AN ESTIMATE of commercial advantages, by way of the Mississippi and Mobile; [...]nto various parts of Western North America. From a Pamphlet published by the auther at Knoxville, in the year 1797; No XV, Page 98, corrected from late observation, and experience.
The Mobile Bay, is situate between the latitude of 30 degrees 20 minutes and 31 d. 10 m North; and between the longitude of 87 degrees 35 minutes, and 87 degrees 55 minutes West from the meridian of London; it makes an excellent and safe harbour; the inlet is formed by Dauphin Island on the west—and a peninsula, or point of land extending from the main on the east;— through which may be carried three fathom water into the Bay.
Into this Bay falls Tombigby River, descending from N. N. W. and Allabamma River descending from N E. and although intersected with Islands, sea vessels can pass up the former to latitude 31 deg. 30 minutes, being the North point of the flowing tide. Into Tombigby falls Sipseys River, descending from N N. E. which as well as Tombigby, is navigable for boats of fifty tons burthen, as high as the latitude of 33 deg. 45 min. from the two last points to the main river Tennessee, is about fifty five miles, and to the nearest navigable branches of Tennessee (extending from the lower and upper end of the Muscle Shoals) about thirtyfive miles: the country between the two points is level and well calculated for carriage.
From the head of Mobile Bay to the head navigation of Tombigby and Sipseys river is about three hundred miles by water. A boat of twenty-five tons burthen, can pass and repass in thirty days [Page 4]with the assistance of ten hands, at one dollar per day each, is 300 dollars.
The distance from the head navigation of Mobile waters to the nearest navigable branches of Tennessee river, being but thirty-five miles: a to [...] weight carried to and from the two points, will cost about 20 dollars; 25 tons weight, will amount to 500 dollars.
X
Total expence on the carriage of 25 tons, from the most Southern navigable branches of Tennessee to Mobile bay 800 dollars.
From Knoxville on Holstein river to the head navigation of the South streams of Tennessee, nearest Mobile Bay by water, is about 350 miles: time of passage to and from the two points, with a boat of 25 tons burthen, will be about 33 days, with the assistance of ten hands, at one dollar per day each, is 330 dollars.
Total expence on 25 tons weight from Mobile bay to Knoxville and back again 1,330 dolllars.
W
From Philadelphia to Knoxville is computed to be 750 miles; carriage of 25 tons weight, to and from the two points, will cost the sum of 10,714 dollars.
[Page 5] In favor of the Mobile commerce on every 25 tons weight to Knoxville 9,384 doll.
From Nashville on Cumberland river, to the head navigation of the South streams of Tennessee, nearest Mobile Bay, is about 460 miles, by water; time of passage to and from sa [...]d ports with a boat of 25 tons burthen, will be about 45 days; with the assistance of ten hands, at one dollar per day each, is 450 dollars.
From Mobile Bay to the nearest navigable waters of Tennessee river as per letter X 800 dollars.
Total expence on 25 tons weight from Mobile Bay to Nashville, 1,250 dolls.
Y
From the nearest atlantic ports to Pittsburgh, is about 300 miles; the carriage of 25 tons weight to and from the two points, will cost 5,000 dolls.
From Pittsburgh to Nashville on Cumber and by water; estimated to be about 1,300 miles; a boat of 25 tous burthen, will pass to and from the said ports in about 130 days; with the assistance of ten hands at one dollar per day each, is 1,300 dolls.
R
Total expence on 25 tons weight, from the nearest atlantic port to [...] 6,300 dolls.
[Page 6] In favor of the Mobile commerce on every 25 tons burthen to Nashville, 5,050 dolls.
From the Rapids of Ohio river, to the head navigation of the South streams of Tennessee, nearest Mobile Bay, is about 670 miles by water; time of passage to and from said ports, with a boat of 25 tons burthen. will be about 66 days; with the assistance of ten hands, at one dollar per day each, is 660 dollars.
To the navigable branches of Tennessee, as per letter X 800 dollars.
Total expence on 25 tons weight, from Mobile Bay, to the falls of Ohio, and back again, is 1,460 dolls.
S
From the falls of Ohio, to Pittsburgh, is about 700 miles— time of passing to and from the said ports, with a boat of 25 tons burthen, will be about 70 days—with the assistance of ten hands, at one dollar per day each, is 700 dollars.
To Pittsburgh as per letter Y 5,000 dolls.
Total expence on 25 tons weight from the nearest atlantic ports, to the falls of Ohio and back, 5.700 dolls.
In favor of the Mobile commerce 4,340 dolls.
V
From the mouth of Mississippi, to the mouth of Ohio by water; is computed to be about 1,000 miles— [Page 7]time of passage to and from said ports, with a boat of 25 tons burthen, will be about 100 days—with the assistance of 20 hands, at one dollar per day each, is 2,000 dolls.
From the junction of the Obio and Mississippi, to the head navigation of the South streams of Tennessee river, nearest Mobile Bay, is about 300 miles, time of passage to and from said points, will be about 30 days; with the assistance of 10 hands, at one dollar per day, is 300 dollars.
From Mobile Bay, to the nearest navigable waters of Tennessee, as per letter X 800 dollars.
Total expence on 25 tons weight, from Mobile Bay to the mouth of Ohio and back again. 1,100 dolls.
In favor of the Mobile commerce; owing to the turbulency, of the Mississippi current. 900 dollars.
From the mouth of Ohio river to Knoxville, in the State of Tennessee, is about 650 miles—time of passing to and from the said ports, with a boat of 25 tons burthen, will be about sixty five days; with the assistance of ten hands at one dollar per day each, is 650 dollars.
From the mouth of Mississippi, as per letter V 2,000 dolsl.
Total expence from the mouth of Mississippi, to Knoxville, on 25 [Page 8]tons weig [...], [...] 2,650 [...]
Expences on 25 tons weight, from Philadelphia to Knoxville, as per letter W 10714 dols.
In favor of the Mississippi commerce, on 25 tons weight 8,064 dolls.
From the mouth of Ohio river, to Nashville on Cumberland, in the State of Tennessee, is about 250 miles—time of passing to and from the said ports, with a boat of 25 tons burthen, will be about 25 days; with the assistance of 10 hands at one dollar per day, is 250 dollars.
To the mouth of the Mississippi, as per letter V 2,000 dolls.
Total expence, on 25 tons weight, from the mouth of Mississippi to Nashville, is 2,250 dolls.
From Phila. to Nashville as per letter R 6,300 dolls
In favor of the Mississippi commerce on every 25 tons weight. 4,050 dolls.
From the mouth of Ohio river, to the rapids, is about 475 miles—time of passage to and from said ports, with a boat of 25 tons burthen, will be about 4 [...] days; with the assistance of ten hands, at one dollar per day each, is 470 dollars
To the mouth of Mississippi, as per letter V 2,000 dolls
Total expence from the mouth of Mississippi, to the rapids of Ohio and back again, will be 2,470 dolls
[Page 9] From Philadelphia, to the rapids of Ohio, as per letter S 5700 dolls.
In [...]avor of the Mississippi commerce 3,230 dolls.
T
From the mouth of Ohio to Fort Pitt; distance about 1,200 miles— time of passing to and from said ports, with a boat of 25 tons burt [...]en, will be about 120 days: with the assistance of 10 hands, at one d [...]lar per day each, is 1,200 dolls.
