Shoemake, the big dog among the band, this is the man, this the agent

from the Governor of Alabama, from the Governor of Mississippi,

employed to execute the highest of delegated State authority! If the

then Governor of Mississippi can reconcile the rectitude of such action

to his mind, the public is very far from approving the same. At the

time the press from almost every quarter was loud in its denunciations

against the conduct of the Governor. He must have known that the

extensive ramifications of the Wages and Copeland Clan had produced a

reign of terror almost everywhere, and he must also have known that the

“confessions” had done more for its dismemberment and final dissolution

than anything else; then why did he attempt to play into its expiring

hands, against public sentiment and justice, when the imputed but

misnamed crime of publication was done in New Orleans, La., and the

author, who had only committed the “confessions” to paper, residing in

Mississippi, and more especially while hundreds were satisfied of the

truth of the narrations? However, from these revelations, the fact

is made patent that wealth and a few distinguished persons can wield

mighty influences against reason and justice; against common sense and

the best interests of society.

IMPORTANT INFORMATION GATHERED ABOUT THE BURIED TREASURE.

The order of events will now be continued consecutively from the time

of the Sheriff giving bond and being released. Before the opening of

the city court he was left with thirty or forty days to prepare for

defense, during which time he visited Ocean Springs and a few other

watering places on the Mississippi Sound, remaining a few days at

Shieldsboro, now Bay St. Louis, and there made acquaintance with old

Mr. Toulme and two other prominent gentlemen, who informed him that

just after the publication of Copeland’s confessions they took a copy

of said work, and made a visit out to Catahoula swamp, in that county,

in quest of the buried treasure referred to in the said confessions

as having been deposited there by the clan for safe keeping. The map

of this depository was lost during the famous Harvey battle, near Red

Creek, in Perry county. These gentlemen informed him that they found

the place as described by Copeland, and that every tree and line of

demarcation as delineated in his description of the place could not

have been more accurately given. They stated that there were three

places of deposit, showing that in time there had been three kegs

buried, which, from every appearance, indicated as though they might

have been removed some eight or ten years prior to that time. The old

keg staves and iron hoops were still remaining, and the perfect impress

made by the burial of these kegs still existed, with a grown lining of

moss which time had brought forth; on the whole exhibiting quite an

antique appearance.

There has been much speculation and curiosity manifested among many as

to who was the fortunate person who found this buried treasure. Let

it be remembered that the Harvey battle occurred in some part of the

year 1848. The description and mystic map of the place in connection

with this treasure was lost in the time of this battle. Until the

“confessions” were published in 1858 the public knew nothing about

the buried money, but when they come out curiosity and opinion ran to

an extensive height. Now this information was given to the Sheriff by

one living in that section of country when the collision happened. He

told him that a few days after the “battle” he found an instrument of

writing which he could neither read nor in any way understand, and the

same with all others around who saw it. To them it appeared more of

a wonder and “puzzle fool” than anything else. He kept it by him for

the sake of holding something partaking of mystery and curiosity. But

having business some short time after in the city of Mobile, Ala., he

carried this mystic paper along with him to this place. While there one

evening on the streets he met with some of his former acquaintances.

Thinking that this curiosity would amuse, he exhibited it for common

inspection, and while examining and discussing the same, one by the

name of George A. Cleaveland came up to peep, and requested to examine

more minutely, when, after looking for a while, he folded it up in a

very careless manner which then found a place in his pocket, remarking

at the same time that it did not amount to much anyway, and walked off.

The person who brought this paper, not being aware of its value, did

not care enough about it to make any objections to his carrying it away

with him.

But the new possessor, in all probability, fully understood the mystic

lines contained in it, and soon turned them to signal account. From

rather a pecuniary condition of embarrassment at the time, as the

Sheriff has been informed, he very soon afterward made an advertisement

through the public journals of the city, expressing a desire to

purchase twenty able-bodied negroes and the like number of mules and

drays, all of which he bought accordingly in a short time afterward,

and more; and from that time to the day of his death remained

independent, all the while increasing rapidly in wealth and external

prosperity.

