, 364-
365, 369-370, 465, 466, 467, 497, 498-505, 510, 536-545, 543 and note, 555-
556, 584,585; office recommended, 90; of Choctaws, 462, 477-478, 484, 485,
486, 587, 590; secured from Indians, 496, 497, 587, 590; for blockhouse, 589,
590.

Lattimore, David — 420 and note, 421.

Lattimore, Dr. William — 420 note, 600.

Laws, territorial, preparation for — 17, 20, 22, 26-28, 104; first promulgation,
30; based on laws of the States, 54 and note; inadequate, 90, 110; first
law, 113 and note; Sargent laws, 113 and note; military, 54, 117, 216, 365;
regarding attorneys, 147; printing of, 31, 158, 159, 179, 183, 383, 429;
enacted, 198, 230, 374, 444, 452; concerning fines, 209; judges' opposition
to, 235, 236; concerning Indians, 419; reference to, 256, 272, 273, 437, 438;
needed, 257, 356, 429, 430, 560-562; repealed, 374; of contagious diseases,
415.

Laws, of U. S — 111, 182.

Lee, Richard — 585.

Le Fleur, Lewis— 472 and note, 473, 486, 490.

Legislature— 113, 147, 185, 229 and note, 284-287, 345, 346, 349 and note, 362, 367,
367, 374, 438; addressed by Gov. Claiborne, 351-355 and reply, 355-357,
557-562, and reply 566-567; quarrel with Chief Justice Lewis, 376-377;
convened by Claiborne, 403, 413, 414; Claiborne's messages to, 428-432.

Lenton, 523.

Letters — See list, pp. i-viii.

Leslie & Co., Panton— 484, 485, 486.

Lewis, Judge Seth — 346 and note, 364 note, 367, 376.

Lewis, Major — 213.

Lintot, Bernard— 131, 387.

Loftin's Cliffs— 56, 62, 63.

Louisiana, its possible cession to Spain, 48 ; population of, 90 ; injures Mississippi
Territory, 101 ; ceded to France, 346, 366, 464, 489 note, 577-579, 584, 602,
603.

Louisiane Monitieur, 142.

Lovelle, Brigade Major, 62 and note, 63, 121, 122, 125.

McCaleb, 491.

McCormick, William T. — 454.

McGuire, Judge William — 30, 110 and note, 154, 173 and note.

McHenry, James — 266 and note, 267.

Mcintosh, 79, 125.

McKee, Col. John— 155 and note, 156, 165, 183, 196, 211, 359, 439, 479, 484.
McNary, Judge John — 109.

Marigny, Capt. Peter — 137.

Marionett, 152.

Marschalk, , first publisher in territory — 158 and note, 159, 215.

Marshall, John— 243 note, 262 note.

Mason, Samuel — 422 and note, 423, 424, 425.

Matthews, Gen. George — 61, 67.

May, Samuel — 546.
Memphis — 289 note.

INDEX 6H

Military, ardor in U. S. — 46; need of in Mississippi Territory, 54-56, 116; reli-
ance upon, 101; rank of Sargent, 116; vs. civil authority, 142, 143, 144
169, 170, 178, 179, 180; proper conduct of officers, 181, 200-202; references
to, 146, 154, 155, 181, 182, 214-216, 217, 220, 222, 225, 226, 441, 442, 443-
stores, 411-413, 428, 435, 436, 457, 458, 461, 469, 470, 471, 481, 489, 583;
expedition against pirates, 423.

Militia, Sargent's order for regulation of — 36-40; officers of, 39, 40, 87; recom-
mendations to officers, 41, 216-217, 324-326, 527; number of, 47; needed
54-56, 100, 116; uniform of, 61-62, 154; under Wilkinson, 62; orders
86-87, 151-152, 160; law, 117, 353-354, 365, 384; general orders, 119, 120
190-191, 317-319; officers Pickering County, 159-160; badly armed, 167,
263, 374, 377; inefficient, 231; officers' resignations, 226; good organiza-
tion of, 479, 481, 496, 550, 560, 568; number and strength, 508-509, 589.

Minor, John— 221, 228, 233.

Minor, Major Stephen, Spanish Commissioner — 46, 47, 67, 73 note, 163, 165
218 note, 262, 263, 329.

Mississippi Gazette, first newspaper published in Mississippi Territory — 207 and
note, 304.

