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Notes from the
PROOFS of the CORRUPTION OF GEN. JAMES WILKINSON.
AND OF HIS CONNEXION WITH AARON BURR
- by Daniel Clark.
[“Notes” Pages 161-180]

Daniel Clark   15 Star Flag    1766-1813

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Editor's
Note

Each section below reflects a true page of this historical publication. Note links refer to the letters and documents that Daniel Clark used as evidence of his former friend's treachery. People and place name links are to biographical and geographical pages in Encyclopedia Louisiana. Time links are to the Encyclopedia Louisiana Timeline.

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and followers; it will be an host of choice spirits. Wilkinson shall be second to Burr only; Wilkinson shall dictate the rank and promotion of his officers. Burr will proceed westward 1st August, never to return; with him go his daughter; the husband will follow in October, with a corps of worthies.
“Send forthwith an intelligent and confidential friend, with whom Burr may confer; he shall return immediately, with further interesting details; this is essential to concert and harmony of movement; sends a list of all persons known to Wilkinson, wet of the mountains’ who may be useful, with a note delineating their characters. By your messenger send me four or five of the commissions of your officers, which you can borrow under any pretence you please; they shall be returned faithfully. Already are orders to the contractor given in forward six months’ provisions to points Wilkinson may name; this not be used until the last moment, and then under proper injunctions; the project is brought to the point so long desired. Burr guarantees the result with his life and honour, with the lives, the honour and fortunes of hundreds, the bet blood of our country. Burr’s plan of operations is, to move down rapidly from the falls on the 15th November, with the first 500 or 1000 men, in light boats now constructing for that purpose, to be at Natchez between the 5th and 15th of December; there to meet Wilkinson; there to determine whether it will be expedient in the first instance to seize on or pass by Baton Rouge; on receipt of this, send an answer; draw on Burr for all expenses, &c. The people of the country to which we are going are prepared to receive us; their agents now with Burr say, that if we will protect their religion, and will not subject them to a foreign power, that in three weeks all will be settled. The Gods invite to glory and fortune; it remains to be seen whether we deserve the boon; the bearer of this goes express to you; he will hand a formal letter of introduction to you from Burr; he is a man of inviolable honour and perfect discretion; formed to execute rather than project; capable of relating facts with fidelity, and incapable of relating them otherwise; he is thoroughly informed of the plans and intentions of _____________________________________________________, and will disclose to you as far as you enquire, and no further; he has imbibed a reverence for your character, and may be embarrassed in your presence; put him at ease, and he will satisfy you.
“19th July”


I instantly resolved to avail myself of the reference made to the bearer, and in the course of some days, drew from him (the said Swartwout) the following disclosure: “That he had been dispatched by Colonel
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Burr from Philadelphia, had passed through the states of Ohio and Kentucky, and proceeded from Louisville for St. Louis, where he expected to find me, but discovering at Kaskaskias that I had descended the river, he procured a skiff, hired hands, and followed me down the Missisippi to Fort Adams, and from thence set out for Natchitoches, in company with Captains Sparks and Hooke, under the pretence of a disposition to take part in the campaign against the Spaniards, then depending. That Colonel Burr, with the support of a powerful association, extending from New-York to New Orleans, was levying an armed body of 7000 men, from the state of New York and the western states and territories, with a view to carry an expedition against the Mexican provinces, and that 500 men, under Colonel Swartwout and a Colonel or Major Tyler, wee to descend the Alleghany, for whose accommodation light boats had been built, and were ready.” I enquired what would be their course? He said, “This territory would be revolutionized, where the people were ready to join them, and that there would be some seizing, he supposed, at New-Orleans; that they expected to be ready to embark about the first of February, and intended to land at Vera Cruz, and to march from thence to Mexico.” I observed that there were several millions of dollars in the Bank of this place; to which he replied, “We know it full well;” and on remarking that they certainly did not mean to violate private property, he said they ‘merely meant to borrow, and would return it; that they must equip themselves in New Orleans; that they expected naval protection from Great Britain; that the Captain _____ and the officers of out navy were so disgusted with the government that they were ready to join; that similar disgusts prevailed throughout the western country, where people were zealous in favor of the enterprise, and that pilot boat built schooners were contracted for along our southern coast for their service; that he had been accompanied from the Falls of Ohio to Kaskaskias, and from thence to Fort Adams, by a Mr. Ogden, who had proceeded on to New Orleans with letters from Colonel Burr to his friends there.” Swartwout asked me whether I had heard from Doctor Bollman; and on my answering in the negative, he expressed great surprise and observed. “That the Doctor and a Mr. Alexander had left Philadelphia before him, with dispatches for me, and that they were to proceed by sea to New Orleans, where he said they must have arrived.”
Though determined to deceive him, if possible, I could not refrain telling Mr. Swartwout it was impossible that I could ever dishonour my commission; and I believe I duped him by my admiration of the plan, and by observing, “That although I could not join in the expedition, the engagements which the Spaniards had prepared for me,
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in my front, might prevent my opposing it; “Yet I did, the moment I had deciphered the letter, put it into the hands of Colonel Cushing, my adjutant and inspector, making the declaration that I should oppose the lawless enterprize with my utmost force. Mr. Swartwout he was under engagements to meet Colonel Burr at Nashville the 20th of November, and requested of me to write him, which I declined; and on his leaving Natchitoches about the 18th of October, I immediately employed Lieutenant T. A. Smith to convey the information, in substance, to the President, without the commitment of names; for, from the extraordinary nature of the project, and the more extraordinary appeal to me., I could not but doubt its reality, notwithstanding the testimony before me, and I did not attach solid belief to Mr. Swartwout’s reports respecting their intentions on this territory and city, until I received confirmatory advice from St. Louis.
After my return from the Sabine, I crossed the country to Natchez, and upon my descent of the Missisippi from that place, I found Swartwout and Peter V. Ogden at Fort Adams: with the latter I held no communication, but was informed by Swartwout, that he (Ogden) had returned so far from New Orleans, on his rout to Tennessee, but had been so much alarmed by certain reports in circulation, that he was afraid to proceed. I enquired whether he bore letters with him from New Orleans, and was informed by Swartwout that he did not, but that a Mr. Spence had been sent from New Orleans through the country to Nashville, with letters fro Colonel Burr.
I reached this city the 25th ultimo, and on the next morning James Alexander, Esq. Visited me; he enquired of me aside whether I had seen Doctor Bollman, and on my answering in the negative, he asked me whether I would suffer him to conduct Bollman to me, which I refused. He appeared desirous to communicate something, but I felt no inclination to inculpate this young man, and he left me. A few days after he paid me a second visit, and seemed desirous to communicate, which I avoided until he had risen to take leave; I then raised my finger, and observed “Take care, you are playing a dangerous game.” He answered, “I will succeed.” I again observed, “Take care;” and he replied, with a strong affirmation, “Burr will be here by the beginning of next month.” In addition to these corroborating circumstances against Alexander, I beg leave to refer to accompanying documents, A. B. From all which I feel no hesitation in declaring, under the solemn obligation of oath, that I do believe the said Swartwout, Alexander, and Ogden, have been parties to, and have been concerned in the insurrection formed or forming in the states and
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territories on the Ohio and Missisippi rivers, against the laws and constitution of the United States.
(Signed)
JAMES WILKINSON