THE TRIAL.

SIMPLE AND UNADORNED TRUTH STRUGGLING WITH ALL THE FORCES

OF TALENT, WEALTH AND PROPPED UP FALSEHOOD—THE CONVICTION

ONLY A VICTORY IN NAME FOR THE PROSECUTION,

BUT IN REALITY A LASTING TRIUMPH FOR THE DEFENCE.

PRELIMINARY REMARKS TOUCHING THE TRIAL.

An error—a fault in the working of a machine, or in physical operations

generally, is soon discovered and admits of very little discussion, as

to whether all is right or something wrong. Too much friction, a cog

broken, or some other mechanical defect in mechanical construction, and

the machine will soon stop; and so of physical movements; a disease

or some radical defect in the constitution is soon discovered by bad

pains and bad health; and if no recuperative remedy can be applied,

the consequence will soon be a death stoppage. But in the moral world,

the difficulties are far greater and more extensive. Immaculate truth

and unmixed error are soon acknowledged, but when deeply blended

together, ages may elapse before any considerable or healthy progress

can be made. In physical science, and in mechanical discoveries, the

progress has been prodigious; but it is a question very much open to

dispute, whether the world is now purer, better, and happier than

it was three thousand years ago, notwithstanding the centuries of

statesmanship and legislation. In _physical_ realities, all appear

to hail improvement with a welcome satisfaction, and gladly receive

truthful discoveries, no matter from where they come, as if immediately

experiencing a direct and general interest in all such demonstrations;

but it is far more complicated in moral phenomena. Effects, either for

good or evil, require a longer time for development, and are subject

to influences from far more numerous and intricate causes, less

capable of demonstration, and less capable of determining the share

each exercises in the production of compound effects. Two persons may

be equally honest, equally able, and equally desirous for the common

good of the nation; but they will hotly dispute as to the proper means

to be applied for this end; but if the opinions or theories of each

could be immediately put to the test, and the results at once seen as

in mechanical operations, a very different state of society would soon

exist. If we could have a process of analyzation in moral transactions,

so as to make the deformities of separated error at once manifest, and

so with respect to the beauties of immortal truth, we might indulge a

well grounded hope for rapid conquests toward the perfection of mankind.

[Illustration: AUTHOR’S TRIAL IN MOBILE, ALA.—See page 144.]

Differences in organizations and in education, with vast extensions

of clashing interest; these, when properly directed, may be rather

a blessing than otherwise; but when allowed to run into the wildest

excesses without any restraint whatever, the evils must be frightful

in the train of consequences. The excessive philanthropist is on for

freedom, and will sacrifice every other consideration for the success

of his ardent object, regardless of the reacting forces of despotism.

The creature of inordinate ambition does not stop to consider who is

right and who wrong—down with every obstacle in his way, that has a

tendency to impede his ultimate design. The theological devotee prefers

his own denomination to all others—his own all right—the rest all mixed

up with much objectionable error. The individual who has made so much

wealth, and attained to so great a height of pecuniary prosperity by

means, no matter whether fair or foul, desires no change, even though

it may be for the benefit of tens of thousands—his own individual or

conventional interest will have more value in his estimation than the

interests of united millions in conflict. Generally, those who have

risen to honors, distinctions, and emoluments by the vicious elements

in society, will spare no exertions which talent and wealth can command

for the perpetuation of the same circumstances of public wrongs. But,

it is true, where there are freedom of thought and action, public vices

cannot accumulate beyond a limited extent before conflicting interests

and passions will bring on the appropriate or temporary remedy; yet

the victors not unfrequently, ere long, run into as wild excesses as

their erring but fallen predecessors! so then it would appear that

revolutions only amount to a change from one sort of excesses to

another equally as pregnant with evils. Yet in spite of all these

apparently vain and oscillating circumstances, there are underlying

movements at work in the nature of occult causes driving on nations to

either dissolution or a better and more enduring form of government.