From the mouth of Ohio, to the n [...]h of Mississippi, and back ag [...]n, as per letter V 2,000 dolls.
Total expence from the mouth of Mississippi, to Fort Pitt, and back on 25 tons weight, is 3,200 dolls.
From Philadelphia, as per letter Y 5,000 dolls.
In favor of the Misissippi commerce on 25 tons burthen, from the mouth of Mississippi to Pittsburg and back [...]gain. 1,800 dolls.
In the foregoing calculation, I have estimated the passage of boats down the respective rivers, [...]t but twenty miles per day; the common distance is from 50 to 75 miles per day; consequent [...]y there will be a great surplus of time, in favor of the Mississippi, and Mobile commerce.
From the head navigation, of the South streams [...] T [...]nnessee; nearest Mobile Bay; to Pittiburgh [...] w [...]ter, is about 1360 miles; a boat of 25 tons bur [...]e [...], will pase in about 68 days, with the ashstance of [...]de, at one dollar per day each, is 6 [...]0 dolls. [...]p [...]ce from Mobile Bay, to the head of the [Page 10]nearest navigable branches of Tennessee, and back again as per letter X eight hundred dollars: one half, 400 dollars.
Total expence on the carriage of 25 tons, weight, from Mobile Bay, to Pittsburgh. 1,080 dolls.
Expence of carriage on 25 tons wt. from Philadelphia, to Pittsburgh, and back again, as per letter Y 5,000 dollars:—one half 2,500 dolls.
In favor of Mobile commerce, on the carriage of 25 tons weight, to Pittsburgh; against the Philadelphia commerce 1,420 dolls.
Expence on 25 tons weight, from the mouth of Mississippi, to Pittsburgh and back again, as per letter V and T 3,200 dollars: one half for the total expence to Pittsburgh 1,600 dolls.
In favor of the Mississippi commerce on the carriage of every 25 tons weight against the Philadelphia commerce, to Pittsburgh. 900 dollars.
In this calculation, I have estimated the carriage from Philadelphia to Pittsburgh, at 5 dollars per hundred weight—but the general price has been from seven to ten dollars per hundred wt. which would be against the pittsburgh commerce; greatly in favor of the Mississippi and Mobile— consequently all the Western country, South of Pittsburgh, must receive great advantages by the Mississippi—and particularly Mobile commerce.
The objection by mariners to commer [...]al intercourse with New Orleans, has been generally attributed, to the intricate navigation of their v [...] [Page 11]Mississippi—but from late observation, I can venture to assert, that those obstacles will be readily removed—by an accurate knowledge of the river, and particular seasons, calculated by nature for navigating of it.
From about the first of April, until the first of July—the river Mississippi, overflows its banks, which renders the navigation of sea vessels up to New Orleans very intricate—but in all other seasons of the year, the current below Orlean is gentle—and what will ever facilitate the ascent of the river, are the continual South and Southeasterly winds which prevails, during the Spring, summer, and autumn months; extending their influence, considerably above the junction of Ohio and Mississippi.
The annual imports, and expor [...]s; to Washington or Ham [...]lton District, State of Tennessee—from the best information I have been able to collect; are about 250 tons: to Mero District, State of Tennessee, about 200 tons: and to Kentucky, about 750 tons; consequently the annual revenue, to the Western country would be; From the Mobile commerce.
| To Mero District, State of Tennessee | 40,400 dolls. |
| To Washington District do. | 93,840 dolls. |
| To Kentucky, | 130,200 dolls. |
| Total revenue the Western country would derive from Mobile commerce. | 264, 440 dolls. |
| To Washington Destrict State of Tennessee, | 80,640 dolls. |
| To Mero Destrict do. | 32,100 dolls. |
| To Kentucky, | 96,900 dolls. |
| Total revenue the Western country would derive from the Mississippi commerce | 209,940 dolls. |
All Western America, in the United States, South of latitude 41 degrees North—would in proportion, receive similar advantages, with these above stated—independant of what, would naturally resuit, from the great object of exportation—which must be highly productive to any country, possessing the advantages, of such immense sources of wealth, as are here found.
It is certain for many years, the exports will pass down the river Mississippi—but the imports, if the avenue was admitted to be opened, would now pass by way of Mobile and Tennessee—and the various streams with which the latter communicates.
From correct information I am induced to believe that with but little expence, the communication, between the navigable waters of Mobile and Tennessee, may be shortened, at least 10, perhaps 15 miles: consequently it cannot be improbable that the day will be, when the commerce of far greater part of Western America—North of the junction of Ohio and Mississippi, will concentre to this grand mart, formed by nature.
To me it appears strange, that any government should deem it good policy, to withhold from a part of her citizens, the use of streams formed for their benefit; while the nations having claims on [...] borders, remain unopposed to its exercise.
I he opening this avenue of commerce, could not be injurious to the natives; but on the contrary [Page 13]they would be highly benefitted, and might soon be taught to feel, the ma [...]y advantages resulting to them from the measure; he doubly rewarded in the labour of their industry—increase in wealth—and grow into the lo [...]e of order.
Early as the year 1785, on my route through this Western country; I was struck with the practicability of a Commercial Communication, by way of the Mobile and Tennessee, as well as the Mississippi—these objects, together with a desire of settling in a country, calculated as well to insure agricultural adventages, as great commercial pursuits; has b [...]en the spur of my exertions to obtain the lands, adjacent the m [...] probable points, of commercial communication; to facilitate the m [...]cre on legal and public principles; the following plan has been suggested, and entered into by sundry citizens: which was enclosed to his Excellency John Sevier Esq the 31st of August, 1797, in answer to his interrogatory letter to me, the 20th of said month:—from a Pamphlet published at Knoxville. A. D. 1797, by the auther. Page 8, marked letter H.
H Articles for the Establishment of the Mississippi, and Mobile Commercial Company.
Article I.
THIS association shall be stiled, and known, by the name of the Mississippi, and Mobile, commercial company; and the proprietor, or proprietors thereof, to be those, who shall first advance the company's stock of merchandize, or capital; g [...]ving [Page 14]to all respetable citizens approved off by the company, an equal privilege as a proprietor, to advance and hold in the said stock, an interest to the full amount of money, goods, wares, merchandize, or produce, by him or them respectively advanced; provided that always every
Dollars, and not a less sum, shall entitle the proprietor, or proprietors thereof, to one vote or action in the said company.
Art. 2. The proprietors of the Mississippi and Mobile commercial company, or a majority of them shall have the sole power of managing all the affairs and business of the said company: untill the stock, or capital shall amount to one hundred thousand Dollars; when the proprietors shall elect from amongst themselves five representatives, or members who shall, or a majority of them, compose a house with full power to constitute the form of the Mississippi and Mobile commercial company; to correspond and form connections with houses, individual merchants, and citizens, foreign and at home; to establish ware houses, and subordinate stores, wherever may appear most advantageous; to contract for the receival and disposal of all monies, goods, wares, merchandize, and produce, that may become the property of said company; to appoint all Factors. Agents, Secretaries, and Clerks, that may be necessary to manage the company's business abroad, and at home to draw from the company's capital, funds sufficient to manage, and carry on their business; to make such rules, as may be necessary for the regulation of their own members; to call a meeting of the proprietors, whenever necessary; to manage all the affairs and business of the said company, and to adjourn from time to time.