Sworn to and subscribed, before me, this 26th day of
December, in the year of our lord 1806.
(Signed)
GEORGE POLLOCK,
Justice of the Peace for the county of Orleans.



— §§§ § §§§—

NOTE No. 82.


MR. BOTTS. called for the key to the ciphered letters of Col. Burr. Gen Wilkinson handed him a small pocket dictionary, and a paper containing certain hieroglyphics. Mr. Botts ­ In the duplicate received by Dr. Bollman there is an erasure. Will you so good as to explain the cause of it.?
Gen. Wilkinson ­ That erasure was made by myself, and the words afterwards introduced by me. I have a deposition which will be more satisfactory than my own explanation. Mr. Botts ­ Whose deposition? A. Mr. Duncan’s/ (Mr. Wirt read the deposition of Mr. Duncan, for which see note H.) Mr. Botts ­ When was the erasure made? A. During the sitting of the Legislature in New Orleans. Q. When were the words restored? A. I cannot now state with certainty. Q. Was the letter exhibited to the Legislature? A. It was introduced, but I confined myself to oral communications. Q. What was the occasion of the erasure? A. To put it out of the power of a certain faction in the Legislature, to whom, at the time, I intended to submit the paper; to conceal it from that faction who were opposed to my measures, and who, I believed, were inimical to the true interests of their country, and were labouring to excite suspicions that I was connected with Col. Burr, in order to destroy the public confidence in me, and thus defeat my measures. At the head of this faction I considered John Watkins, Esq. the Speaker. Having determined not so submit the paper, I restored the words. Q. Did you prepare any translation to submit to the legislature? A. No. I only made notes. Q. Did you make a translation for any other purpose? A. Only a partial and imperfect one. Q. For what purpose? A. To understand it. Q. Was there any other occasion for which a translation was made? A. No. Q Did you make any translations for the executive? A. No. Q. Were those words. “your’s post-marked 13th of May, “erased? A. Yes. Q.
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Where is the copy of your letter, covering a copy of that of Col. Burr, and your deposition to the President of the United States? A. It is among my papers. Mr. Hay ­ Do I understand you correctly, when I suppose you say, that the translation intended for the Legislature of New Orleans was sent to the President? A. No. (Mr. Hay immediately observed, that, on recollecting dates, He perceived that he had misunderstood General Wilkinson; that the letter was sent to the President before the session of the Legislature of New Orleans.) Mr. Botts ­ Do I understand you to say that this was your translation of the letter which was intended for the Legislature of New Orleans? A. No. It was Mr. Duncan’s. Mr. Botts ­ Have you ever sworn that this was a true translation? A. No, Only substantially so. (General Wilkinson ­ May I be permitted to offer a few words of explanation? When Dr. Bollman was arrested, I will confess to you that I was so little acquainted with judicial proceedings, that I did not know that it was necessary to do more than accompany him with a letter of advice. I was about to send him off in this way, When Mr. Duncan suggested to me the propriety of sending forward a deposition, to justify his commitment. I put the letter into the hands of Mr. Duncan, with the key; and he made out the interpretation. When Mr. Duncan presented the translation to me, I stated my objections to the omissions. He urged me to sign the deposition. The time was urgent; the express waiting; and I confess that I feared a rescue. This did not give me much time to consult my understanding. If I had, it is probable that I should have resisted the signing of the deposition, with those omissions, not withstanding my confidence in the judgment and integrity of my counsel. I was, also, at the time, oppressed by domestic afflictions; and my mind was hurried and agitated by the painful and interesting scenes which surrounded me.
Mr. Botts ­ Were there variations between this original letter in cypher, and that sent to the President? A. Yes. Mr. Botts ­ Were they noticed by you, or by Mr. Duncan in your presence? A. I suppose so; because I objected generally to the omissions.
Mr. Wickham ­ Have you ever accurately deciphered the letter sent to the President? A. No. I have said before that the only interpretation I ever made was hastily done at Natchitoches. Mr. Wickham ­ Then you are not able to point out the difference between Mr. Duncan’s translation and the original letter? A. Specifically I cannot; substantially I can. Such parts were left out as were calculated to inculpate me, for the reasons already stated.
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NOTE No. 83.

