PART II.

BIOGRAPHICAL SKETCHES OF DISTINGUISHED MEN.

BIOGRAPHICAL SKETCH OF PEYTON RANDOLPH.

Peyton Randolph was the eldest son of Sir John Randolph,

of Virginia, a barrister at law, and an eminent practitioner at the

bar of the General Court. Peyton was educated at the College

of William and Mary in Williamsburg, and thence went to England,

and studied law at the Temple. At his return he intermarried

with Elizabeth Harrison, sister of the afterwards Governor

Harrison, entered into practice in the General Court, was afterwards

appointed the king's Attorney General for the colony, and

became a representative in the House of Burgesses (then so

called) for the city of Williamsburg.

Governor Dinwiddie having, about this period, introduced the

exaction of a new fee on his signature of grants for lands, without

the sanction of any law, the House of Burgesses remonstrated

against it, and sent Peyton Randolph to England, as their

agent to oppose it before the king and council. The interest of

the governor, as usual, prevailed against that of the colony, and

his new exaction was confirmed by the king.

After Braddock's defeat on the Monongahela, in 1755, the incursions

of the Indians on our frontiers spread panic and dismay

through the whole country, insomuch that it was scarcely possible

to procure men, either as regulars or militia, to go against

them. To counteract this terror and to set good example, a number

of the wealthiest individuals of the colony, and the highest standing

in it, in public as well as in their private relations, associated

under obligations to furnish each of them two able-bodied men,

at their own expense, to form themselves into a regiment under

the denomination of the Virginia Blues, to join the colonial force

on the frontier, and place themselves under its commander,

George Washington, then a colonel. They appointed William

Byrd, a member of the council, colonel of the regiment, and

Peyton Randolph, I think, had also some command. But the

original associators had more the will than the power of becoming

effective soldiers. Born and bred in the lap of wealth, all the

habits of their lives were of ease, indolence and indulgence.

Such men were little fitted to sleep under tents, and often without

them, to be exposed to all the intemperances of the seasons, to

swim rivers, range the woods, climb mountains, wade morasses,

to skulk behind trees, and contend as sharp shooters with the

savages of the wilderness, who in all the scenes and exercises

would be in their natural element. Accordingly, the commander

was more embarrassed with their care, than reinforced by their

service. They had the good fortune to see no enemy, and to

return at the end of the campaign rewarded by the favor of the

public for this proof of their generous patriotism and good will.

When afterwards, in 1764, on the proposal of the Stamp Act,

the House of Burgesses determined to send an address against it

to the king, and memorials to the Houses of Lord and Commons,

Peyton Randolph, George Wythe, and (I think) Robert C. Nicholas,

were appointed to draw these papers. That to the king was

by Peyton Randolph, and the memorial to the Commons was by

George Wythe. It was on the ground of these papers that those

gentlemen opposed the famous resolutions of Mr. Henry in 1765,

to wit, that the principles of these resolutions had been asserted

and maintained in the address and memorials of the year before,

to which an answer was yet to be expected.

On the death of the speaker, Robinson, in 1766, Peyton Randolph

was elected speaker. He resigned his office of Attorney

General, in which he was succeeded by his brother Randolph,

father of the late Edmund Randolph, and retired from the bar.

He now devoted himself solely to his duties as a legislator, and

although sound in his principles, and going steadily with us in

opposition to the British usurpations, he, with the other older

members, yielded the lead to the younger, only tempering their

ardor, and so far moderating their pace as to prevent their going

too far in advance of the public sentiment.

On the establishment of a committee by the legislature, to

correspond with the other colonies, he was named their chairman,

and their first proposition to the other colonies was to appoint

similar committees, who might consider the expediency of

calling a general Congress of deputies in order to procure a harmony

of procedure among the whole. This produced the call

of the first Congress, to which he was chosen a delegate, by the

House of Burgesses, and of which he was appointed, by that

Congress, its president.

On the receipt of what was called Lord North's conciliatory

proposition, in 1775, Lord Dunmore called the General Assembly

and laid it before them. Peyton Randolph quitted the chair of

Congress, in which he was succeeded by Mr. Hancock, and repaired

to that of the House which had deputed him. Anxious

about the tone and spirit of the answer which should be given

(because being the first it might have effect on those of the

other colonies), and supposing that a younger pen would be more

likely to come up to the feelings of the body he had left, he requested

me to draw the answer, and steadily supported and carried

it through the House, with a few softenings only from the

more timid members.

After the adjournment of the House of Burgesses he returned

to Congress, and died there of an apoplexy, on the 22d of October

following, aged, as I should conjecture, about fifty years.

He was indeed a most excellent man; and none was ever

more beloved and respected by his friends. Somewhat cold and

coy towards strangers, but of the sweetest affability when ripened

into acquaintance. Of attic pleasantry in conversation, always

good humored and conciliatory. With a sound and logical head,

he was well read in the law; and his opinions when consulted,

were highly regarded, presenting always a learned and sound

view of the subject, but generally, too, a listlessness to go into its

thorough development; for being heavy and inert in body, he

was rather too indolent and careless for business, which occasioned

him to get a smaller proportion of it at the bar than his

abilities would otherwise have commanded. Indeed, after his

appointment as Attorney General, he did not seem to court, nor

scarcely to welcome business. In that office he considered himself

equally charged with the rights of the colony as with those

of the crown; and in criminal prosecutions exaggerating nothing,

he aimed at a candid and just state of the transaction, believing

it more a duty to save an innocent than to convict a

guilty man. Although not eloquent, his matter was so substantial

that no man commanded more attention, which, joined with

a sense of his great worth, gave him a weight in the House of

Burgesses which few ever attained. He was liberal in his expenses,

but correct also, so as not to be involved in pecuniary

embarrassments; and with a heart always open to the amiable

sensibilities of our nature, he did as many good acts as could

have been done with his fortune, without injuriously impairing

his means of continuing them. He left no issue, and gave his

fortune to his widow and nephew, the late Edmund Randolph.

BIOGRAPHICAL SKETCH OF MERIWETHER LEWIS.[79]

Meriwether Lewis, late Governor of Louisiana, was born on

the 18th of August, 1774, near the town of Charlottesville, in

the county of Albemarle, in Virginia, of one of the distinguished

families of that State. John Lewis, one of his father's uncles,

was a member of the King's Council before the revolution; another

of them, Fielding Lewis, married a sister of General Washington.

His father, William Lewis, was the youngest of five

sons of Colonel Robert Lewis of Albemarle, the fourth of whom,

Charles, was one of the early patriots who stepped forward in the

commencement of the revolution, and commanded one of the

regiments first raised in Virginia, and placed on continental establishment.