[Page 15] Art. 3. For every 20.000 dollars, or the value thereof in goods, wares, merchandize, or produce; delivered to the house of the Mississippi and Mobile commercial company; and added to their capital, the proprietor, or proprietors thereof: shall be entitled to one representative, or member in the said house, who shall be reciprocal, and have equal power in every respect, with any one of the members first chosen.
Art. 4. The house and capital, of the Mississippi and Mobile commercial company, shall be established on the southeast side of Ohio, hetween the Rivers Cumberland and Tennessee; where the members of the said company, shall annually on the first monday in January and o [...]ener if required convene, and there transact all the business of the company, untill such establishment be altered by or er of the house. Art. 5. Any person, or persons who shall agreeable to these articles, throw into the company's stock. momes, goods, wares, merchandize, or produce; shall receive from the house a bill to the following effect.
The bearer hereof A B having delivered to us the sum of [...] dollars, This our bill certifies, that the same at the request of the said A. B. is added to the Mississippi and Mobile commercial company's stock' and shall entitle him the said A. B. or his heirs, to all the profits, privileges, and advantages, stipulated in the articles of the said company.
Art. 6 Cold, and silver coin, shall be the staple situation of all goods, wares, merchandize, and induce, advanced to be added to the company's [Page 16]stock; receivable at the current market prices.
Art. 7. All questions, and business of the company that may come before the house, shall be determined by a majority of the members then present; which decision shall be binding; and also all elections, and business that may properly come before the proprietors, shall be determined by a majority of votes or actions.
Art. 8. All Factors, Agents, Secretaries, Clerks, or other officers, employed by the Mississippi and Mobile commercial company, to carry on their business, shall previous to their entering into the employment of the company, be qualified, and give to the house in behalf of the company, satisfactory bond and security for the faithful performance of their duty; and shall be allowed to continue in office during good behaviour; as also shall the members of the said company.
Art. 9. Any one of the Members, Factors, Agents, Secretaries, or Clerks, or other officers of the company employed in their business neglecting their duty, or acting improperly, shall be [...]ble to impeachment; and if on a fair trial they are found guilty of the crime, or neglect, they so stand chared with, shall [...]e expelled from office;—and not allowed to hold an interest, directly or indirectly in said company; and shall be subject to such further punishment as the civil law will inflict.
Art. 10. All impeahments shall be tried by the house of the Mississippi, and Mobile commercial company; whose decision on any subject that properly comes under their notice, shall be final.
Art. 11. I he proceedings of the house, and all mercantile books, shall whenever required, be open, and subject to the perusal of share holders, in the said company; except in such particular cases, [Page 17]where the private proceedings, and negociations of the house, shall for the time present require secresy.
Art. 12. To prevent impositions, no transfer of hills, or shares in this commercial company, shall be considered legal; unless [...]t meets with the approbation of the house; in which case the house shall take in the old bill, or certificate for such share, or shares, and cause a new one to be issued, to the person in whose favor such transfer is made.
Art. 13. At the expiration of twelve months from the time the house of this company is established, they shall publish an accurate statement of the stock on hand, the neat profits on shares—and also a like publication, at the expiration of every twelve months thereafter, at which periods, the shareholders shall draw from the company's stock, their respective proportions of profits.
Art. 14. Vacancies that may happen by death, or resignation, of any of the members, shall be filled by an election of the house, of some one of the proprietors of the said company—untill it shall be convenient for the proprietors to elect a new member to fill such vacancy.
Art. 15. Neither the persons nor the private property of any of the proprietors members or shareholders in this commercial company, shall in any manner whatever be subject to, or liable for any losses or misfortunes of stock or trade—any further than allowing out of their respective proportions of neat profits, a sufficiency to make good such loss or misfortune, to be appropriated by the house.
Art. 16. At the expiration of [...] years, from the establishment of the Mississippi and Mobile commercial company, the house shall have [Page 18]power to dissolve the said company; provided it meets the approbation of a majority of votes or actions.
Art. 17. Whenever the company dissolves, the stock on hand to be equally divided amongst the s [...] holders, according to the number of shares by them respectivly held.
Art. 18. There shall be a seal provided for the benefit in the company, with a device suitable to the occasion.
Art. 19. If upon experience it shall be necessary, to alter, amend, add to, or de [...]inish those articles, it shall be done in the following manner, and no other, the person, or persons, wishing for an alteration, shall propose the same to the house, by laying the proposed amendment, or alteration before them in writing; and if such alteration, or amendment, or any part thereof, meets the approbation of the House, the [...] shall cause the s [...]me to be published; and if a majority of votes, or actions, determ [...]ens in favour of such alteration, or amendment; it shall become a part of these articles.
Art. 20. And l [...]sll [...], nothing in this commercial system, shall ever extend, or be construed to extend so far, as in any respect whatever to abridge, or involve in any wise, the freedom or liberty of shareholders in it, or any other person or persons, dated the 1st of January 1797.
Copy right secured according to law.
Subscribers Names.
No. Shares.
In pursuit of the foregoing commercial object, I set out from the state of Georgia; and in april 1797, arrived at Knoxville state of Tenessee; where I [Page 19] [...]de publi [...] my intentions, and offered generous [...] to those, who thought proper to [...] the e [...]rp [...]ise of a se [...]t [...]ement at the [...]th of [...] on Ch [...] river. *
Be app [...]obation o [...] the executive of the state of [...], I made all the ne [...]essa [...]y prep [...]rations [...] in end [...] ne [...]t [...].
[...] that j [...] [...]usies ex [...]ed with the fe [...] [...] my in [...]e [...]ded route; I [...] of every [...] power to remove [...]; as [...]ell by publi [...] d [...]lara [...]on of my [...]nten [...], a [...] by [...]ff [...]ring to the executive of [...]enness [...]e [...], or any [...] who might require it [...] secu [...]ity tha [...] no part of my conduct, or [...] along with the, should be [...]proper or derog [...]r, to any gover [...]ment. †
Notwith [...]tanding every effort in my power to [...]ove pr [...]j [...]lices, the federal military on Holstein mer; thought proper to declare their disappro [...], to the me [...]sure of myself and friends, de [...]nding the river Tenness [...]e—under pretext that me [...]er H [...]lstein above the junction of it and Tennes [...]ee, [Page 20]was Indian water:—see in a pamphlet published at K [...]oxville in antumn 1797, by the auther, page 15, marked letter K.
Being st [...]ll anxious, to accomplish an object that had now cost me enormous expe [...]ces, i [...] making the necessary preparations to pursue: I thought proper to pass by way of Kentucky, to the destined place of settlement—with hopes that in a short time, all prejudices would cease to exist; by which meats my [...]e [...] and friends, could in peace pursue the commercial objects contemplated
On my way through the state of Kentucky in January 1798, when at Fra [...]kfort; I commumcated to his Excellency James Garrard Esqr. Govern [...]r of sa [...]d state; my intention to settle and fix a commercial establishment at or near the mouth of Cumberland river above the Indian boundary soliciting his friendly advice on the subject: and at the same time offering every assurance that no part of my conduct, or of those who might unite with me in the settlement, should be derogatory to the laws of that state or the United states, I received the following verbal answer from his Excellency.
‘That unfavourable reports had circulated with respect to my intended settlement, he was glad to be informed of the truth, and would render every assistance in his power to the rising settlement consistant with the duties of his office.’