AFFIDAVIT OF MR. A. L. DUNCAN


DURING the commotions excited in New Orleans last winter by what was termed Colonel Burr’s Conspiracy, and his associates and accomplices in that place, I was called upon in my professional capacity by General Wilkinson, for counsel and advise in some measures which he was about to adopt. The temper and disposition which I had discovered in New Orleans and the reports which daily reached the city from above induced the belief that half-measures were not suited to the times, and that the public safety required the exertion of extraordinary energies. I therefore urged the General repeatedly to the seizure of suspected persons, and the declaration of martial law, when Bollman was seized, I suggested to the General the expediency of transmitting with him a statement of facts, on oath, to justify the step, and to warrant his commitment. He then put the letters which he said were written to him by Swartwout and Bollman, into my hands, on which, together with some further information and knowledge of their views, which the General possessed, I framed the deposition which accompanied Bollman, intentionally omitting every thing which was calculated to inculpate the General, or which might, by exciting suspicions, have a tendency to weaken his testimony. Having prepared the deposition, I presented it to General Wilkinson, to be deposed to, who strongly and repeatedly objected to the omissions I had made, and urged warmly that the whole should be introduced. He also desired that a declaration of Bollman , with which he frequently interlarded his conversations should be entered, viz. “That he had come to New Orleans with the views to the settlement of lands on the Ouachita, and was a mere spectator.” And it was only after a full exposition of the sole objects of the document, that I could prevail on him to depose it. It is idle and absurd to impute any sinister intention to the omission, because on any trial which might ensue, it was known the original documents must be introduced, as the have been. I recollect, during the winter, Gen. Wilkinson was called before the Legislature of the territory to give an account of the state of public affairs, and he informed me he had intended to submit to their inspection Col. Burr’s duplicate, he having erased such parts as had been intended to implicate him, as he knew several of the Members, and particularly the Speaker, to be interested in opposition to his measures, and for the promotion of such a state of things aw was best calculated to favour Colonel Burr’s enterprise. I understand that the erasure made on this duplicate was but partial, the General having de-
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termined to give oral information to the Legislature, which employed him two successive days; and that he considered the duplicate unimportant, (whilst the original has been preserved untouched) excepting the short paragraph relative to Bollman, which is preserved in its original state, and the only words erased, “your letter post-marked 13th May is received,” have been re-inserted in the General’s own hand. On or about the 15th of August, since my arrival in this city, General Wilkinson put into my hands and those of J. L. Donaldson, Esq. for or five letters observing to us, “I submit to you those letters, which I have not examined since I left St. Louis; they are from Col. Burr. I do not recollect their particular contents, but having received them in confidence, and knowing they blend personalities and politics, I have not permitted myself to re-examine them, because I fell an insuperable repugnance to violate the trust of any man. I give them to you, here is the cypher, decipher them, consider their contents well, and then inform me whether their promulgation may be necessary to my honour.” We did so, and we gave the General our opinion, that the promulgation might be necessary and proper. From an examination of those letters, and the General’s evident surprise, and prompt declaration of his ignorance, when we communicated certain passages of these letters, it was my own and Mr. Donaldson’s opinion that he had but partially deciphered them.
In answer to interrogatories on the part of Col. Burr, I recollect to have solicited the command of a party to Natchez, for the purpose of arresting Col. Burr, and discovered from the instructions which the General possessed, together with the state of things at that period, that the measure was warrantable; and having seen several communications from the government to General Wilkinson, and particularly that in reply to his letter of 21st October, I had no doubt of the sanction of government to any measures which were calculated to defeat the views of col. Burr. I have seen communications of a confidential nature from the President to General Wilkinson, and I believe in reply to the General’s letter of the 21st of October.
(Signed)
A. L. DUNCAN.