Happily situated at home with a wife and young

family, and a fortune placing him at ease, he left all to aid in

the liberation of his country from foreign usurpations, then first

unmasking their ultimate end and aim. His good sense, integrity,

bravery, enterprise and remarkable bodily powers, marked

him an officer of great promise; but he unfortunately died early

in the revolution. Nicholas Lewis, the second of his father's

brothers, commanded a regiment of militia in the successful expedition

of 1776, against the Cherokee Indians, who, seduced

by the agents of the British government to take up the hatchet

against us, had committed great havoc on our southern frontier,

by murdering and scalping helpless women and children according

to their cruel and cowardly principles of warfare. The chastisement

they then received closed the history of their wars, prepared

them for receiving the elements of civilization, which,

zealously inculcated by the present government of the United

States, have rendered them an industrious, peaceable and happy

people. This member of the family of Lewises, whose bravery

was so usefully proved on this occasion, was endeared to all who

knew him by his inflexible probity, courteous disposition, benevolent

heart, and engaging modesty and manners. He was the

umpire of all the private differences of his county, selected always

by both parties. He was also the guardian of Meriwether

Lewis, of whom we are now to speak, and who had lost his

father at an early age. He continued some years under the

fostering care of a tender mother, of the respectable family of

Meriwethers of the same county, and was remarkable even in

his infancy for enterprise, boldness and discretion. When only

eight years of age, he habitually went out, in the dead of the

night, alone with his dogs, into the forest to hunt the raccoon and

opossum, which, seeking their food in the night, can then only

be taken. In this exercise no season or circumstance could obstruct

his purpose, plunging through the winter's snows and

frozen streams in pursuit of his object. At thirteen, he was put

to the Latin school, and continued at that until eighteen, when

he returned to his mother, and entered on the cares of his farm,

having, as well as a younger brother, been left by his father

with a competency for all the correct and comfortable purposes

of temperate life. His talent for observation, which had led

him to an accurate knowledge of the plants and animals of his

own county, would have distinguished him as a farmer; but at

the age of twenty, yielding to the ardor of youth, and a passion

for more dazzling pursuits, he engaged as a volunteer in the

body of militia which were called out by General Washington,

on occasion of the discontents produced by the excise taxes in

the western parts of the United States; and from that situation

he was removed to the regular service as a lieutenant in the line.

At twenty-three he was promoted to a captaincy; and always

attracting the first attention where punctuality and fidelity were

requisite, he was appointed paymaster to his regiment. About

this time a circumstance occurred which, leading to the transaction

which is the subject of this book, will justify a recurrence

to its original idea. While I resided in Paris, John Ledyard of

Connecticut arrived there, well known in the United States for

energy of body and mind. He had accompanied Captain Cook

in his voyage to the Pacific ocean, and distinguished himself on

that voyage by his intrepidity. Being of a roaming disposition,

he was now panting for some new enterprise. His immediate

object at Paris was to engage a mercantile company in the fur

trade of the western coast of America, in which, however, he

failed. I then proposed to him to go by land to Kamschatka,

cross in some of the Russian vessels to Nootka Sound, fall down

into the latitude of the Missouri, and penetrate to and through

that to the United States. He eagerly seized the idea, and only

asked to be assured of the permission of the Russian government.

I interested in obtaining that M. de Simoulin, M. P. of the

Empress at Paris, but more especially the Baron de Grimm, M.

P. of Saxe-Gotha, her more special agent and correspondent

there, in matters not immediately diplomatic. Her permission

was obtained, and an assurance of protection while the course

of the voyage should be through her territories. Ledyard set

out from Paris and arrived at St. Petersburg after the Empress

had left that place to pass the winter (I think) at Moscow. His

finances not permitting him to make unnecessary stay at St.

Petersburg, he left it with a passport from one of the ministers,

and at two hundred miles from Kamschatka, was obliged to take

up his winter quarters. He was preparing in the spring to resume

his journey, when he was arrested by an officer of the

Empress, who, by this time, had changed her mind, and forbidden

his proceeding. He was put into a close carriage and conveyed

day and night, without ever stopping, till they reached

Poland, where he was set down and left to himself. The fatigue

of this journey broke down his constitution, and when he

returned to Paris, his bodily strength was much impaired. His

mind, however, remained firm; and after this he undertook the

journey to Egypt. I received a letter from him, full of sanguine

hopes, dated at Cairo, the 15th of November, 1788, the day before

he was to set out for the head of the Nile, on which day; however,

he ended his career and life; and thus failed the first attempt

to explore the western part of our northern continent.

In 1792 I proposed to the A. P. S., that we should set on

foot a subscription to engage some competent person to explore

that region in the opposite direction, that is, by ascending

the Missouri, crossing the Stony mountains, and descending the

nearest river to the Pacific. Captain Lewis being then stationed

at Charlottesville on the recruiting service, warmly solicited me

to obtain for him the execution of that object. I told him it

was proposed that the person engaged should be attended by a

single companion only, to avoid exciting alarm among the Indians.

This did not deter him. But Mr. André Michaux, a

professed botanist, author of the "_Flora Boreali-Americana_,"

and of the "_Histoire des chenes d'Amerique_," offering his services,

they were accepted. He received his instructions, and

when he had reached Kentucky in the prosecution of his journey,

he was overtaken by an order from the minister of France

then at Philadelphia, to relinquish the expedition, and to pursue

elsewhere the Botanical inquiries on which he was employed by

that government; and thus failed the second attempt for exploring

that region.

In 1803, the act for establishing trading houses with the Indian

tribes being about to expire, some modifications of it were

recommended to Congress by a confidential message of January

18th, and an extension of its views to the Indians on the Missouri.

In order to prepare the way, the message proposed the

sending an exploring party to trace the Missouri to its source, to

cross the highlands and follow the best water communication

which offered itself from thence to the Pacific ocean. Congress

approved the proposition, and voted a sum of money for carrying

it into execution. Captain Lewis, who had then been near two

years with me as private secretary, immediately renewed his solicitations

to have the direction of the party. I had now had

opportunities of knowing him intimately. Of courage undaunted,

possessing a firmness and perseverance of purpose which nothing

but impossibilities could divert from its direction, careful as a

father of those committed to his charge, yet steady in the maintenance

of order and discipline, intimate with the Indian character,

customs and principles. Habituated to the hunting life,

guarded by exact observation of the vegetables and animals of

his own country, against losing time in the description of objects

already possessed, honest, disinterested, liberal, of sound understanding,

and a fidelity to truth so scrupulous that whatever he

should report would be as certain as if seen by ourselves, with

all these qualifications as if selected and implanted by nature in

one body, for this express purpose, I could have no hesitation in

confiding the enterprise to him. To fill up the measure desired,

he wanted nothing but a greater familiarity with the technical

language of the natural sciences, and readiness in the astronomical

observations necessary for the geography of his route.