On the 10th of February ensuing I embarked from the falls of Ohio, and on the 18th instant arrived at the destined place of settlement.
I pitched on the spot best calculated for the commercial establishment contemplated at the distance of about two miles below the mouth of Cumberland [Page 21]river, I immediately dispatched a messenger to Captain Pike, commander a [...] Fort Mass [...]c, i [...]forming him the object I had in view, s [...]l [...]c [...]ting his approbation to the measure, and friendly and in the new establishment.
On the arrival of the messenger and men who accompanied him, at Massac, they fell in company with captain Thomas Lewis, who (by military power) co [...]red the messenger part of two days:—he being at length set at liberty, without knowing the charges against him (as he told me) returned on the [...] [...]st. with the following verbal information:
Capt. Pike conceived the spot I had pitched upon not to be Indian lands; I was auther [...]sed and could settle there with propriety, and he should always be harpy to render me any services in his power consistant with his office.
I immediately Lotted off the ground, the fami. lies and men began their improvements
On the 22d inst. I set out for Cumberland settlements (at the distance of about 90 mile [...]) from whence I retured to the mouth of Cumberland, on the 10th of March ensuing; with a small cargo of s [...]pp [...]es to aid the rising settlement, which we named Smithland.
On my return from Cumberland, our number consisted of about ten families, and thirty-three men. Capt. Wm. L. Cox, who arrived in my absence, from Frankfort, in company with several emigrants, had (with the assistance of the settlers) erected a block house for defence, on account of the hostile appearance of the Indians; who six days previous came in a formidable party, and absolutely ordered the settlers all to quit their possessions in ten days, or they would (as they express [...]d [Page 22]themselves) take hair. Capt. Wm. L. Cox immediately wrote Capt Pike on the subject, soliciting his friendly advice and aid.
About the middle of March, Capt Pike with a military escort, made us a visit; fifteen or twenty Indians attended on the occasion, after viewing the ground and situation of the country—finding us not on the Indian lands, the Captain used his in fluence to satisfy their mu [...]ds with respect to our settlement.
The indians still continued to hover around us with marks of hostility, collecting in number to the amount of about three hundred, well at med; fore of them encamped West of the river On [...]o, and others South of the river Tennessee, their spies and reconnoitring parties, twice every day, passed through our sett [...]ement on their route from one camp to the other. Some of our emigrants lest the settlement; others expressed alarm, and disposition to depart, whom I encouraged and prevailed upon to continue; by informing them my hopes of the arrival of Captain J [...]hn Smith from Holst [...]in with a large boat [...]aded with provisions, mechamcal and farming utensi [...]s, and supplies for defence.
Soon after I received information from Captain John Smith, that the government [...]ad denied him the privilege of descending the river Tennessee, with the boat and supp [...]ies— [...]or what cause he could not [...]ll, but nothing soon could be expected from that quarter; as he was obliged to wa [...]t the pleasure of government.
Thus our infant settlement was left without provisions or supplies for defence; our [...]um [...]er consisted of about forty-five women and chil [...]ren, and about fifty men; the Indians still shewing a [Page 23]hostile disposition—had collected in number to the amount of four hundred; their spies and reconnoitring parties frequently made applications to us for ammunition; offering extravagant prices—being scarce of ammunition ourselves we took care not to divide what little we had with the natives, particularly as we were in hopes their scarcity in that article might prevent their general attack upon us which we had reason to apprehend. *
I determined at every risk to support the rising settlement, and for that purpose dispatched messengers to my friends in the settled country of Kentuckey, Cumberland, and Hostein, to forward me supplies I also called on those who were interested in our settlement. to aid us as much as in their power; and to the active young men, I gave permits to collect and bring forward emigrants on the following conditions: viz.
You are hereby permited to raise a company of [...] emigrants to settle in the town of Smithland, who shall each be entitled to a lot in this town gratuitously, provided they shall improve, or cause the same to be improved, and on their becoming citizens, or residents of said town for the space of one year, the said emigrants shall each be entitled to one thousand and one acres of la [...]d in the Tennessee purchase; in the tract of country set apart for the emigrants; provided they sha [...]l settle upon or cause the same to be settled upon & improved, the ensuing season after a settlement [Page 24]takes place, consistant with the approbation of government.
In consequence of the foregoing encouragement, the emigration to Smithland became very considerable in a few weeks; the industry of the citizens greatly increased the value of their lots in town, who now began precipitately to enjoy the reward of their labour, every prospect was flattering and wore the most alluring features; amongst the citizens the greatest harmony and friendship existed.
Having thus laid and secured the foundation of a rising lettlement, by expensive improvements as well as much personal fatigue and trouble: I made a declaration of my intended route down the river Mississippi, for the purpose of making a commercial connection in Orleans, as well as a desire to explore the country west of the [...]iver Mississippi—provided the approbation of the Spanish government could be first obtained for that purpose.
The good citizens of Smithland being acquainted with my object, and informed, on my route I intended to explore the country west of the river Mississippi, (provided the approbation of the Spanish government could be first obtained) expressed a desire to accompany me: and began their preperation fo [...] the j [...]urney, about the first of June I was informed by a friend from Massac, that the sederal officers of that post, had in contemplation to stop me by military force, on my descent of the river Ohi [...]: this information appears to be substantiated by the following letter, viz.
The bearer is a man who has been in my employ these four months, during which time he has behaved himself with propriety, he is anxious to get a lot in your settlement, and begs the favor of me to give him these few li [...]es of introduction, I expect that the General's journey to this country is postponed. If you should descend the Ohio please to make it convenient to call just to subscribe to the usual forms of the place, as you are expected down and they will not permit your Passing unless it is done clandestinely *
The foregoing letter and information impressed he with some degree of [...]stonishment; believing as I did at that time, the impracticability of an arbitrary molestation of the free and independent navigation of the river Ohio, which is guarranteed to every citizen by the constitution and laws of the United States, as well as by treaties with all nations, touching upon, or interested therein.
In company with eighty men, I embarked from south of Smithland, on the 17th of July 1798, in pursuit of the journey contemplated, as before stated — Maj. Thomas Gist, at the request of the company, was kind enough to go in advance of us on our descent of the river Ohio with information to the [Page 26]commander at Massac, of our intended route and object.
On our arrival near Massac the following letter was handed me by a man from galley Adams.
You will put to shore with your boats before you get below THE where THE Galley lays at anchor or I shall be under the necessity of firing at you.
In conformity with the foregoing order from W. P. Smith, myself and company made a halt; where we continued untill the return of Major Thos. Gist from garrison Massac, by whom we received the following verbal order from Major Kingsberry.
‘That myself and company must immediately ascend the river Ohio beyond the distance of a six pounder or he, Kingsberry, should from an order fire on us.’
Myself and company immediately ascended the river Ohio about three miles; and encamped on the east shore Christian county state of Kentucky. from whence, I wrote the following letter viz.
SIR, for the purpose of exploring the Country to the Southward of this, my friends with me are desirous to descend the river [Page 27]Ohio by your garrison not being acquainted with the rules of the place has induced me to write you for information how to act and whether we are to descend the river or not.
The information I received some weeks past which will be shewn you per. Majr. Gist the bearer of this appears to me not more extraordinary than that of your order to me of this day, to ascend the river beyond the distance of a six pounder; however I have thought proper to obey your orders, as it is now and ever was my real desire, to conform to the rules and regulations of any constituted authority derived from our government.