City of Richmond, SCT.
Sworn to and subscribed, before me, this
5th day of September, 1807
(Signed)
HENRY S. SHORE


A true copy, Teste,
(Signed)
WILLIAM MARSHALL, Clerk.

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NOTE No. 84.

MESSAGE from the President of the United States, communicating documents and information touching the official conduct of Brigadier-General James Wilkinson, in pursuance of a resolution of the House of Representatives of the 13th instant. ­ Read (January 20, 1808) and referred to Messrs, J. Montgomery, Nicholas, Upham, Smilie, Taylor, G. W. Campbell, and J. K. Smith.


TO THE HOUSE OF REPREASENTATIVES OF THE UNITED STATES.

SOME days previous to your resolution of the 13th instant, a court of enquiry had been instituted, at the request of General Wilkinson, charged to make enquiry into his conduct, which the first resolution desires, and had commenced their proceedings. To the Judge Advocate of that court the papers and information on that subject, transmitted to me by the House of Representatives, have been delivered, to be used according to the rules and powers of the court.
The request of a communication of any information which may have been received at any time since the establishment of the present government, touching combinations with foreign agents for dismemberment of the Union, or the corrupt receipt of money by any officer of the United States from agents of foreign governments, can be complied with, but in a partial degree.
It is well understood, that in the first or second year of the presidency of George Washington, information was given to him relating to certain combinations with the agents of a foreign government, for the dismemberment of the Union; which combinations had taken place before the establishment of the present federal government. This information, however, is believed never to have been deposited in any public office, or left in that of the President’s Secretary; these hving been duly examined; but to have been considered as personally confidential, and therefore retained among his private papers. A communication from the Governor of Virginia to President Washington is found in the office of the President’s Secretary, which, although not strictly within the terms of the request of the House of Representatives, is communicated, in as much as it may throw some light on the subjects of the correspondence of that time, between certain foreign agents and citizens of the United States.
In the first or second year of the Administration of President Adams, Andrew Ellicottm then employed in designating, in conjunction with the Spanish authorities, the boundaries between the territories of the United States and of Spain, under the treaty with that nation, communicated to the Executive of the United States, papers and information re-
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specting the subjects of the present enquiry, which were deposited in the office of State. Copies of these are now transmitted to the House of Representatives, except of a single letter and reference from the said Andrew Ellicott, which, being expressly desired to be kept secret, is therefore not communicated; but its contents can be obtained from himself in a more legal form; and directions have been given to summon him to appear as a witness before a court of enquiry.
A paper “on the commerce of Louisiana,” bearing date the 18th of April, one thousand seven hundred and ninety eight, is found in the office of state, supposed to have been communicated by Mr. Daniel Clark of New Orleans, then a subject of Spain, and now of the House of Representatives of the United States, stating certain commercial transactions of General Wilkinson in New Orleans; and extract from this is now communicated, because it contains facts which may have some bearing on the question relating to him.
The destruction of the war office by fire, in the close of 1800, involved all information it contained at that date.
The papers already described, therefore, constitute the whole of the information on these subjects, deposited in the public offices, during the preceding administrations, as far as has yet been found; but it cannot be affirmed that there may be no other, because the papers of the office being filed, for the most part, alphabetically, unless aided by the suggestion of any particular name which may have given such information, nothing short of a careful examination of the papers in the offices generally could authorize such an affirmation.
About a twelvemonth after I came to the administration of the government, Mr. Clark gave some verbal information to myself, as well as to the Secretary of State, relating to the same combinations for the dismemberment of the Union. He was listened to freely; and he then delivered the letter of Governor Gayoso, addressed to himself, of which a copy is now communicated. After his return to New Orleans he forwarded to the Secretary of State other papers, with a request that after perusal they should be burnt. This, however, was not done; and he was so informed by the Secretary of State, and that they should be held subject to his orders. These papers have not yet been found in the office. A letter therefore has been addressed to the former chief clerk, who may perhaps give information respecting them. As far as our memories enable us to say, they related only to the combinations before spoken of, and not at all to the corrupt receipt of money by any officer of the United States; consequently they respected what was considered as a dead matter, known to the preceding administrations, and offering nothing new to call for investigations, which those nearest the dates of the transactions had not thought proper to institute.