To acquire these he repaired immediately to Philadelphia, and

placed himself under the tutorage of the distinguished professors

of that place, who, with a zeal and emulation, enkindled by an

ardent devotion to science, communicated to him freely the information

requisite for the purposes of the journey. While attending

to at Lancaster, the fabrication of the arms with which

he chose that his men should be provided, he had the benefit of

daily communication with Mr. Andrew Ellicott, whose experience

in astronomical observation and practice of it in the woods, enabled

him to apprize Captain Lewis of the wants and difficulties

he would encounter, and of the substitutes and resources offered

by a woodland and uninhabited country. Deeming it necessary

he should have some person with him of known competence to

the direction of the enterprise, and to whom he might confide

it, in the event of accident to himself, he proposed William

Clarke, brother of General George Rogers Clarke, who was approved,

and with that view received a commission of captain.

In April, 1803, a draught of his instructions was sent to Captain

Lewis, and on the 20th of June they were signed in the following

form:

"To Meriwether Lewis, Esquire, Captain of the 1st regiment

of infantry of the United States of America:

"Your situation as Secretary of the President of the United

States has made you acquainted with the objects of my confidential

message of January 18th, 1803, to the legislature; you

have seen the act they passed, which, though expressed in general

terms, was meant to sanction those objects, and you are appointed

to carry them into execution.

"Instruments for ascertaining by celestial observations, the

geography of the country through which you will pass, have

been already provided. Light articles for barter and presents

among the Indians, arms for your attendants, say for from ten

to twelve men, boats, tents and other travelling apparatus, with

ammunition, medicine, surgical instruments and provisions, you

will have prepared with such aids as the Secretary at War can

yield in his departments; and from him also you will receive authority

to engage among our troops, by voluntary agreement, the

number of attendants above mentioned, over whom you, as their

commanding officer, are invested with all the powers the laws

give in such a case.

"As your movements while within the limits of the United

States will be better directed by occasional communications,

adapted to circumstances as they arise, they will not be noticed

here. What follows will respect your proceedings after your

departure from the United States.

"Your mission has been communicated to the ministers here

from France, Spain and Great Britain, and through them to their

governments; and such assurances given them as to its objects,

as we trust will satisfy them. The country of Louisiana having

been ceded by Spain to France, the passport you have from

the minister of France, the representative of the present sovereign

of that country, will be a protection with all its subjects;

and that from the minister of England will entitle you to the

friendly aid of any traders of that allegiance with whom you

may happen to meet.

"The object of your mission is to explore the Missouri river,

and such principal streams of it, as, by its course and communication

with the waters of the Pacific ocean, whether the Columbia,

Oregon, Colorado, or any other river, may offer the most direct

and practicable water communication across the continent

for the purposes of commerce.

"Beginning at the mouth of the Missouri, you will take observations

of latitude and longitude at all remarkable points on the

river, and especially at the mouths of rivers, at rapids, at islands,

and other places and objects distinguished by such natural marks

and characters of a durable kind as that they may with certainty

be recognized hereafter. The courses of the river between these

points of observation may be supplied by the compass, the log-line

and by time, corrected by the observations themselves. The

variations of the compass too, in different places, should be

noticed.

"The interesting points of the portage between the heads of

the Missouri, and of the water offering the best communication

with the Pacific ocean, should also be fixed by observation, and

the course of that water to the ocean, in the same manner as

that of the Missouri.

"Your observations are to be taken with great pains and accuracy,

to be entered distinctly and intelligibly for others as well

as yourself, to comprehend all the elements necessary, with the

aid of the usual tables, to fix the latitude and longitude of the

places at which they were taken, and are to be rendered to the

war office, for the purpose of having the calculations made concurrently

by proper persons within the United States. Several

copies of these as well as of your other notes should be made at

leisure times, and put into the care of the most trust-worthy of

your attendants, to guard, by multiplying them, against the accidental

losses to which they will be exposed. A further guard

would be that one of these copies be on the paper of the birch,

as less liable to injury from damp than common paper.

"The commerce which may be carried on with the people inhabiting

the line you will pursue, renders a knowledge of those

people important. You will, therefore, endeavor to make yourself

acquainted, as far as a diligent pursuit of your journey shall

admit, with the names of the nations and their numbers; the

extent of their possessions; their relations with other tribes or

nations; their language, traditions, monuments; their ordinary

occupations in agriculture, fishing, hunting, war, arts, and the

implements for these; their food, clothing and domestic accommodations;

the diseases prevalent among them, and the remedies

they use; moral and physical circumstances which distinguish

them from the tribes we know; peculiarities in their laws, customs

and dispositions; and articles of commerce they may need

or furnish, and to what extent; and, considering the interest

which every nation has in extending and strengthening the authority

of reason and justice among the people around them, it

will be useful to acquire what knowledge you can of the state

of morality, religion, and information among them, as it may

better enable those who may endeavor to civilize and instruct

them, to adopt their measures to the existing notions and practices

of those on whom they are to operate.

"Other objects worthy of notice will be, the soil and face of

the country, its growth and vegetable productions, especially

those not of the United States, the animals of the country generally,

and especially those not known in the United States; the

remains and accounts of any which may be deemed rare or extinct;

the mineral productions of every kind, but particularly

metals, lime-stone, pit-coal and salt-petre; salines and mineral

waters, noting the temperature of the last, and such circumstances

as may indicate their character; volcanic appearances; climate,

as characterized by the thermometer, by the proportion of

rainy, cloudy, and clear days, by lightning, hail, snow, ice, by

the access and recess of frost, by the winds prevailing at different

seasons, the dates at which particular plants put forth or

lose their flower or leaf, times of appearance of particular birds,

reptiles or insects.