Mississippi Territory, in connection with Indian affairs, 33; information to
inhabitants by Sargent, 42-44; oath of allegiance, 44; proposed by Sar-
gent to be divided, 57, 126-128, 238; discontent in, 89, 171, 184, 185 and
note, 200, 243-252, 268-281, 303-310, 312, 313; Great Seal of, 104 and
note; welfare of, 230, 298, 299, 344, 345, 363-364, 373, 385-386, 441, 560,
566, 567; territorial jurisdiction, 236; general assembly of, 284, 345, 346,
349; Council, 294 and note, 301, 307, members of, 308 note, answer to
Claiborne's message, 567-569; stamped paper needed, 313, 314; inconven-
iences in, 356.

Mitchell, Francis — 50.

Mitchell, Samuel— 45, 46, 63, 64, 70, 82, 93, 108, 140, 289, 522, 579, 580.

Mobile— 261, 480, 547.

Moneys, public, uses of— 183, 249, 302, 387, 410, 427, 454, 470.

Monroe, James— 594, 596, 603.

Morales, Juan Ventura, intendant — 532 and note, 533, 545.

Mucklesow Town — 425.

Nashville— 140, 345, 346.

Natchez, political factions, 22; assemblage to meet Sargent, 25; reference to,

33, 34, 40, 57, 63, 65, 82, 116, 139, 346.
Natchez Trace — 363 and note.

Negroes— 82, 114, 199, 289, 311, 312, 393, 544 and note.
Nelson, James — 495.
New Orleans — 50, 51, 52, 261, 366; hospital, 421 ; closed against commerce, 532,

533-535, 546, 547, 548, 551, 553, 556-559, 562, 567, 568-569, 572, 574-575,

576, 582, 584, 588, 594, 595, 596, 597, 602; French government at, 579,

596, 602, 603.
Nogales — 34.

■Nolan, Philip— 221, 233, 234, 235, 293, 294 note.
North Carolina— 389.
Northwest Territory, affairs— 15-18, 19, 23, 24, 32, 34, 40, 44, 66, 78, 89, 99, 104,

116, 163, 251, 270, 302.

Oath, of allegiance — 44; of office, 152, 160; of representatives, 287.
Olive, Don Pedro— 199.
Ordinance of 1787—26.
Osmun, Col. Benejah — 589.
Otis, James — 98.

612

Palmer, 85.

Palmer's Fork— 182.1

Panton, 281.

Pardon, to George Rapalje — 455, 456, 457; to prisoners, 564, 565.

Parsons, Sergeant — 489.

Passports— 96, 101, 184, 208 and note, 251, 389, 395, 396, 473, 474.

Pensacola— 112, 211 and note, 261, 391, 485.

Peterkin, Thomas— 507, 508.

Petition, to Congress — 319-322, 323, 324; against Sargent administration, 185
note, 243-252, 258, 282-283.

Phifer, Doctor— 129, 139.

Philadelphia, gazettes — 144.

Pichon, N. — 602.

Pickering County— 31, 127, 145, 152, 157, 159, 203, 207, 217, 232, 280, 306.

Pickering, Col. Timothy— 67, 262, 265, 266, 333.

Pickett's "Alabama" — 263 note.

Piercy, Mrs. — 415.

Pike, Major— 281.

Pinckneyville— 383, 449.

Piracy, on Mississippi River— 379, 380, 394, 395, 396, 422-425.

Pitchylynn, John— 488 note, 491, 492, 493, 516.

Political factions— 22, 27-28, 348, 349 and note, 364 and note, 367, 381, 388, 403.

Population, small — 90, 91; character of, 185.

Port of Entry— 157-158, 167, 168.

Postal facilities, lack of— 56, 65, 66, 140, 166, 213, 535, 546, 547; Natchez to
Knoxville, 210 and note.

Postlethwait, Samuel— 408, 409 note, 412-413, 439, 452, 470, 531.

Presentments, of Supreme Court— 300-301 ; of grand jury, 303-310, 312, 313,
316, 320.

Printing, public— 15, 17, 24, 31, 158-159, 179, 183, 376, 383 and note, 402, 429,
437, 444, 483.

Prior, Robert— 101, 103, 105.

Prison, at Uniontown — 83; in lower district, 84; lack of, 89-90; at Villa Gayoso,
327 ; report on Adams County, 563-564.