The emigration to Smithland has far surpassed the calculation of many; provision being scarce necessity has measurably inforced us to draw some assi [...]tance from the wood. The laws of the United States have prescribed the boundary between us and the Indians over which we cannot pass without offence, though the Indians have been pe [...]mitted to take the game from us.
We with to be permitted to pass to some place, where we can legally by industry justly support many respectable families, who may otherwise be reduced to want.
I received your letter of this date by Mr. Gist, and must inform you that no armed party is permitted to pass this place, and should you presume to attempt forcing by the galley, or garrison, you must expect to pass under a heavy fire, from every [Page 28]peice of ordinance which can be brought to bear on you from the fort and galley.
On rece [...]ving the foregoing letter from Maj. Kings [...]erry, myself and company thought proper to return to Sout [...] Smithland, and to consult the civil authority, and commander of the county in which we lived.
At the request of the company, Maj. Thomas Gist and myself, wrote the following letters to Col. Moses Sheiby, Commander for the county of Christian.
After my compliments to your honour, I take the liberty to inform you, that on the 16th day of this inst. at the request of Col Cox, and four captains, in your Regiment from Smithland, I droped down in a perogue to fort Massac, and made a candid statement of their intended route down the river, offering any security for a proper conduct. [Page 29]Major Kingsberry told me that Col. Cox could pass on his negoc [...]ations with a few men, but unarmed, the next morning we droped down near the garrison, I were forward:—told the Maj. that Col. Cox had arrived near his garrison, wished him to come to his boats, or nominate some officer to do so, view his situation and boats, pass as many as he pleased, and in what manner he pleased, and the balance would return.
His answer was, that we must return immediately out of the reach of the shot of a six pounder, or from an order he should fire on us, which Col. Cox and the officers on my return thought proper to comply with; the other documents will be enclosed in the colonel's letter.
On my route down the river Ohio, in pursuit of the journey contemplated and fully communitated to you when at Smithland—there appears some difficulty with the officers of the garrison Massac, in permitting our descending the river as you will see per the inclosed documents. I have tho't it my duty to communicate you the circumstances, soliciting your friendly advice as commander of the county, on a subject truly interesting to all the citizens of this Western world.
If the free and independent navigation of those Western w [...]ters are to be thus invaded, there is no longer use for civil authority; but all must bend to a military prerogative.
[Page 30] I have ever supported the civil authority of my country and still hope to have it in my power to do so; you are the only officer present on whom I can call or look up to fo [...] justice; therefore hope you will do myself and friends the honor of your presence, that a proper and legal investigation of the subject may take place.
Several others; offi [...]ers of Col. Shelby's Pegt, also wrote him soliciting his advice on the occ [...]sion.
On the 19 th of July 1798.
Myself and company ascended the river Ohio to South Smichland.
On the 20th of July
Col. moses shelby, in company with J. Ramsey Esqr (one of the civil officers of Christian County) arrived at South Smithland, I fully communicated to them the circumstance of myself and friends being stopped from descending the river Ohio.
Colo. Moses Shelby J. Ramsey Esq accompanied by M [...]jor Thos, Gist, and several other citizens of Smithland, thought advisable to wait on the commander at Massac; in order if possible to know the cause why citizens were prohibited from descending the river.
On Col. Shelby's arrival at Massac (as himself and J. Ramsey, on their return informed me) he asked Major Kingsberry the cause that influenced him to prevent the citizens of Kentucky from descending the river Ohio, and whether he [Kingsberry] had any charges or partial orders against myself and company?—answer—That he [Kingsberry] [Page 31]had orders, not to admit armed men to descend the river Ohio.
Col. Shelby [...]sked Major Kingsberry for a sight of the foregoing order; which was denied him; on his return from Massac he (Col. Shelby) wrote the following letter. v [...].
Since my departure from your Garrison, on mature consideration as a citizen of Kentucky; considering the si [...]uation of my fellow citizens, who have been orderly and good men; and organized in [...]ny regiment by their own request, it causes my feelings to bleed. But as an officer enquiring into these grievancies, being denied a sight or a copy of your orders, in a case so interesting to my fellow citizens and myself (as the uninterrupted navigation of the river Ohio provided for and secured to us by treaties with all nations touching thereon) causes me to think myself injured.
I now beg you if cosistant with your power and order; to admit the barge of Col. COX, and one flat boat with five perogues, to pass with five men aboard of each, or I suppose five less might do by getting hirelings to work up, I have thought from the date of your order, corresponding with the date of the letter that major Gist gave you a copy of a few days ago; they must in my opinion originate with, and come from col. Hamtrammock; if not I [...]ope you will on the reception of this give me a true [...]opy in order to enable me to inform my fellow ci [...]izens, that for the future they may not depend up [...] treaties or civil authority; but resign all to a [...]ary prerogative, and to attempt any thing to [Page 32]the contrary is not only risqueing their rights and property, but lives. After acknowledging the great satisfaction I had in your company and other officers I beg leave to subscribe myself with due esteem.
In answer to the foregoing; Col. Shelby received the following letter directed to me.
If you are desirous of descending the Ohio with six or seven boats and thirty or thirty five men to work them and no more I have not the least objections provided you have no ord [...]nance or mili [...]ary stores on board, and not more than one third of your men armed. On your approach you will halt with your party one mile from the garrison, where your boats and crews will be examined by the officer of the day, who will report, and should you conform strictly to this order, you will be permitted to pass unmolested.
Colonel Moses Shelby, J. Ramsey Esq and company, returned to south Smithland, on the 21st. at night.
By approbation of col. M. Shelby and J. Ramsey Esqr myself and company concluded to pursue our [Page 33]journey, for the preservation of peace, and harmony; [...] as col Shelby and J Ramsey Esqr. advised I thought proper to observe the rules laid down by Major Kingsberry; the remainder of the company passed by land, under the care of capt. Samuel Hancock, who received the following authority from col. M. Shelby. viz.
To Capt. Samuel Hancock,
You are hereby permited to pass through any part in the bounds of Christian County with any number of men you please paying due respect to our government, and not to infringe on the liberties of any Indian tribe. Given under my hand this 22d day of July 1798.
Col. Shelby also issued the following authority.
Your are hereby authorised to pass down the river. Ohio with your crafts and Co. paying due respect to our government. Given under my hand this 22d July 1798.
On the 22d instant myself and company proceeded on our journey down the Ohio, we arrived near Massac, halted on the South side of the river, from whence I wrote Major Kingsberry the following letter.
It is our desire to subscribe to the rules of the Garrison, as per your request, you will please to send an officer on board to take a manifest of our [Page 34]cargo, that we may pass in peace agreable to pe [...] mission derived from the constituted authority of ou [...] country.
About 1 o'clock P. M. Mr. Theos. Elmer and Z. M. Pike, accompanied by a military escort made us a visit from Ft. Massac, from whom I received a paper, of which the following is a copy. *
Col. Zachariah Cox has permission to pass the Garrison Massac with his company consisting of himself and thirty two others now on their descen [...] of the Ohio, in one barge six perogues & two canoes.
Myself and company proceeded on our journey some distance below Massac (in the county of Christian State of Kentucky) we were joined by capt. Samuel Hancock & company.