"Although your route will be along the channel of the Missouri,

yet you will endeavor to inform yourself, by inquiry, of the

character and extent of the country watered by its branches, and

especially on its southern side. The north river, or Rio Bravo,

which runs into the Gulf of Mexico, and the north river, or Rio

Colorado, which runs into the Gulf of California, are understood

to be the principal streams heading opposite to the waters of

the Missouri, and running southwardly. Whether the dividing

grounds between the Missouri and them are mountains or flat

lands, what are their distance from the Missouri, the character of

the intermediate country, and the people inhabiting it, are

worthy of particular inquiry. The northern waters of the Missouri

are less to be inquired after, because they have been ascertained

to a considerable degree, and are still in a course of ascertainment

by English traders and travellers. But if you can

learn anything certain of the most northern source of the Mississippi,

and of its position relatively to the lake of the woods,

it will be interesting to us. Some account, too, of the path of

the Canadian traders from the Mississippi, at the mouth of the

Ouisconsing to where it strikes the Missouri, and of the soil and

rivers in its course, is desirable.

"In all your intercourse with the natives, treat them in the most

friendly and conciliatory manner which their own conduct will

admit; allay all jealousies as to the object of your journey, satisfy

them of its innocence; make them acquainted with the position,

extent, character, peaceable and commercial dispositions of the

United States, of our wish to be neighborly, friendly and useful

to them, and of our dispositions to a commercial intercourse with

them; confer with them on the points most convenient as mutual

emporiums, and the articles of most desirable interchange

for them and us. If a few of their influential chiefs within practicable

distance, wish to visit us, arrange such a visit with them,

and furnish them with authority to call on our officers, on their

entering the United States, to have them conveyed to this place

at the public expense. If any of them should wish to have some

of their young people brought up with us, and taught such arts

as may be useful to them, we will receive, instruct, and take care

of them. Such a mission, whether of influential chiefs or of

young people, would give some security to your own party.

Carry with you some matter of the kine pox; inform those of

them with whom you may be, of its efficacy as a preservative

from the small pox; and instruct and encourage them in the use

of it. This may be especially done wherever you winter.

"As it is impossible for us to foresee in what manner you will

be received by those people, whether with hospitality or hostility,

so is it impossible to prescribe the exact degree of perseverance

with which you are to pursue your journey. We value

too much the lives of citizens to offer them to probable destruction.

Your numbers will be sufficient to secure you against the

unauthorized opposition of individuals or of small parties; but if

a superior force, authorized or not authorized by a nation, should

be arrayed against your further passage, and inflexibly determined,

to arrest it, you must decline its farther pursuit, and return. In

the loss of yourselves, we should lose also the information you

will have acquired. By returning safely with that, you may enable

us to renew the essay with better calculated means. To

your own discretion, therefore, must be left the degree of danger

you may risk, and the point at which you should decline, only

saying we wish you to err on the side of your safety, and to

bring us back your party safe, even if it be with less information.

"Should you reach the Pacific ocean, inform yourself of the circumstances

which may decide whether the furs of those parts

may not be collected as advantageously at the head of the Missouri

(convenient as is supposed to the waters of the Colorado

and Oregon or Columbia), as at Nootka Sound, or any other point

of that coast; and that trade be consequently conducted through

the Missouri and United States more beneficially than by the

circumnavigation now practised.

"As far up the Missouri as the white settlements extend, an intercourse

will probably be found to exist between them and the

Spanish posts of St. Louis opposite Cahokia, or St. Genevieve

opposite Kaskaskia. From still further up the river, the traders

may furnish a conveyance for letters. Beyond that, you may

perhaps be able to engage Indians to bring letters for the government

to Cahokia or Kaskaskia, on promising that they shall

there receive such special compensation as you shall have stipulated

with them. Avail yourself of these means to communicate

to us, at seasonable intervals, a copy of your journal, notes, and

observations, of every kind, putting into cypher whatever might

do injury if betrayed.

"On your arrival on that coast, endeavor to learn if there be any

post within your reach frequented by the sea vessels of any nation,

and to send two of your trusty people back by sea, in such

way as shall appear practicable, with a copy of your notes; and

should you be of opinion that the return of your party by the

way they went will be imminently dangerous, then ship the whole,

and return by sea, by the way either of Cape Horn or the Cape

of Good Hope, as you shall be able. As you will be without

money, clothes, or provisions, you must endeavor to use the

credit of the United States to obtain them, for which purpose

open letters of credit shall be furnished you, authorizing you to

draw on the executive of the United States, or any of its officers,

in any part of the world, on which draughts can be disposed of,

and to apply with our recommendations to the consuls, agents,

merchants, or citizens of any nation with which we have intercourse,

assuring them in our name, that any aids they may furnish

you, shall be honorably repaid, and on demand. Our consuls,

Thomas Hewes at Batavia in Java, William Buchanan in

the Isles of France and Bourbon, and John Elmslie at the Cape

of Good Hope, will be able to supply your necessities by draughts

on us.

"Should you find it safe to return by the way you go, after

sending two of your party round by sea, or with your whole

party, if no conveyance by sea can be found, do so; making

such observations on your return, as may serve to supply, correct,

or confirm those made on your outward journey.

"On re-entering the United States and reaching a place of safety,

discharge any of your attendants who may desire and deserve

it, procuring for them immediate payment of all arrears of pay

and clothing which may have incurred since their departure, and

assure them that they shall be recommended to the liberality of

the legislature for the grant of a soldier's portion of land each,

as proposed in my message to Congress; and repair yourself with

your papers to the seat of government.

"To provide in the accident of your death, against anarchy,

dispersion and the consequent danger to your party, and total

failure of the enterprise, you are hereby authorized, by any instrument

signed and written in your own hand, to name the person

among them who shall succeed to the command on your

decease, and by like instruments to change the nomination from

time to time as further experience of the characters accompanying

you shall point out superior fitness; and all the powers and

authorities given to yourself are, in the event of your death, transferred

to, and vested in the successor so named, with further

power to him, and his successors in like manner, to name each

his successor, who, on the death of his predecessor, shall be invested

with all the powers and authorities given to yourself.

"Given under my hand at the city of Washington, this 20th

day of June, 1803.

"THOMAS JEFFERSON, President of the U. States of America."

* * * * *

While these things were going on here, the country of Louisiana,

lately ceded by Spain to France, had been the subject of

negotiation between us and this last power; and had actually

been transferred to us by treaties executed at Paris on the 30th

of April. This information, received about the 1st day of July,

increased infinitely the interest we felt in the expedition, and

lessened the apprehensions of interruption from other powers.

Everything in this quarter being now prepared, Captain Lewis

left Washington on the 5th of July, 1803, and proceeded to

Pittsburg, where other articles had been ordered to be provided

for him. The men, too, were to be selected from the military

stations on the Ohio. Delays of preparation, difficulties of navigation

down the Ohio, and other untoward obstructions, retarded

his arrival at Cahokia until the season was so far advanced as to

render it prudent to suspend his entering the Missouri before the

ice should break up in the succeeding spring. From this time

his journal, now published, will give the history of his journey

to and from the Pacific ocean, until his return to St. Louis on

the 23d of September, 1806. Never did a similar event excite

more joy through the United States.