Proclamation, of Sargent regarding survey of public property — 59, 60; regard-
ing persons not citizens of Mississippi Territory, 68-69, 120-121, 122; for-
bidding furnishing spirits to Indians, 69; concerning assault on Indians,
123-124; concerning divisions and courts in territory, 126-128, 238-239;
appointing justices of the peace, 130-131; establishing county courts, 145;
concerning courts of Adams County, 205, 207; of election of representa-
tives, 252-253, 254; concerning bad treatment of Choctaws, 361; conven-
ing the legislature, 362; of Spanish intendant, 577, 579.

Public property— 57, 58, 59, 60, 61, 128, 130, 136, 137, 139, 141, 144, 146, 165,
166-167, 169, 170, 180, 183, 184, 203, 204, 236, 249, 265, 309, 327, 328.

Rapalge, George— 382, 455, 456, 457.
Recorder, Adams County — 392.
Rennick, Lieut. S. — 423.

Representatives, election of — 252-254; requirements, 254; elected, 284; ad-
dressed by governor, 284-287, 296, 297; reference to, 298 and note.
Resignation, of John Girault — 474-475.
Revenue office, recommended by Sargent — 56, 116.
Reward, for arrest of Coxe — 79.

Robinson, 106-107.

Rocky Spring— 517, 518.

Ross, James— 64, 65 note, 98, 168.

Ruth, 426.

INDEX 613

St. Catherine — 359.

St. Clair, governor — 15, 259.

St. Stephens — 546 note, 551 note.

Salcedo, Manuel de, governor general of Louisiana, 379 and note, 402, 473, 480,
556 572 573.

Sargent,' Mrs.' Winthrop— 112 and note, 114, 115, 129, 139.

Sargent, Winthrop, photograph of — opposite 9; biography of, 9-14; appoint-
ment, 14-20; health, 15, 22, 30, 332, 333; Secretary Northwestern Terri-
tory, 15 ; salary, 16, 67 ; opposition in Congress, 19 ; Superintendent of Indian
affairs, 20-21, 23, 32; general commanding, 23; arrival, 25; address, 25-29,
30; troubles due to lack of resources, 47-49; urges return of criminal Coxe
by Spanish, 51-53; proclamation on survey of public lands, 59-60; tells of
needs of territory, 65-67; proclamation regarding persons not citizens of
Mississippi Territory, 68-69, 120-121, 122; forbidding furnishing spirits to
Indians, 69; reply to Indians complaining of Cadeans, 70-72; authorizes
Joshua Howard to take depositions, 74; issues warrant for arrest of Coxe's
crew, 77-78; has no supplies for Indians, 87-88; distressed by conditions,
89-91, 93-95; requests vacation, 112; frames code of laws, 113 and note;
proclamation on assault on Indians, 123-124; proclamation on divisions
and courts of territory, 126-128, 238-239; proclamation appointing justices
of the peace, 130-131, 132-135; appoints sundry civil officers, 132; procla-
mation establishing county courts and appointing justices, 145-146;
appoints militia of Pickering county, 159-160,228; people's dissatisfaction
with, 171-172, 184; expenses and salary, 185, 186 and note; commissions
court of common pleas of Adams County, 192, 193; address to commanders
of legions, 200-203; deposition concerning Cesar, 227-228; address to judges
in legislative capacity, 229-232; proclamation establishing Washington Coun-
ty, 238-239; appointment of justices, court and various officials, 239-242;
defends himself and his administration, 243-252, 262, 268 note, 268-281,
282-283, 303-310, 314, 315, 333, 334 and note, 348 and note; a stern
officer, 258; gives Congress information, 295-298; retires to farm, 376.

Schuyler, Lieut.— 486.

Schuyler, Peter Philip — 490 note.

Scott, Lieut. — 216.

Seagrove, 47.

Seal, Great, of Mississippi Territory — 104 and note, 111; county, 123, 144.

Second Creek — 257.

Sedition bill, passed by House of Representatives — 46.

Sevier, Gov. John— 102, 103, 105, 167; journals of, 103 note, 107, 109.

Shamburgh, Capt. Bartholomew — 411 note, 436, 554, 573, 587.

Shaw, Dr. John, 494 and note, 575.

Simmons, 492.

Slaves, regulation of— 176, 177, 218, 232, 268, 311-312, 324, 325; letter to slave
holders, 311 ; supposition of action in case of war, 325 and note; importa-
tion of, 374.

Smallpox— 414-416, 426, 430, 449 and note, 454; report of camp, 523-526.