On the 23d of July captain Hancock in company with several others who passed by land with him, ascended the river Ohio to Massac; for the purpose of bringing on some provisions we had previously † [Page 35]purchased; from whence he (Hancock &) retu [...] ned on the 24th instant to our company about five miles below Massac.
The 24th. of July 17 [...]8 we proceeded on our journey & arrived at New Madrid on the 26th inst, we sent a messenger in advance, with information to the commander, of our desire to descend the river by his Garrison; we received the following verbal answer viz
That the navigation of the river Mississippi was free for all americans to pass when they pleased [...]amolested.
On our arrival at New Madrid I immediately wa [...]ted on the commander and informed him the objects we had in view.
The commander informed me that he could not authorise myself and company to explore or settle in his catholic Majesty's Dominions, as that power was only vested in his supe [...]ors, the Governor General of the province of Lu [...]iana would probably authorise the object we had in view, to whom he recommended me, he further observed that we could with propriety descend the river the navigation being free, but gave it as his advice for myself in company with a few men first to descend the river, see the Governor General and know his sentiments.
I returned to the company who descended the river with me, and informed them as near as I could, the conversation that passed between the commander and myself, on deliberation it appeared to be the general opinion of the company to adopt the advice of the commander; and accordingly all [...]turned except myself and thirteen others, with [...]hom I descended the river Mississippi.
On the 11th day of August 1798, myself and [Page 36]company arrived at Natchez; I immediately waited on the federal commanding officer—capt. Guion to whom I fully communicated the objects in view, & my desire to pass to Orlean for that purpose.
I was immediately on my arrival at Natchez, informed by several citizens, that the federal officers had in contemplation, by military power, to confine myself and company.
we continued at Natchez several days, in peace and harmony with our friends.
On the 18th instant, about the hour of twelve o'clock at night, my lodging was surrounded with probably some few less than a battalion of federal troops, with fixed bayonets. A Mr. Scott, and a Mr Grag came into the house, and without ceremony forced the room, where I was in bed with Capt. Wm. L. Cox: I asked their business, they, told me they were the unwelcome messengers of bad news; their business was to take me into custody.
I asked their authority, they told me it was from Governor Sergeant. I put on my clothes, they forced me at the point of the bayonet to fort Panmuir of Natchez; (as they call it) I demanded their authority—Mr. Grag shewed me orders to the following effect—viz.
‘You are ordered to take under your command a sufficient number of men, and to take into custody the body of Zachariah Cox, if he is to be found in this destrict, and in case of any opposition, you are to repel force by force, treating him in every respect as a common enemy’
The foregoing, is as near as I can recollect the purport of the order, the original or a copy being den [...]ed me I cannot repeat it verbatim; but the words to repel force by force, and stifing me a common [Page 37]enemy; as well as the signature of Guion, I perfectly recollect; neither the signature of the Governor, or any other civil officer was to the orders Mr. Grag shewed me. †
I was kept in fort Panmeur 29 days and nig [...]ts, great part of the time in close confinement.
My friends made use of every legal e [...]ort in their power to see me, or to know the cause of my confinement, which was absolutely denied.
In the time of my confinement I wrote the following letters:—viz.
I am informed 'tis by your orders I have been fifteen days confined to this fort—being ignorant of the cause of my confinement, your information o [...] the subject, cannot be a deviation from the constitutional principles of the United States.
To be granted a hearing on the subject of the accusation against me, in order of possible, to re [...]ove the charges exhibited, is what I request and conceive myself entitled to as a ci [...]izen of the Uti [...]ed States, and the partion [...]r State of Kentucky.
If I am innocent of the charges, to be relealed fr [...]m my confinement, must afford your Excellency as well as every hum [...]ne mind satisfaction—i [...] in [...]e wrong, I conceive it consistant with the admi [...]tration of justice.
My private affairs [...]ffer much for want of attention to be permited the privilege of putting the [...] [Page 38]in the best possible situation in case of longer confinement, will prevent an innocent man from inevitable ruin; any security necessary to entitle [...]e the foregoing privileges can be given that your Excellency may demand.
Ha [...]ing received no answer to my letter of the 3d insta [...]t, induces me now to address you as the supreme M [...]j [...]tr [...]te of this destrict requesting of you, the privilege of the writ of Habeas Corpus, which i [...] guaranteed to me; as well as every other citiz [...] of the United States, by the federal constitution.
I hope sir, you will not construe this request from me [...]proper, as I conceive it legal, and being [...]ll ignorant of the cause of my confinement, in a manner I conceive contrary to the constitutional principles of my country.
I wrote to his excellency the governor of the 3d and 20th inst. on the subject of my confinement, of which I suppose you cannot be a stranger, having received no answer from him, has induced me to address you as one of the federal Judges of this destrict —requesting of you the privilege of the writ of Habeas Corpus, which is guaranteed to me, as well as every other citizen of the United States, by the federal constitution.
I hope sir, you will not construe this request from me improper, as I conceive it legal, and being ignorant of the cause of my confinement, in a manner I conceive contrary to the constitutional principles of my country—and also, as the situation of my private affairs call for immediate attention
Capt George Demler, who will do me the honour of handing you this, I hope will be enabled to satisfy me the probability of the success of my application —and whether in case of longer confinement. I can have the privilege of an interview with some of my friends, in order to place my private affairs [...] the best situation possible.
By Capt. Demler I received the following ver [...]al answer from judge Brewen.
H [...] Brewen was then busy; after the arrival of [Page 40]General Wilkinson he would probably write to me on the subject of my application.
General Geo. Mathews Doctor James White and Col Joseph Pannell, as well as many others of my friends, and acquaintances made application to see me, or to be informed what were the charges, they were absolutely refused either.
Capt. William L. Cox applied to Governor sergeant for leave to write me; with some difficulty the request was admitted; on the following conditions.
1st. Captain W. L. Cox's letter, to me was to be handed to the commander col. Hamtrammock * for military inspection.
2d. The commanding officer or col. Hamtrammock to pass or hand the letter to the Governor for civil inspection.
3d. After the foregoing ceremonies the officer of the Fort was permited as I understood to give me the letter.
To this ungenerous procedure I measurably acceded, rather than not hear from my friends.
Captain W. L. Cox was first permitted to open the correspondance, he immediately wrote; (his letters having to pass all the forms of the new created court) came to my view some few weeks after date, and to the best of my recollection was as follows.
[...]everal of the men who came in company with you are sick, and very uneasy, they with to know what you want them to do or whether it is your d [...]ure for them to return home or not, I wish to know what [...]rrangments, you want m [...]de, with your property here, and what service I can legally render you.
The foregoing is the purport of W. L. Cox's letter as near as I can recollect: the original or a [...]py being absolutely dented me; I cannot assert [...]e contents verbatim.
Some few days subsequent to my being admited a sight of W. L. Cox's letter as aforesaid: the officer of the Fort asked me if I did not intend to [...]er Mr. Cox's letter.
My reply was.
The ungenerous mode of corresponding granted between myself and friends, I con [...]eved not to be for any satisfaction or advantage we could derive from it: but the design was if possible to unjustly criminate us, consequently I should not write, all I asked was the following privilege.
Will you permit [...]e to send an open power of attorney to some friend to negociate and settle my p [...]ate business, this request was denied me.