The humblest of its citizens had taken a lively interest in the

issue of this journey, and looked forward with impatience for

the information it would furnish. Their anxieties, too, for the

safety of the corps had been kept in a state of excitement by

lugubrious rumors, circulated from time to time on uncertain authorities,

and uncontradicted by letters or other direct information

from the time they had left the Mandan towns on their ascent

up the river in April of the preceding year, 1805, until their

actual return to St. Louis.

It was the middle of Feb. 1807, before Capt. Lewis with his

companion Clarke reached the city of Washington, where Congress

was then in session. That body granted to the two chiefs

and their followers, the donation of lands which they had been

encouraged to expect in reward of their toils and dangers. Capt.

Lewis was soon after appointed Governor of Louisiana, and Capt.

Clarke a General of its militia, and agent of the United States

for Indian affairs in that department.

A considerable time intervened before the Governor's arrival

at St. Louis. He found the territory distracted by feuds and

contentions among the officers of the government, and the people

themselves divided by these into factions and parties. He

determined at once to take no sides with either, but to use every

endeavor to conciliate and harmonize them. The even-handed

justice he administered to all soon established a respect for his

person and authority, and perseverance and time wore down

animosities, and reunited the citizens again into one family.

Governor Lewis had from early life been subject to hypochondriac

affections. It was a constitutional disposition in all the

nearer branches of the family of his name, and was more immediately

inherited by him from his father. They had not, however,

been so strong as to give uneasiness to his family. While

he lived with me in Washington, I observed at times sensible

depressions of mind, but knowing their constitutional source, I

estimated their course by what I had seen in the family. During

his western expedition, the constant exertion which that required

of all the faculties of body and mind, suspended these

distressing affections; but after his establishment at St. Louis in

sedentary occupations, they returned upon him with redoubled

vigor, and began seriously to alarm his friends. He was in a

paroxysm of one of these when his affairs rendered it necessary

for him to go to Washington. He proceeded to the Chickasaw

bluffs, where he arrived on the 15th of September, 1809, with a

view of continuing his journey thence by water. Mr. Neely,

agent of the United States with the Chickasaw Indians, arriving

there two days after, found him extremely indisposed, and betraying

at times some symptoms of a derangement of mind.

The rumors of a war with England, and apprehensions that he

might lose the papers he was bringing on, among which were

the vouchers of his public accounts, and the journals and papers

of his western expedition, induced him here to change his mind,

and to take his course by land through the Chickasaw country.

Although he appeared somewhat relieved, Mr. Neely kindly determined

to accompany and watch over him. Unfortunately, at

their encampment, after having passed the Tennessee one day's

journey, they lost two horses, which obliging Mr. Neely to halt

for their recovery, the Governor proceeded under a promise to

wait for him at the house of the first white inhabitant on his

road. He stopped at the house of a Mr. Grinder, who, not being

at home, his wife, alarmed at the symptoms of derangement she

discovered, gave him up the house, and retired to rest herself in

an out-house; the Governor's and Neely's servants lodging in

another. About 3 o'clock in the night he did the deed which

plunged his friends into affliction, and deprived his country of one

of her most valued citizens, whose valor and intelligence would

have been now employed in avenging the wrongs of his country,

and in emulating by land the splendid deeds which have

honored her arms on the ocean. It lost, too, to the nation the

benefit of receiving from his own hand the narrative now offered

them of his sufferings and successes in endeavoring to extend

for them the boundaries of science, and to present to their knowledge

that vast and fertile country which their sons are destined

to fill with arts, with science, with freedom and happiness.

To this melancholy close of the life of one whom posterity

will declare not to have lived in vain, I have only to add that

all the facts I have stated, are either known to myself, or communicated

by his family or others, for whose truth I have no

hesitation to make myself responsible; and I conclude with tendering

you the assurances of my respect and consideration.

FOOTNOTE:

[79] TO MR. PAUL ALLEN, PHILADELPHIA.

MONTICELLO, April 13, 1813.

SIR,--In compliance with the request conveyed in your letter

of May 25th, I have endeavored to obtain from the relations

and friends of the late Governor Lewis, information of such

incidents of his life as might be not unacceptable to those

who may read the narrative of his western discoveries.

The ordinary occurrences of a private life, and those

also while acting in a subordinate sphere in the army, in

a time of peace, are not deemed sufficiently interesting

to occupy the public attention; but a general account of

his parentage, with such smaller incidents as marked early

character, are briefly noted, and to these are added, as

being peculiarly within my own knowledge, whatever related

to the public mission, of which an account is not to be

published. The result of my inquiries and recollections

shall now be offered, to be enlarged or abridged as you

may think best, or otherwise to be used with the materials

you may have collected from other sources.

BIOGRAPHICAL SKETCH OF GENERAL KOSCIUSKO.

1. _Circumstances relating to General Kosciusko previously

to his joining the American Army._ Kosciusko was born in

the Grand Duchy of Silliciania in the year 1752. His family

was noble, and his patrimony considerable; circumstances

which he justly appreciated, for as belonging to himself they

were never matters of boasting, and rarely subjects of notice,

and as the property of others only regarded as advantages

when accompanied by good sense and good morals.

The workings of his mind on the subject of civil liberty were

early and vigorous; before he was twenty the vassalage of his

serfs filled him with abhorrence, and the first act of his manhood

was to break their fetters.

In the domestic quarrel between the king and the dissidents

in 1761, he was too young to take a part, but the partition of

Poland in 1772 (of which this quarrel was one of the pretences),

engaged him in the defence of his country, and soon made him

sensible of the value of military education, which he afterwards

sought in the schools of Paris. It was there and while prosecuting

this object, that he first became acquainted with the name

of America, and the nature of the war in which the British colonies

were then engaged with the mother country. In the summer

of 1776 he embarked for this country, and in October of

that year was appointed by Congress a Colonel of Engineers.

2. _Services of the General during the war._ In the spring of

1777 he joined the northern army, and in July following the

writer of this notice left him on Lake Champlain engaged in

strengthening our works at Ticonderoga and Mount Independence.