Smithland— 108.

Spanish, relations— 20, 27, 28, 33, 125, 187, 188, 189, 191, 192, 193, 293, 294,
366, 379, 394, 396, 421, 465, 466, 467, 574, 575, 577-579; with Indians, 47
144, 156, 187, 188 and note, 194, 197, 198, 199,206,211,480 and note, 581
Louisiana, 48, 577, 579; treaty, 49, 51, 137, 187, 364, 396, 465, 556-559
575, 577; concerning fugitives from justice, 85, 394; liberal land laws, 90
malevolence, 94, 574-575, 581; records, 117 and note; deserters, 125, 225
consular, 139-140, 183.

Sparks, Capt. Richard — 461 and note, 472, 478, 481, 549, 550.

Stark, Robert— 196.

Steele, John, Secretary of territory— 14 note, 25, 31, 77, 141, 142, 162, 165, 166,
182, 200, 203, 224, 346, 348, 349, 368, 388, 444, 487; certifies to transcript
of Sargent's journal, 154, 197, 254-255, 323; explanation of Sargent's unfin-
ished letter, 170; acting governor, 342 note, 345 and note.

Stuart, James— 82, 140.

614 INDEX

Tagett, 262.

Tattnal, Gov. — 515.

Taxes, schedule members grand jury Adams County, 310; list not returned in

Adams County, 495; law suggested, 562.
Tellico— 140, 141, 418.

Tennessee, land company — 29; volunteers, 48; executive, 101; river, 141.
Territorial government, organization of — 15.
Tierney, Mathew — 510 note.
Tilton, Judge Daniel— 17 note, 22, 104, 110, 117, 123, 185, 235, 256, 257 and

note, 367, 487.
Todohamo — 211.

Tombeckbee, settlements— 220, 238, 256, 462, 463, 478, 550, 551, 581.
Tory sentiment — 27-28.
Traders, with Indians — 49.
Treason, statute of — 230 and note, 273.
Treaty, Spanish— 49, 51, 52, 99, 137, 187, 364, 465, 476, 491, 521, 533, 534, 556-

559, 577; with Indians,!104, 139-140, 149, 458; with France, 333; of St. Ilde-

fonso, 346 and note, 370, 490; with Choctaws, 360 note, 361, 363, 420;

U. S. Commissioners, 363 and note; between England and France, 367.
Troops for protection — 45, 46.
True American, The — 269.
Turner, Edward — 449 and note, 483.
Tyrrell, William— 390, 391.

Union Town— 83.

Vattel — 126 and note.

Vaun, Lewis— 358, 359.

Victor, Gen.— 549, 553.

Vidal, Secretary to Gov. Gayoso— 47, 49, 114, 124, 152, 293.

Vilamont, Capt. — 260.

Villa Gayoso— 111, 127, 136, 141, 146, 203, 204, 207, 236, 265, 327.

Vincennes — 100.

Vousdan, William — 495.

Walker, Peter— 123, 391.

Walnut Hills— 424.

Walton, Ann— 208.

War, U. S., Secretary of — 54; opinion of Sargent, 97.

Warrant, for arrest and trial of Coxe's party, 77, 78; on treasurer, 449, 450, 453,

454, 483, 530.
Washington County— 238-240, 306, 584, 585.
Washington, George — ill, 222 and note, 259.
Washington, town— 438, 443, 450, 457, 549, 582, 599.
Waters, Israel— 391, 392.

Welch, 82.

Welsh, 81.

INDEX 615

West, Cato, territorial secretary under Claiborne — 83, 86 note, 244, 273, 277,
304, 305, 309, 312, 313.

White, 80.

White, Doctor — 93 and note, 250.

Wickliffe, Martin— 101, 103, 105.

Wilkinson, Benjamin — 598.

Wilkinson, Gen. James— 17, 21, 23, 45, 47, 52, 56, 65, 74, 75, 105, 111, 138, 141-
142, 143, 144, 148, 158, 165, 166, 169, 179, 210, 222, 255, 279, 319, 375, 387,
411, 476, 477, 486, 489, 516, 549, 550, 551, 552, 553, 580, 581, 583, 592.

Wilkinson, Mrs. James— 115, 129, 139.

Williams, Gov. B— 389.

Williams, Lieut. — 469.

Williams, William— 135-136.

Williamson, 33.

Wilson, Lieut.— 411, 412.

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