If a government is so defective that it cannot sufficiently protect

life and property; if its conduct is so fickle and uncertain as to

destroy confidence and stability in the future, convulsion, decay, and

death must inevitably come if the organic abuses are too great to admit

of any other remedy.

Untempered liberty is worse than despotism; it is barbarism—might

reigns and not right. All the passions of licentiousness are let loose,

and the many weak are lawful prey for the few strong.

The idea which commonly prevails as regards frequency of elections

being the effective remedy for all abuses of government, though

plausible, is sophistry and the height of fallacy according to the

lessons which experience have taught. It is all very easy and fine to

contend for short terms of elections—all very captivating to contend

that if one officer well performs his duty, he can either retire into

private life with all the grateful honors of his country, or, for

meritorious services, he can be re-elected for another term, all of

which is the most powerful incentive to do right, and, at the same

time, the most formidable barrier against intentional wrong. But

what does experience loudly proclaim? “For the short term you will

be in office, make all you can, scruple at nothing, laugh justice

in the face, trample on the principles of rectitude, and you will

be admired in the present and immediate future only as a consummate

political trickster which may, without shame, be imitated by other

succeeding actors. But if you mean to be honest, and tender of just

rights and claims, with a desire for the common good of your country

in rewarding meritorious services and encouraging the sources of true

national prosperity, you will only be laughed at for your folly.” These

constant elections, as it were, open the store-houses for a general

scramble, for a wordy warfare of frothy declamation, for abuse and

misrepresentation of all the nobler traits of human nature—making

virtue a crime and fashionable vices respectable. The most expert

in business of this sort, are generally the successful ones in the

contest. Before the excitement of one election is over, another more

intense begins. Under present circumstances, no one can calculate

with any reasonable probability of continuance of the present form of

government beyond a period of four years while there is no security for

keeping wild and inflamed passions within proper bounds.

Correct public sentiment, when free to choose, is apt to have a

government of the same nature. Is it public sentiment that forms the

character of government, or government which forms the character of

public sentiment? Both of these considerations may be true. It is quite

possible to conceive how a few intelligent and well-meaning persons,

commanding a sufficiency of power, can improve the character of a

nation; and under other circumstances, _vice versa_.

We want a government sufficient to restrain the strong and protect the

weak. We want a government competent to make good laws, and strong

enough to execute them. We want a government determined to protect life

and property, so that industry can be encouraged, and a confidence in

the permanent stability of it maintained. We want a government that

will purify the bar, and give a judiciary of competency and integrity

such as will grace and adorn the bench for “its disposition to do

justice to all.” We want a government resolved to inflict punishment

and stamp with enduring disapprobation any league or infamous

association for the triumph of crime, no matter how distinguished or

wealthy its members may be.

The particulars of the trial now to be given, is a striking

illustration of the league for the triumph of wrong, in which not

only the executive heads of several States were concerned, but also

other high officials in power, with more of distinguished persons in

different capacities.

As the caption states, their triumph was only in name. The retribution

of truth and justice is sometimes tardy in execution; but, longer or

shorter, it is sure to come. Nearly fifteen years have elapsed, since

this trial terminated, and the public has remained uninformed to this

day of the more important features connected with it. This long silence

has favored the continuance of wealth, power, and the honors of office

for the prosecutors; while the defendant was unjustly brought to the

verge of ruin by the enormous expenses attending the trial. The phases

are now being changed—one side going out and the other coming in—one

recovering strength and the other experiencing decline and fall with

reference to the future—consequences which should _immediately_ have

followed the trial, for if justice could be forthwith done without so

much expense and delay, the evil perpetrators would soon come to an

end; or, at least, would soon become diminished in numbers.