The unfortunate character of the early part of this campaign

is sufficiently known. In the retreat of the American

army Kosciusko was distinguished for activity and courage, and

upon him devolved the choice of camps and posts and everything

connected with fortifications. The last frontier taken by

the army while commanded by Gen. Schuyler was on an island

in the Hudson near the mouth of the Mohawk river, and within

a few miles of Albany. Here Gates, who had superseded

Schuyler, found the army on the ---- day of August. Public

feeling and opinion were strikingly affected by the arrival of

this officer, who gave it a full and lasting impression by ordering

the army to advance upon the enemy. The state of things at

that moment are well and faithfully expressed by that distinguished

officer, Col. Udney Hay, in a letter to a friend. "Fortune,"

says he, "as if tired of persecuting us, had began to

change, and Burgoyne had suffered materially on both his flanks.

But these things were not of our doing; the main army, as it

was called, was hunted from post to pillar, and dared not to

measure its strength with the enemy; much was wanting to reinspire

it with confidence in itself, with that self-respect without

which an army is but a flock of sheep, a proof of which is

found in the fact, that we have thanked in general orders a detachment

double the force of that of the enemy, for having

dared to return their fire. From this miserable state of despondency

and terror, Gates' arrival raised us, as if by magic. We

began to hope and then to act. Our first step was to Stillwater,

and we are now on the heights called Bhemus', looking the

enemy boldly in the face. Kosciusko has selected this ground,

and has covered its weak point (its right) with redoubts from the

hill to the river." In front of this camp thus fortified two battles

were fought, which eventuated in the retreat of the enemy

and his surrender at Saratoga!

The value of Colonel Kosciusko's services during this campaign,

and that of 1778, will be found in the following extract

from a letter of General Gates written in the spring of 1780:

"My dear friend: After parting with you at Yorktown, I got

safely to my own fireside, and without inconvenience of any

kind, excepting sometimes cold toes and cold fingers. Of this

sort of punishment, however, I am, it seems, to have no more,

as I am destined by the Congress to command in the South. In

entering on this new and (as Lee says) most difficult theatre of

the war, my first thoughts have been turned to the selections of

an Engineer, an Adjutant-General and a Quarter-Master-General,

Kosciusko, Hay and yourself, if I can prevail upon you all,

are to fill these offices, and will fill them well. The

_excellent qualities_ of the Pole, which no one knows better

than yourself, are now acknowledged at head-quarters, and may

induce others to prevent his joining us. But his promise once

given, we are sure of him."

The ---- of Gates, for which the preceding extract had prepared

us, was given and accepted, and though no time was lost

by Kosciusko, his arrival was not early enough to enable him to

give his assistance to his old friend and General. But to Greene

(his successor) he rendered the most important services to the

last moment of the war, and which were such as drew from that

officer the most lively, ardent, repeated acknowledgments, which

induced Congress, in October, 1783, to bestow upon him the

brevet of Brigadier General, and to pass a vote declaratory _of their

high sense of his faithful and meritorious conduct_.

The war having ended, he now contemplated returning to

Poland, and was determined in this measure by a letter from

Prince Joseph Poniatowski, nephew of the king and generalissimo

of the army. It was, however, ten years after this period (1783)

before Kosciusko drew the sword on the frontiers of Cracovia.

3. _Conduct of Kosciusko in France._ When Bonaparte created

the Duchy of Warsaw and bestowed it on the King of Saxony,

great pains were taken to induce Kosciusko to lend himself to the

frontier and support of that policy. Having withstood both the

smiles and the frowns of the minister of police, a last attempt

was made through the General's countrywoman and friend, the

Princess Sassiche. The argument she used was founded on the

condition of Poland, which, she said, no change could make worse,

and that of the General which even a small change might make

better. "But on this head I have a _carte blanche_, Princess," answered

the General (taking her hand and leading her to her carriage),

"it is the first time in my life I have wished to shorten

your visit; but you shall not make me think less respectfully of

you than I now do."

When these attempts had failed, a manifesto in the name of

Kosciusko, dated at Warsaw and addressed to the Poles, was

fabricated and published at Paris. When he complained of this

abuse of his name, &c., the minister of Police advised him to go

to Fontainebleau.

ANECDOTES OF DOCTOR FRANKLIN.[80]

Our revolutionary process, as is well known, commenced by petitions,

memorials, remonstrances, &c., from the old Congress.

These were followed by a non-importation agreement, as a pacific

instrument of coercion. While that was before us, and

sundry exceptions, as of arms, ammunition, &c., were moved

from different quarters of the house, I was sitting by Dr. Franklin

and observed to him that I thought we should except books;

that we ought not to exclude science, even coming from an enemy.

He thought so too, and I proposed the exception, which

was agreed to. Soon after it occurred that medicine should be

excepted, and I suggested that also to the Doctor. "As to that,"

said he, "I will tell you a story. When I was in London, in

such a year, there was a weekly club of physicians, of which

Sir John Pringle was President, and I was invited by my friend

Dr. Fothergill to attend when convenient. Their rule was to

propose a thesis one week and discuss it the next. I happened

there when the question to be considered was whether physicians

had, on the whole, done most good or harm? The young members,

particularly, having discussed it very learnedly and eloquently

till the subject was exhausted, one of them observed to

Sir John Pringle, that although it was not usual for the President

to take part in a debate, yet they were desirous to know his

opinion on the question. He said they must first tell him whether,

under the appellation of physicians, they meant to include

_old women_, if they did he thought they had done more good

than harm, otherwise more harm than good."

The confederation of the States, while on the carpet before

the old Congress, was strenuously opposed by the smaller States,

under apprehensions that they would be swallowed up by the

larger ones. We were long engaged in the discussion; it produced

great heats, much ill humor, and intemperate declarations

from some members. Dr. Franklin at length brought the debate

to a close with one of his little apologues. He observed that

"at the time of the union of England and Scotland, the Duke

of Argyle was most violently opposed to that measure, and

among other things predicted that, as the whale had swallowed

Jonas, so Scotland would be swallowed by England. However,"

said the Doctor, "when Lord Bute came into the government,

he soon brought into its administration so many of his

countrymen, that it was found in event that Jonas swallowed the

whale." This little story produced a _general_ laugh, and restored

good humor, and the article of difficulty was passed.

When Dr. Franklin went to France, on his revolutionary

mission, his eminence as a philosopher, his venerable appearance,

and the cause on which he was sent, rendered him extremely

popular. For all ranks and conditions of men there, entered

warmly into the American interest. He was, therefore, feasted

and invited to all the court parties. At these he sometimes met

the old Duchess of Bourbon, who, being a chess player of about

his force, they very generally played together. Happening once

to put her king into prize, the Doctor took it. "Ah," says she,

"we do not take kings so." "We do in America," said the Doctor.