It was with difficulty I was permitted to keep copies of my letters wrote the Governor and Judge. Capt George Demler observing that my publishing [...] them might some day bring upon him trouble; capt. Demler as he told me waited on c [...]l Hamtrammock on this occasion, whom he said had no rejections, to my keeping copies of such letters as [...] approved of by the officers, and that all letters [Page 42]written by me must positively be done in his presence. Some few days previous to my departure from confinement I was informed by a friend (who accidentally got an opportunity to speak with me) that every measure possible was then pursuing, by General Wilkinson, and the Federal officers, to involve me in inevitable ruin. The most ungerous reflections and unfavourable representations were made to those who were unacquainted with us; in fact no abuse with them was too nefarious to be prescribed, and that if I respected myself or friends he advised me if possible to depart.
Under those impressions I determined at every risque to leave my confinement.
On the 25th. of Sept. I told the officers of the Fort in the care of whom I was placed; that I would rather not exist than to be unjustly and illegally confined, my friends would be injured, who had reposed implicit confidence in me; and I must be involved in inevitable ruin; provided I was detained from pursuing my lawfull business.
All I asked was that justice the constitution and laws of my country entitled me to, and rather than be denied that, I would cease to exist in this world.
Except some few contemptuous grins, the officers made little or no reply to my observations and probably thought less of them.
On the 26th of September 1798 (with considerable risque) I departed from Fort Panmeur of Natchez, on my way at the distance of fifteen leagues from New Orleans, I met a report that myself with a considerable number of men was on the way to plunder and harrass the Spanish settlers; and on my arrival at New Orleans, on the 3d. of October 1798. I was informed of the fact, that a [Page 43]letter from General Wilkinson had arrived some few days previous, the contents of which will appear in the following orders, published by the Governor general of the Province of Louisiana viz. I have just now received an unquestionable proof of the faith of the U. S. in the observance of the treaty by which the interest of our nations are so happily united.
General Wilkinson informs me that a very large number of people without law or any nation all consideration have joined in the western part of the U. S. with the perverse design of invading this province, and no other object than that of plundering its inhabitants and committing such excesses as may be expected from men without any discipline, whose existance is only supported as long as their atrocities keep them out of the reach of deserved punishment.
The chief of those banditti has under various pretexts deceived the commander of Fort Massac and was permitted to pass with a small party of his people, having pursuaded him that they were going to hunting; but the main body went through the woods out of sight of the Fort to embark about a league further; said General supposes that these may be a part of the forces with which Blount intended to invade this province.
He has given me this timely information to the end that I might take such measures as can prevent so eminant a danger; the executive power of the U. S. has been long pursuing that party of outlawed people so far as to send troops against them.
The chief of those vagabonds has been lately arrested in Natchez and I make no doubt but what the vigilence of that Government will continue to [Page 44] [...]op the progress of those malefactors.
Although the measures which the government of the U. S. employs to that purpose be efficacious I should be reproachable of negligence should I not do my endeavours to preserve the tranquility of this province and assure to its inhabitants their lives honor and property the principal objects on which is established the happiness of society, and which is the aim of the most beneficent Goverment.
On seeing so eminent a danger I have taken the most convenient measures to have stores of provisions, and amumtion at Batton Ro [...]ge, where in case of necessity I intend to assemble the principal forces of this province with a camp of observation at pointe Coupee, Col. Charles De Grand Pre, Governor of the Districts of Fel [...]ciana and Batton Rouge has my instructions, and is to act immediately under my orders, according to that at his first requisition, any corps of the militia of this province, will march on to the place that he will point ou [...], having given them the orders to meet with the regular troops and free companies with which I will proceed on to the designed spot.
To the end that the said junction may be effected with all possible speed, you will give the convenient orders to the mixed legion of the Mississippi to march at the first warning
In all times the militia of this province have given the most convincing proofs of their fidelity bravery and patriotism not only preserving, their own tranquility, but also crowning themselves with Glory and adding lau [...]els to the arms of his Majesty; this fills me with the most flattering hopes, and makes me beforehand confident of success.
The zeal activity and skill which you have shown [Page 45]in former occasions of importance leaves me no [...] of what will be your conduct on the present one.
To send your orders, you will employ as couriers, such men as you'll think more apt for that purpose, and they will be paid out of the Royal Treasury, as well as other extraordinary expences w [...]en may arise from the marching of the region.
May God grant you a long life:—
On my route to New Orlean, I called on col. Charles De-Grand Pres, to whom the governor. general had dispatched the orders stated in the foregoing —I was treated by the col. politely, and received from him a permit, of which the following [...] copy.
I grant a free passport to Mr. Zachariah Cox and Amos Edwards, that they may pass to New Orleans by land.
[Page 46] My arrival at New-Orlean the moment I did, gave no small degree of surprise to the citizens, as well as the Spanish officers—and as to my own part I can only leave to my friends and fellow citizens to judge of the unpleasant situation in which I was placed: a lone stranger, supported only by a conscious rectitude of my actions, and the profound justice of the Spanish officers who are disposed to be in amity with the United States, and to treat her citizens with justice and respect.
On my arrival at New Orlean, I immediately waited on his excellency governor Gayoso, to whom I stated candidly my situation, and the object I had in view for making him a visit.—,— * I was treated politely; and am happy to have it in my power, to inform the world and my friends particularly; that in his excellency Manuel Gayoso De-lemos, I have had the pleasure to find every principle that constitutes the officer of justice, gentleman of honour, humanity and benevolence.
† Since my departure from the Natchez, Wilkinson [Page 47]and Sergent, or one of them, have ordered o [...] influen [...] the confinement of the company who descended the river with me; some of whome I am told are put in irons.
Some short time after my arrival at New Orleans, Wilkinson, or Sergeant, perhaps both of them, demanded of governor Gayoso the person of Zachr. Cox—in this demand they were not gratified— their communications not being so much credited as in the former instance; the objects they had in view were too plain, and began to awaken every impartial mind: a resort to some other alternative to gratify and carry into effect their malevolence became neceslary.
After accomplishing my business much to my satisfaction with his excellency Governor Gayoso; by his approbation I departed from New Orlean, on the 30th of October for the United States, by way of Mobile, where I arrived in company with Mr. Amos Edwards, on the 8th of November 1798; by the citizens, officers and commander of Mobile [...]e were politely treated.
On the 11th inst, we set out from Mobile for Samuel Mitchel's Esq United States agent in the Chactaw Nation—where we arrived on the 18th inst. Mr. Mitchel being from home, did not return untill the 19th. I immediately communicated to him my situation and desire to pass into the United States, to impartially give that justice and satisfaction the constitution and laws of our country demanded: I further requested of Mr. Mitchell (as an officer of the United States) his protection and safe conveyance into the State of Tennesse, to [...]e honourable John M'Nairy Esq to my request [...]r. Mitchel acceded, and promised to perform.
[Page 48] On the present instant about two hours subsequent to my conversation with Mr Mitchell. J. S [...]e wart arrived express from Natchez, with a letter from governor Sergeant to the following effect. ‡
Zachariah Cox, who made his escape from this in September last, I am informed has left Orleans for the United Sta [...]es, by way of Mobile: he will, probably pass through the Chactaw nation of Indians; should you hear of him, you will have him confined and brought to this place; I will pay the expence be it what it may: I have written to Welch ‖ in the Mobile settlement to have him apprehended should he pass that way.