As stated in another place, the interval betwixt the times of

giving bond and trial amounted to near forty days. One part of this

interval was devoted to making preparations for trial; the other part

was consumed in visiting on the coast with a view to gather such

information as might be of interest afterwards. The information as

to the discovery of the place of deposited money in Catahoula swamp

is one link in the chain of circumstances which attest the truth

of the “confessions;” another is the finding of the mysterious map

in a few days after the famous Harvey battle, which is in perfect

agreement with another part of the said confessions, together with the

singular circumstances in connection, which were the means of George

A. Cleaveland getting possession of the map, with other subsequent

circumstances showing the strongest of probability that he not only

understood it, but also succeeded in getting the buried gold from

Catahoula swamp.

But the opening of the city court and the time for trial were near at

hand, and the sheriff or defendant, had to leave the coast hurriedly

to repair forthwith to Mobile. He arrived there some two or three days

prior to the opening of court. He there found considerable anxiety and

excitement prevailing on the subject. A number of collected friends

from distant parts of Mississippi were there to be present and hear

the trial, which was the general theme of conversation and speculation

everywhere. Fortunate for the defendant, he arrived in time to summon

quite a number of important witnesses, who were accidently in the city

from various points on the line of the Mobile & Ohio railroad attending

a railroad meeting. DeKalb, Kemper county, was well represented in this

meeting. The delegates from this town all being men of moral worth and

of superior intelligence; J. H. Gully, P. H. Gully, H. C. Rush, A. B.

Campbell, Cornelius McLamore, and the illustrious J. S. Hamm, then

presiding judge of his district, all from the above named place. In

DeKalb, S. S. Shoemake had resided for a number of years, and these

gentlemen from the same place were very valuable as witnesses in the

estimation of the defendant; and, of course, he had them summoned

without delay right on the ground.

THE RECORDS OF THE TRIAL FROM THE CITY COURT OF MOBILE.

The Clerk of the City Court of Mobile has twice been applied to for

particulars, or for a copy of the records of the trial. In his first

reply the present Clerk freely confesses the records of the case to be

misty, suspicious, deranged, and altogether unsatisfactory, without

venturing any further opinion on the matter. In his second reply he

confesses in still stronger terms, if possible, of the confusion of the

records; important papers not on file; much missing; more deranged, and

very hard, with any amount of application of labor to make anything

of value intelligible for rigid comprehension—one case, Shoemake’s,

entirely disappearing from the docket, and no circumstances or account

left to show the cause for the same.

In substance, here follows an extract from the Clerk’s replies: “I find

by the Clerk’s indorsement, that in the November term, 1858, the Grand

Jury found bills for four cases of libel against J. R. S. Pitts, and

four indictments were framed accordingly in the same term. They are

found docketed, numbers 61, 62, 63 and 64, to be prosecuted severally

by G. Y. Overall, C. F. Moulton, G. A. Cleaveland and S. S. Shoemake.

There are four appearance bonds for six hundred dollars each, dated

January 25, 1859. The writ of arrest is dated January 15, 1859. But the

indictments are all missing. There is nothing here on file or on record

showing any action of either the Governor of Alabama or the Governor of

Mississippi with respect to the processes for arrest. The case number

64 has entirely disappeared, and no trace left to account for the same.

In the February term, 1859, the trial of J. R. S. Pitts commenced on

the 23d, continued through the 24th, and on the 25th was given to the

jury, who on the 2d day of March rendered a verdict imposing a penalty

of fifty dollars, to which finding the Court further ‘ordered that

the defendant be imprisoned in the common jail of the county for the

space of three months, and on the non-payment of the fine and costs

that he be further imprisoned until discharged according to law.’ The

case tried must have been that of Overall, 61, the papers of which

have entirely disappeared, as I cannot find them on file. The two

remaining cases, numbers 62 and 63, were continued from term to term

until February 28, 1863, when a forfeiture of bond was taken against

the defendant and his sureties, Colin McRae and James H. Daughdrill,

and then continued through several terms to 21st of March, 1864, when

judgment final was entered, and execution issued, which execution was

ordered to be returned by the Commissioners of Revenue on the payment

of all costs, the costs being paid by said Daughdrill said execution

was returned. The matter remained in this condition until January,

1867, when the defendant and his sureties were finally released by the

Commissioners of Revenue.