At one of these parties the emperor Joseph II. then at Paris,

incog., under the title of Count Falkenstein, was overlooking the

game in silence, while the company was engaged in animated

conversations on the American question. "How happens it M. le

Comte," said the Duchess, "that while we all feel so much interest

in the cause of the Americans, you say nothing for them?"

"I am a king by trade," said he.

When the Declaration of Independence was under the consideration

of Congress, there were two or three unlucky expressions

in it which gave offence to some members. The words

"Scotch and other foreign auxiliaries" excited the ire of a gentleman

or two of that country. Severe strictures on the conduct

of the British king, in negotiating our repeated repeals of the

law which permitted the importation of slaves, were disapproved

by some Southern gentlemen, whose reflections were not yet

matured to the full abhorrence of that traffic. Although the offensive

expressions were immediately yielded, these gentlemen

continued their depredations on other parts of the instrument. I

was sitting by Dr. Franklin, who perceived that I was not insensible

to these mutilations. "I have made it a rule," said he,

"whenever in my power, to avoid becoming the draughtsman of

papers to be reviewed by a public body. I took my lesson from

an incident which I will relate to you. When I was a journeyman

printer, one of my companions, an apprentice hatter, having

served out his time, was about to open shop for himself. His

first concern was to have a handsome sign-board, with a proper

inscription. He composed it in these words, 'John Thompson,

_Hatter_, _makes_ and _sells hats_ for ready money,' with a figure of

a hat subjoined; but he thought he would submit it to his friends

for their amendments. The first he showed it to thought the

word '_Hatter_' tautologous, because followed by the words

'makes hats,' which show he was a hatter. It was struck out.

The next observed that the word '_makes_' might as well be

omitted, because his customers would not care who made the

hats. If good and to their mind, they would buy, by whomsoever

made. He struck it out. A third said he thought the words

'_for ready money_' were useless, as it was not the custom of the

place to sell on credit. Every one who purchased expected to

pay. They were parted with, and the inscription now stood,

'John Thompson sells hats.' '_Sells hats_' says his next friend!

Why nobody will expect you to give them away, what then is

the use of that word? It was stricken out, and '_hats_' followed

it, the rather as there was one painted on the board. So the inscription

was reduced ultimately to 'John Thompson' with the

figure of a hat subjoined."

The Doctor told me at Paris the two following anecdotes of

the Abbé Raynal. He had a party to dine with him one day

at Passy, of whom one half were Americans, the other half

French, and among the last was the Abbé. During the dinner

he got on his favorite theory of the degeneracy of animals, and

even of man, in America, and urged it with his usual eloquence.

The Doctor at length noticing the accidental stature and position

of his guests, at table, "Come," says he, "M. l'Abbé, let us try

this question by the fact before us. We are here one half Americans,

and one half French, and it happens that the Americans

have placed themselves on one side of the table, and our French

friends are on the other. Let both parties rise, and we will see

on which side nature has degenerated." It happened that his

American guests were Carmichael, Harmer, Humphreys, and

others of the finest stature and form; while those of the other

side were remarkably diminutive, and the Abbé himself particularly,

was a mere shrimp. He parried the appeal, however,

by a complimentary admission of exceptions, among which the

Doctor himself was a conspicuous one.

The Doctor and Silas Deane were in conversation one day at

Passy, on the numerous errors in the Abbé's "_Histoire des deux

Indes_," when he happened to step in. After the usual salutations,

Silas Deane said to him, "The Doctor and myself, Abbé,

were just speaking of the errors of fact into which you have been

led in your history." "Oh, no, Sir," said the Abbé, "that is impossible.

I took the greatest care not to insert a single fact, for

which I had not the most unquestionable authority." "Why,"

says Deane, "there is the story of Polly Baker, and the eloquent

apology you have put into her mouth, when brought before a

court of Massachusetts to suffer punishment under a law which

you cite, for having had a bastard. I know there never was

such a law in Massachusetts." "Be assured," said the Abbé,

"you are mistaken, and that that is a true story. I do not immediately

recollect indeed the particular information on which I

quote it; but I am certain that I had for it unquestionable authority."

Doctor Franklin, who had been for some time shaking

with unrestrained laughter at the Abbé's confidence in his

authority for that tale, said, "I will tell you, Abbé, the origin

of that story. When I was a printer and editor of a newspaper,

we were sometimes slack of news, and, to amuse our customers,

I used to fill up our vacant columns with anecdotes and fables,

and fancies of my own, and this of Polly Baker is a story of my

making, on one of these occasions." The Abbé, without the

least disconcert, exclaimed with a laugh, "Oh, very well, Doctor,

I had rather relate your stories than other men's truths."

FOOTNOTE:

[80] TO ROBERT WALSH, ESQ.

MONTICELLO, December 4, 1818.

DEAR SIR,--Yours of November 8th has been some time

received; but it is in my power to give little satisfaction

as to its inquiries. Dr. Franklin had many political

enemies, as every character must which, with decision

enough to have opinions, has energy and talent to give them

effect on the feelings of the adversary opinion. These

enmities were chiefly in Pennsylvania and Massachusetts:

in the former they were merely of the proprietary party;

in the latter they did not commence till the revolution,

and then sprung chiefly from personal animosities, which

spreading by little and little, became at length of some

extent. Dr. Lee was his principal calumniator, a man of much

malignity, who, besides enlisting his whole family in the

same hostility, was enabled, as the agent of Massachusetts

with the British government, to infuse it into that State

with considerable effect. Mr. Izard, the Doctor's enemy

also, but from a pecuniary transaction, never countenanced

these charges against him. Mr. Jay, Silas Deane, Mr.

Laurens, his colleagues also, ever maintained towards him

unlimited confidence and respect. That he would have waived

the formal recognition of our Independence I never heard on

any authority worthy notice. As to the fisheries, England

was urgent to retain them exclusively, France neutral;

and I believe that had they been ultimately made a _sine

quâ non_, our commissioners (Mr. Adams excepted) would have

relinquished them rather than have broken off the treaty.

To Mr. Adams' perseverance alone on that point I have

always understood we were indebted for their reservation.