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In the course of the communications made to me on the subject of the conspiracy of Aaron Burr, I sometimes received letters, some of them anonymous, under other names true or false, expressing suspicions and insinuations against General Wilkinson. But one only of them, and that anonymous, specified any particular fact, and that fact was one of those which had been already communicated to a former administration.
No other information; within the purview of the request of the house, is known to have been received, by any department of the government, from the establishment of the present federal government. That which has been recently communicated to the House of Representatives, and by them to me, is the first direct testimony ever made known to me, charging General Wilkinson with a corrupt receipt of money; and the House of Representatives may be assured that the duties which this information devolves on me shall be exercised with vigourous impartiality. Should any want of power in the court to compel the rendering of testimony obstruct that full and impartial enquiry, which alone can establish guilt or innocence, and satisfy justice, the legislative authority only will be competent to the remedy?
TH: JEFFERSON.

January 20, 1808


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NOTE No. 85.

FRANCISCO DE RIANO’S AFFIDAVIT

(Translation)


I, the undersigned, do certify and declare, that about the end of the year 1797, the majority of the Cabildo of this city, of which I myself was a member, being desirous of electing for the office of Procurator Syndic (who is the person particularly charged with the interests of the people) a man whose character for firmness and integrity was well known and who would not refuse to do his duty on account of the danger he might thereby incur, commissioned me to propose to Mr. Daniel Clark to accept this office, assuring him that he would have nine votes of the twelve of which the Cabildo was composed. In consequence of this resolution I made the proposal to Mr. Clark, stating to him at the same time, that the principal service which was expected of him was, that he should oblige Don Manuel Gayoso, then Governor, to account for the public monies which he had got into his possession. Mr. Clark requested me to return thanks to those who had requested
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me to make him this proposal, and to assure them, in his name, that he would accept the commission with the greatest pleasure, if they would dispense with his taking the oath of allegiance to the government, of which he was not looked on as a subject, although until then he had through particular considerations, enjoyed its favour and protection. Having communicated his answer to the members, and perceived with sorrow that his objection was insurmountable, we mad choice of another person to carry our views into execution.

New Orleans, 15 March, 1809

(Signed)
FRANCISCO DE RIANO.



— §§§ § §§§—

NOTE No. 86.

ANTONIO DE ARGOTE’S AFFIDAVIT

(Translation)


I, the undersigned, a resident since the year 1780 in the city of New Orleans, do certify and declare, that in the month of February, 1798, in consequence of some personal disagreement which took place between the Seignor Don Manuel Gayoso, then Governor of Louisiana, and Mr. Daniel Clark, jun. He (the Governor) compelled Daniel Clark, sen. The uncle of the said Clark, jun to take from him his general power of attorney when he had given him to transact his business, stating that, as D. C. jun. Was not a subject of Spain, he could not make use of that power in any affair before the tribunals of that nation, and that the uncle refused; and having set out for his plantation in the district of Natchez, the aforesaid Governor had him stopped by two armed dragoons, at some leagues from the city, and brought back to it, where he put him under arrest, until he agreed to the revocation of the aforesaid power of attorney, which was then given to me by the aforesaid Daniel Clark, sen. In the office of Don Carlos Xemenes, Notary Public, dates the 10th February, of the said year 1798, which I attest in due form, to answer the necessary purposes.

New Orleans, 7th April, 1809.

(Signed)
ANTONIO DE ARGOTE.

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NOTE No. 87.

THOMAS JEFFERSON, PRESIDENT OF THE UNITED
STATES OF AMERICA

To all who shall see these presents, Greetings:


KNOW YE, That reposing special trust and confidence in the abilities and integrity of Daniel Clark, a citizen of the United States, resident at New Orleans, I have nominated, and by and with the advise and consent of the Senate, do appoint him Consul of the United States of America, for the port of New Orleans, and such other ports as shall be nearer thereto that to the residence of any other Consul or Vice-Consul of the United States within the same allegiance; and do authorize and empower him to HAVE and to HOLD the said office, and to exercise and enjoy all the rights, pre-eminences, privileges and authorities, to the same of right appertaining, during the pleasure of the United States for the time being: He demanding and receiving no fees or perquisites of office whatever, which shall not be expressly established by some law of the said United States. And I do hereby enjoin all Captains, Masters and Commanders of ships and other vessels, armed or unarmed, sailing under the flag of the said States, as well as all other of their citizens, to acknowledge and consider him the said Daniel Clark accordingly. And I do hereby pray and request His Catholic Majesty, his Governors and Officers, to permit the said Daniel Clark fully and peaceably to enjoy and exercise the said office, without giving, or suffering to be given unto him, any molestation or trouble; but on the contrary to afford him all proper continence and assistance; I offering to do the same for all those who shall in like manner be recommended to me by his said Catholic Majesty.
INTESTIMONY WHEREOF, I have caused these letters to be made Patent, and the Seal of the United States to be hereunto affixed.
GIVEN under my Hand, at the City of Washington, the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and two; and of the Independence of the United States of America the twenty-sixth.
TH: JEFFERSON

BY THE PRESIDENT,
JAMES MADISON,
Secretary of State.

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NOTE No. 88.


