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.