“The names of the Petit Jury who tried the case are Wm. B. Hayden,

James B. Post, George Mason, George M. Brower, Edward Guesnard, John R.

McBurney, W. H. Marchan, Henry T. Eatman, Walter L. Young, Benjamin F.

Hunt, John A. Bevell and Wm. H. Vincent. The only witnesses I can find

any record of are the prosecutors for themselves. The attorneys for the

prosecution were R. B. Armstead, solicitor, and Anderson & Boyle, while

Manning and Walker appeared to have conducted the defense.

“Imperfect as this history of the case is, it has cost me much search

and labor to collect from the disconnected, confused and garbled

materials left me for reference. The whole affair is a myth.”

COMMENTS ON THE RECORDS.

This communication from the City Clerk of Mobile is valuable in more

points than one. In another place he states that there is in his

office on file an affidavit from Shoemake relative to the prosecution.

The nature and subject of this affidavit was not inserted in the

Clerk’s communication. Why this affidavit of Shoemake’s as one of

the prosecutors, and none to be found from any of the other three

prosecutors, is a profound mystery. Again, affidavits before Grand

Juries, in connection with prosecution for libel, surpasses ordinary

comprehension. The missing of so many papers, and the derangement of

all others, might be charged to the neglect or carelessness of the

custodian, the then Clerk, but how can the legerdemain disappearance of

Shoemake’s name from the trial docket be accounted for? No reasons—no

cause for the same can be found! The present Clerk is bewildered,

and can give no explanation on the matter. Such being the case, is it

not reasonable to presume that the leaders of the prosecution then

controlled the files and records of the office to suit convenience?

Prosecution foul in the commencement needs props, subterfuges and

mystery in every stage of progress.

But the most impenetrable darkness of all is, Shoemake’s name being

found on the trial docket as one of the prosecuting parties. The

order in which they stand on the docket is cases number 61, 62, 63

and 64, corresponding with which the prosecutors are G. Y. Overall,

C. F. Moulton, G. A. Cleaveland and S. S. Shoemake; and in agreement

with the same, four appearance bonds are found. The question now for

solution is, did Shoemake really get a bill from the Grand Jury of

Mobile at the November term, 1858, along with the other three? The

files and records show that he did. Now let it be borne in mind that

this man was the agent to bear the requisition from the Governor of

Alabama to the Governor of Mississippi for the arrest of J. R. S.

Pitts. Let it also be borne in mind that J. R. S. Pitts is positively

certain that he never gave any bond to cover the case of Shoemake—only

three, Overall, Moulton and Cleaveland’s; and that before receiving

the Clerk’s communication, he never knew that Shoemake was one of the

docketed prosecutors; but he did learn during the time of his trial,

that Shoemake tried to get a bill in the February term, 1859, and

signally failed. Choose either end of the dilemma and the difficulty

is not at all obviated. If he did get a bill, the rascality is equally

manifest. To go to Mobile, Ala., to prosecute while he was a resident

of Mississippi, and J. R. S. Pitts also a resident of this State, is

utterly incomprehensible in any other light than a flagrant outrage on

every principle of law and justice. If he did not get a bill, the files

and records show forgery of the darkest hues. So, then, from whatever

stand-point the whole affair is viewed, atrocity and corruption of the

most aggravated character stare the impartial inquirer in the face from

every direction.

Life and bloody career of the executed criminal, James Copeland, the great Southern land pirate · 第 11 / 17 段