Extract of a letter from Daniel Clark, to the Secretary of State, dated New-Orleans, March 8, 1803.
AS a proof that expectations of assistance from ourselves against our own government have been always relied on by the Spaniards, and they have constantly looked to a division of our western states from the general government, I now forward you an order to receive from Washington Morton, Esq. of New-York, a sealed packet which I left in his possession when I set out for Europe, and which I then mentioned I would shew you at my return , not thinking at that time that circumstances would occur so soon as to render the disclosure a measure of immediate necessity. Among othr papers of less importance in this packet is a small part of the correspondence of the Baron de Carondelet with the officer commanding Fort St. Ferdinand, at the Chickasaw Bluffs, in which he suffers his plans and views to be clearly perceived, and which were solely aimed at our destruction; the remainder are, as well as I recollect, copies of talks and letters to and from the Chickasaw Indians; and, by the Baron de Carondelet’s letter to the officer, you will perceive that the fact I advised you of, respecting the annual pension of five hundred dollars to Uguluycabe cannot be disputed.
Should you think these documents of sufficient importance to require my presence in Washington, to elucidate any part of them, I shall immediately sacrifice all private business of my own, and hasten there; and, in the mean time, will endeavour to collect from undoubted sources such other information relative to this subject as may be acceptable.
Although for four or five years past I had a perfect conviction that the intrigues of the Spaniards with the western country were not for the time dangerous, on the account of the incapacity of the Governors of this province, and their want of pecuniary means; yet, fearful of what might happen in future, should more enlightened and ambitious chiefs preside over it, I could not last year resist the temptation of hinting my suspicions of what had been formerly done in this way to the President, at an interview with which he honoured me, and I even went so far as to assert that a person, supposed to be an agent from the state of Kentucky, had been here in the end of 1795 and beginning of 1796, to negotiate on the part of that state, independent of the general government, for the navigation of the Missisippi, before the result of the treaty of St, Lorenzo was known, wishing that this hint might induce the President to cause enquiry to be made into the circumstance, which he could easily find the means of investigating; but, as he made
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no other enquiry of me respecting it than merely in what year the thing happened, it then struck me that he must have had other information on the subject, and that he thought it needless to hear any thing more about it. By great accident I have lately learned something which induces me to suppose that any information he may have received respecting the measure alluded to has been incorrect, and given with a view of misleading him, that you may know how far I am right in my suspicions. The information I possessed on the subject, could not from the way in which it was obtained, be accompanied with what would be proof to convict the person concerned, or I should have openly accused him in the face of the world; but to me it amounts to a moral certainty of his guilt, and my conduct to him shewed, on all occasions, how much I detested his object and his person. The same want of proof positive, sufficient to convict him, prevents me at present from naming him; but if enquiry is diligently made about the influential character from Kentucky, who at that period was so long in Natchez, and afterwards here, what his business was and what was the idea entertained of him, enough will doubtless be discovered to put our government on its guard against him and others of his stamp, and against all foreign machinations in that quarter in future.


— §§§ § §§§—

NOTE No. 89.


New Orleans, 24th January, 1804.