As to the charge of subservience to France, besides the

evidence of his friendly colleagues before named, two

years of my own service with him at Paris, daily visits,

and the most friendly and confidential conversations,

convince me it had not a shadow of foundation. He possessed

the confidence of that government in the highest degree,

insomuch that it may truly be said that they were more

under his influence than he under theirs. The fact is that

his temper was so amiable and conciliatory, his conduct

so rational, never urging impossibilities, or even things

unreasonably inconvenient to them, in short so moderate and

attentive to their difficulties as well as our own, that

what his enemies called subserviency, I saw was only that

reasonable disposition, which, sensible that advantages

are not all to be on one side, yielding what is just

and liberal, is the more certain of obtaining liberality

and justice. Mutual confidence produces of course mutual

influence, and this was all which subsisted between Dr.

Franklin and the government of France.

I state a few anecdotes of Dr. Franklin, within my own

knowledge, too much in detail for the scale of Delaplaine's

work, but which may find _a cadre_ in some of the more

particular views you contemplate. My health is in a

great measure restored, and our family joins with me in

affectionate recollections and assurances of respect.

THE PROCEEDINGS

OF THE

GOVERNMENT OF THE UNITED STATES

IN MAINTAINING THE PUBLIC RIGHT TO THE BEACH OF THE

MISSISSIPPI, ADJACENT TO NEW ORLEANS, AGAINST THE

INTRUSION OF EDWARD LIVINGSTON.

PREPARED FOR THE USE OF COUNSEL,

BY THOMAS JEFFERSON.

CONTENTS.[81]

Page

Title of the Jesuits, 5

Term 'face au fleuve,' 5

Confiscation, 5

Title of B. Gravier, 5

Establishment into a fauxbourg, 5

Gravier's sale, 6

Streets, 8

Beach or batture, 9

Purchase by Inventory, 9

Livingston's arrival, 11

Parisien, 11

De la Bigarre, 13

Decision of Court, 14

Alarm occasioned, 14

Servitude of maintaining road, 14

United States no party to the decision, 16

Livingston's Intrusion, 17

Appeal to government of U. States, 18

Livingston's works, 19

Deliberation of the Cabinet, 21

What law to decide, 21

Proclamation of O'Reilly, 21

French code, 22

Roman law, 23

Alluvion, 26

Edict of Louis XIV 33

Napoleon Code, 34

Portalis, 34

M. Moreau de Lislet, 36

Note.--M. Thierry, 38

Rural and Urban possessions, 39

Principal and accessory, 41

The Beach or Batture not Alluvion, 42

The bed, beach, bank of a river, 44

Missisipi, 49

Nile, 50

Property of the bed and bank, 52

Limitations of the rights of property, 54

Surety, 58

Levées and Police of Missisipi, 61

Suspension of Livingston's works,

and the authorities by which, 62

Nature of those works, 63

Remedies, to wit, Abatement of

Nuisance, 64

Forcible entry, recaption, 65

Roman law de vi bonorum raptorum, 66

Squatters, 68

Jurisdiction over public property,

in whom, 68

When it results to the courts, 68

Act of Congress, 1807, c. 91, 68

Remitter, 69

Recapitulation, 70

Opinions and Orders of the Government, 72

Proceedings under them, 72

Chancery injunction from the court, 73

Proceedings of the legislature of

Orleans, 76

Message to Congress, 76

Removal of the case before them, 77

Responsibility of a public functionary, 78

FOOTNOTE:

[81] The figures in this table refer to the pages of the original

edition of Mr. Jefferson's pamphlet, which in this edition

are marked with an asterisk, and placed in the margin.

PREFACE.

Edward Livingston, of the territory of Orleans, having taken possession

of the beach of the river Missisipi adjacent to the city of New-Orleans,

in defiance of the general right of the nation to the property and use

of the beaches and beds of their rivers, it became my duty, as charged

with the preservation of the public property, to remove the intrusion,

and to maintain the citizens of the United States in their right to a

common use of that beach. Instead of viewing this as a public act, and

having recourse to those proceedings which are regularly provided for

conflicting claims between the public and an individual, he chose to

consider it as a private trespass committed on his freehold, by myself

personally, and instituted against me, after my retirement from office,

an action of trespass, in the circuit court of the United States for

the district of Virginia.

Being requested by my Counsel to furnish them with a statement of the

facts of the case, as well as of my own ideas of the questions of right,

I proceeded to make such a statement, fully as to facts, but briefly

and generally as to the questions of right. In the progress of the

work, however, I found myself drawn insensibly into details, and finally

concluded to meet the questions generally which the case would present,

and to expose the weakness of the plaintiff's pretensions, in addition

to the strength of the public right. These questions were of course

to arise under the laws of the territory of Orleans, composed of the

Roman, the French, and Spanish codes, and written in those languages.

The books containing them are so rare in this country as scarcely to be

found in the best-furnished libraries. Having more time than my Counsel,

consistently with their duties to others, could bestow on researches so

much out of the ordinary line, I thought myself bound to facilitate their

labors, and furnish them with such materials as I could collect. I did

it by full extracts from the several authorities, and in the languages in

which they were originally written, that they might judge for themselves

whether I misinterpreted them. These materials and topics, expressed in

the technical style of the law, familiar to them, they were of course to

use or not to use, according to the dictates of their better judgment. If

used, it would be with the benefit of being delivered in a form better

suited to the public ear. I passed over the question of jurisdiction,

because that was one of ordinary occurrence, and its limitations well

ascertained. On this, in event, the case was dismissed; the court being

of opinion they could not decide a question of title to lands not within

their district. My wish had rather been for a full investigation of

the merits at the bar, that the public might learn, in that way, that

their servants had done nothing but what the laws had authorized and

required them to do. Precluded now from this mode of justification, I

adopt that of publishing what was meant originally for the private eye

of counsel. The apology for its general complexion, more formal than

popular, must be found as well in the character of the question, as in

the views with which its discussion had been prepared. The necessity,

indeed, of continuing the elaborate quotations, is strengthened in the

case of ordinary readers, who are supposed to have still less opportunity

of turning to the authorities from which these are taken.

The questions arising, being many and independent of each other, admitted

not a methodical and luminous arrangement. Proceeding, therefore, in a

course of narrative, I have met and discussed the points of law in the

order in which events presented them; thus securing, as we go along, the

ground we pass over, and leaving nothing adversary or doubtful behind.

Hence the mixture of fact and law which will be observed through the

whole.

Vouchers for the facts are regularly referred to. These are principally,

1. Affidavits taken and published on the part of the plaintiff, and of

the city of New-Orleans, very deeply interested in this question. 2.

Printed statements, by the counsel on each side, uncontradicted by the

other, of facts under their joint observation and knowledge. 3. Records.

4. Notarial acts, and 5. Letters and reports of public functionaries

filed in the office of the department of state.

_Feb. 25, 1812._

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