SIR,
SINCE the arrival of our Commissioners in this city, when my functions as Consul ceased, by possession of the province being given to them, I have forborne to write to you, persuaded there would be no further need of any communications from me, as the could be more satisfactorily made by them. But in justification of my conduct, and in proof of what I have constantly asserted were the views of the French government and of the Prefect, with respect to the U. S. had they once got firmly established here, I think it necessary to intrude once more on you, and mention that, at an entertainment given to our Commissioners by Monsieur Laussat, he unreservedly informed Governor Claiborne that Bonaparte, previous to the departure of General Victor from Paris, had told him, that he might count on a war with Great Britain, in less than twelve months after his arrival in Louisiana, and that he must, immediately after knowledge of that event, take possession of Canada. When asked by the Governor how he was to get there? the
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reply was through your country: our plan was, to take post on the Lakes, and with this view we should have them always in readiness. He added, that England had a right to half the waters of these Lakes, and there was no way of drawing a line on the water, to separate the two nations; and as he had a right to the navigation, she of necessity must be entitled to make use of the shore for her safety; and therefore France had a right to occupy them and would have done so, to dispossess the English, without its being possible for the U. S. to prevent them. He alluded to a conversation he held with Gen. Dayton, who had represented to him the impossibility of out living on friendly terms with France, if she possessed Louisiana, as she would attempt the dismemberment of our country, and said he would not deny but such would be her policy; that it was not however their fault, but that of the mountains, which were the natural boundary of the U. S. He further confessed having mentioned his utter disbelief of the success Munroe’s mission, till officially advised by his own government; and said, that had it not been for the situation of affairs in Europe, Mr. Munroe would not have dared to propose the cession of Louisiana to the U. S. even after his arrival in Paris. He boasted of the facility, with which he could have defended this country against all the force of the U. S. had he only 7000 French troops; and ridiculed the idea of our attempt to dispossess him, as he said we were unacquainted with grand movement, and unable to defray the expenses they would occasion., with many other remarks of the same nature. I was surprised at these communications, as I knew no good purpose they could possibly answer, and for the truth of them refer you to the Governor himself, who could not easily get over the impression they made on him. He came to this country much prejudiced in favour of the Prefect, but I believe he is by this time very desirous of getting fairly rid of him, and convinced that the differences formerly subsisting between Laussat and myself did not proceed from any fault of mine, but from the violence and impetuosity of his temper, which led him very frequently to speak of our country and its government in a manner so disrespectful, as could not be borne by a person holding a commission under it. As his language and conduct changed, so did mine; with respect to him, and his dispatches to Mr. Pichon, as well as in his communications to our Commissioners and the public here, he has given ample testimony of the satisfaction he experienced in my co-operation, and the assistance I afforded him; and I may even flatter myself that it contributed more than all of his own measures to preserve good order and tranquility during his short administration. To our own Commissioners I have given every possible aid and assistance, whenever it could be useful, and shall continue to do so while
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my services can avail them. They have many difficulties to encounter, and some of those which I have long foreseen now present themselves.
On these subjects, as they do not regard me, I shall be silent, but I take the liberty to suggest to you the necessity of making some immediate-regulations with respect to the shipping owned by the citizens of the country, and having the revenue system put in force here in the same manner as in the U. S. as the payment of duties on our exports (especially to the U. S.) causes universal dissatisfaction, and the people complain that in this respect they are placed in a worse situation then when subjects of Spain, for under her government imports from thence and exports to the mother country paid no duty whatever, and to her colonies but two per cent, and imports from them nothing. They have an idea, that the government of the U. S. having put itself in the place of Spain, imports form and exports to them should be free of duty; that it was so contemplated by our government, but misunderstood by the Collector; and on these subjects a petition has been forwarded, through the governor, to Congress, which, if attended to, will produce great effect, and the sums to be returned will be trifling. The Collector has mentioned to me his intention of representing to the Secretary of the Treasury the propriety of complying with the wishes of the people in this particular, and with your assistance, I presume there would be no difficulty in accomplishing it. The shipping belongs to the port, formerly entitled to Spanish registers, are deprived of these documents, and, not being hitherto furnished with American papers, are laid up, to the prejudice of their owners, who, had they been inclined to emigrate to other Spanish colonies, instead of remaining citizens of the U. S. would have their vessels employed, and every favour and indulgence shewn them by the officers of the Spanish government; and it is to be hoped this conduct will not be productive of injury to them.
I remain, &c.

The HON. James Madison.


— §§§ § §§§—

NOTE No. 90.


Washington, February 10th, 1804.

DEAR SIR
THE inclosed letter was sent to me by Mrs. Clark, with a request that it might be forwarded to you.
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I take this occasion of congratulating you on the successful termination of the measures for placing Louisiana in our hands, and of repeating my acknowledgments for the active and useful services which you have rendered on the occasion. The bill providing a government for this acquisition has not yet passed through Congress. The novelty of the circumstances, added to the nature of the subject, has given rise to an unusual diversity of opinions and length of discussion.
The papers which you were so good as to transfer into my hands from those of Mr. Morton, of New-York, remain subject tot your orders. Shall I forward them to you, and How? Or is there any other disposition of them that would be preferred by you. I remain, Sir, with much esteem,
Your obedient servant,
JAMES MADISON.



— §§§ § §§§—

NOTE No. 91.


Bayou Sarah, M. T. 15th March 1804.

SIR,
I HAVE been favoured this day with your letter of the 10th ult. And am thankful for your kindness in forwarding its enclosure.
I feel myself obliged by your mention of my services. They were due, and were willingly rendered; for I flatter myself that the inhabitants of Louisiana would be rendered happy by the change. If they have become discontented, and feel uneasy in their present situation, after being enthusiasts in favour of our government, you will probably ere this have learned the cause, through other channels.
The papers you mention to have received from Mr. Morton were perhaps imprudently intruded on you; but I wished you, from them to have a proof of what was formerly transacting. As things have so fortunately terminated, and they can be of no further use, I take the liberty of requesting you to burn the whole, in order that you may be put to no further inconvenience by them. I have the honour to remain, very respectfully, Sir,
Your most obedient servant.

James Madison Esq.


— §§§ § §§§—

NOTE No. 92.


SIR,
IF I had as much confidence in the attachments of your friends towards you, as they claim to, I should not address you this
23

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letter. But I have not; and the subject is too important to be pretermitted.
The dangers I fear may be trivial or distant, but as on the other hand they may be near and momentous, and in such case your being early apprised of them highly important, it is a duty I owe you, as the chief of my government, to give you timely hints, whereby you may forestall the dangers, and bring the traitors to punishment in due season.
Spanish intrigues have been carried on among our people. We have traitors among us.
A separation of the Union in favour of Spain is the object finally; I know not what the means are.
I am told, that Mr. Ellicott, in his journal, communicated to the office of state the names of the Americans concerned.
It this is true you are long since guarded; but I suspect either that it is not, or has escaped you; or you have considered the affair dead; BECAUSE YOU HAVE APPOINTED GENERAL WILKINSON A GOVERNOR OF ST. LOUIS, WHO I A CONVINCED, HAS BEEN FO RYEARS, AND NOW IS, A PENSIONER OF SPAIN. SHOULD YOU ASK ME TO PROVE IT, I MUST RESORT TO AN EXPENSIVE CHAIN OF CIRCUMSTANCES WHICH SEPARATELY SEEM SMALL AND INCONCLUSIVE; and to informations I have received from various persons and sources, which, perhaps, I have not a right to refer to; nor is it necessary. An hint is all you want; and due enquiry will ascertain and develop the whole matter and partners.
A very exalted magistrate of this country has lately drawn on Spain for his pension; of this I have the most unquestionable testimony. Before this was told to me, I was held under an injunction of secrecy; but I abhor such confidence, and told my informant (who is a man of integrity) that I would let you know of it, though I would not, unless it would become necessary, make known the name of the magistrate. If you find it necessary, and command me, it shall be instantly communicated, and my name given up. But you will scarce think it right to spring the mine, before you have laid your train.
This plot is laid wider than you imagine. Mention the subject to no man from the Western Country, however high in office he may be. Some of them are deeply tinted with this treason. I hate duplicity of expression; but on this subject I am not authorized to be explicit; nor is it necessary. You will dispatch some fit person into the Orleans country, to enquire, having with him letters from the suspected gentlemen, and he can fully and easily develop the whole business. It is enough that I put you on your guard.
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If you desire it, I will enclose you a schedule of the names of the suspected persons.
Do not think this a slight advertisement. If you do, and launch into a Spanish war, you may most heartily wish you had treated it more seriously. May be, the out come of this matter may explain the pertinacity and forwardness of the Spaniards in going to war with us.
In case of such a war, let neither the first nor the second in command be appointed out of the western country.
No one existing knows of this letter or its contents, and I design it to be strictly secret with you. If, however, you, in your discretion, should wish it to be seen by Mr. Madison and Mr. Gallatin, I give you leave to show it, under unexceptional injunctions of silence; and I confide that you will not use it otherwise than I direct, though you do not assent to my restrictions. Depend on it you have traitors around you, to give the alarm in time to their friends. If I am alarmed at trivial dangers, I must make it up some time hence, by being unmoved when the danger is real.
It would be gratifying to me to know that this letter was received, and how far the discretionary power of communication has been or would be exercised. I am, Sir, very respectfully,
Your most obedient servant,
JOSEPH HAMILTON DAVEISS.

Cornland (near the Yellow Banks) 10th Jan. 1806.
His Excel. Th. Jefferson
President of the United States.


— §§§ § §§§—

NOTE NO. 20NOTE No. 93.


Washington, February, 15, 1806.

Sir,
YOUR letter of January 10 came safely to hand a week ago. According to your permission it has been communicated to Mr. Madison and Mr. Gallatin. I have also communicated it to General Dearborne, because one of the persons named by you is particularly under his observationl so far it was necessary, and not further, I will be responsible for its secrecy. The information is so important, that it is my duty to request a full communication of everything known or heard by you relating to it, and particularly of the names of all persons, whether engaged in the combination, or witnesses to any part of it, at the same
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time I pledge myself to you that it shall be known no further than it now is, until it shall become necessary to place them in the hands of the law; and that even then no unnecessary communications shall be made of the channel through which we receive our information.
You will be sensible that the names are peculiarly important to prevent a misplacing of our confidence, either in the investigation of this subject particularly, or in the general trust of public affairs. In hopes of hearing from you without delay, I pray you to accept my salutations and assurances of great respect.
TH: JEFFERSON.

Mr. Daveiss


— §§§ § §§§—

NOTE No. 94.


Sir,
THE post has arrived, but brings no letter from you. Can it be possible that my two letters, of the 10th of January, and 10th of February, have miscarried? If either has failed, every further attempt of mine will be abortive. I pray you inform me only of this point, by a letter to me at the Yellow Bank’s post office, without delay; for I am now determined to raise money upon my own credit, and pursue my enquiries into this matter ­ confident, that if my government will give me no aid, it will throw no obstacle inmy way, if you deem my information too trivial to be noticed by the chief of a gret nation, you will surely nevertheless , be just enough to me, to keep it inviolably secret, till I return form my present pursuit. Every day gives me new causes to confide in the justness of my impressions and opinions on this matter; and to make it more probable, that to this source is to be traced the eagerness of the Spaniards for war.
This day I have seen the very man, through whom Wilkinson, for a long time, has carried on his correspondence with the Spanish government, clandestinely. And he knows of Philip Nolan, the great horse trader, bringing several kegs of dollars to fort Washington, for that gentleman.
But this gentleman, my informant, will not suffer his name to be mentioned; so the information cannot assume the shape of legal evidence, although it may serve to satisfy your mind.
The man I knew for many years. His integrity is wholly unquestionable.
JOSEPH HAMILTON DAVEISS.

Now at Frankfort, 5th March, 1806.
His Excellency TH: JEFFERSON.

 
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