Not being able to obtain a copy of the letter, I cannot assert the whole verbatim, but the contents was nearly as I have stated, to which was the signature of Winthrop Sergeant.
[Page 49] Situated as I was, the impartial reader may figure to himself my embarrassment, in the midst of an indian nation; having no other way to pass into the United States, but through a tribe of savages— whose enmity, and prejudices, was now roused to extreme against my friends and myself.
And they employed by a reward to arbitrarily and illegally molest me, at a time and place, where Mr. Amos Edwards and myself stood des [...]tute of either friends or acquaintanc [...]; except two or three humane citizens of the Indian co [...]ry, and Samuel Mitchel Esq who in every respect conducted himself as an officer of justice and a gentleman of integrity.
For some time past false representations have been industriously circulated; as well amongst the several tribes of Indians, as with the citizens of the United States—that myself and friends intended to settle the Indian lands at the Muscle Shoals in a forceable manner.
Those erronious prejudices have been kept alive by the detention of a boat [built on Holstein] under impressions that said bo [...]t was intended to convey emigrants to the Muscle Shoals contrary to the approbation of government. Any security would have been given which was repeatedly proposed by myself and friends—that the said boat should not be improperly or illegally employed Notwithstanding, every legal effort made use of by myself and friends (to our extreme injury) the boat was detained—which if she had been admitted, would have passed to Smithland; from thence to New Orleans, and proved to the Indidians. and to the world at large, that these circula [...]ng reports were as false as the previous communication [Page 50]to the Spanish off [...]rs. Let me ask Maj. Kingsberry what could be [...] motive, or design, in making the unprecedented [...] quest, that [...] should descend the river Ohio and Mississippi with but few me [...], and them unarmed.
By false representations the Spanish subjects, as well as the several tribes of Indians, were now routed to the highest prejudice against me. Had I acceded to Kingsberry's prescription, by the former I must have been treated contemptuously, if not harshly—and to the latter I must have fallen a Iacrasice, as several armed parties visited us on our route; Kingsberry well knew the savages had but a few weeks previous, plundered a boat and crew, on the Oh [...]o river, but a small distance below Mas. Iac.
I had every reason to believe, previous to my departure from Smithland, false representations had been made.
But going to New Madrid in company with 80 men, and conducting ourselves in a legal and proper manner;—convinced that wise and just administration, the purity of our intentions; and at once destroyed all confidence in malevolent communications.
[Page 51] On the 21st of Oct I set out for Nashville, State-of Tennessee, under the care of Mr. John Pitchlynn, whom Samuel Mitchell Esq authorized and positively ordered to pass the [...] into the United States. Mr John Pitchlynn, a man of integrity, p [...]ssed us late through the whole nation and towns-of the Chickasaw Indians by night totally u [...]isscovered by them. *
[Page 52] We arrived at Nashville on the 2d of De. ce [...]aber 1798—it being Sunday, we thought proper to postpone seeing Judge M'Nairy until early next morning; in the in [...]erim, lieutenant W. Smith who was one day in advance of us, being at Nashville, went to Judge M'Nairy's, made an oath, as will appear; by virtue of which, the following warrant was issued: viz.
District of Tennesse. To wit.
The United States of America, To the Marshal of the destrict of Tennessee aforesaid, To his deputies in the destrict aforesaid, and to all and singular the United States officers of Justice in the Destrict aforesaid Greeting Whereas William P. Smith lieutenant of the United States army, hath this day come before me John M'Nairy Judge of the destrict of Tennessee and hath made oath that Zachr. Cox now in the town of Nashville, on or about the 26th of September last did make his escape from the Custody of the law, having been committed for treasonable and illegal acts, by co [...]npetant authority at the Natchez, and that he the said Smith is induced to believe from a variety of circumstances, that the charges can be supported against the said Cox. These are therefore to require you to apprehend the said Zachariah Cox. and bring him before me to answer the premises, and further to be dealt with according to law.
[Page 53] W. P. Smith's affidavit by virtue of which the foregoing warrant was issued.
As an officer in the service of the United States and one attached to its interest, I conceive it my duty to inform you in your offic [...] capacity of the arrival of Zachariah Cox in this place an hour or two since. of his having been confined by his excellency Governor Sergeant in August last at Natchez, of his escape from confinement & such other circumstances attending those different actions as have come within my knowledge
In August last his Excellency Brigadier general Wilkinson arrived at fort Massac & was informed that Mr. Cox had descended the Ohio with a party of armed men to the Spanish domin [...]ons without the approbation or knowledge of any of the officers of the United States government, and contrary to its laws, and that he had committed sundry treasonable and illegal acts shortly previous to that period. He immediately dispatched an officer with this information to governor Sergeant, who had Cox confined the night of the offi [...]ers arrival.
On the 20th of September I arrived at Natchez; and on that right Mr. Cox made his escape, by climbing over the walls of the sort; to which place the governor had sent him for safe keeping, there being no jail in the town; he went to New Orleans in company with a Mr Amos Edwards who is yet with him. I left Natchez on the 9th [...]t. and was informed by good authority on my [...]urney here, that about the 10th, a reward of three hundred dollars was [...]ffered by the governor for the apprehending of Mr. Cox. I know that [Page 54]the Chickasaw Indians have also been offered a reward for apprehending him: having seen sundry official letters to and from governor Sergeant on the subject of Cox's confinement, I know that there are charges of magnitude, which will be brought forward against him, to soon as his person can be obtained, he has I am informed to evade trial come from New Orleans by way of Mobile
Men of high responsability stand pledged to support charges against him; and I trust that you will use such means to bring him to trial as may appear to yon proper, you will I hope pardon me for suggesting that if he is tried it must be in the Destrict of Natchez as the witnesses who will appear against him are all there, & cannot be brought here.
I stand ready should it be necessary, to make oath to the circumstances which I have related, & ha [...]e two gentlemen in company with me who are acquainted with nearly all of them — Please to communicate to me your sentiments on the subject as soon as may be convenient to you, I had proposed setting out for Kentucky to morrow morning but can wa [...]t a day if it should be necessary.
N. B I have heard that Mr. Cox offered to give the Govr. of Natchez security for his appearance before any tribunal of the U. S. but that none would be taken a [...]edging that he had too bad an opinion of Mr. Cox; [...] conceived his crimes of so [...]en [...]ous a nature that bail was out of the question.
[Page 55] On Sunday evening about 8 o'clock, by virtue of the previous warrant and affidavit of W. P. Smith I was arrested by John Boyd, deputy Marshall—I was kept in confinement untill Monday the 3d inst. about ten o'clock we waited on the Hon. John M'Nairy Esq W P Smith present, who on oath was inter [...]ogated—questions and answers as follows: viz.
We whose names are hereunto subscribed, do certify, that we were present at the examination of lieut. W. P. Smith. in his testimony against Zachariah Cox, before the hon. Judge M'Nairy— at which time, in addition to what appears in the affidavit from under his hand; the following information was given by him on oath, as we conceived; also, the following questions asked, and answers given, viz.
Mr. Cox having observed that he conceived the treatment he had met with there was arbitrary— Mr. Smith addressed h [...]mself to the Judge, and said that he conceived Mr. Cox had been arbitrarily [...]eated there—meaning at the Natche [...].
1st Question by Judge M'Nairy.
Mr. Smith, how do you mean arbitrarily?
Answer. It appeared so to me.
2d. Question by Judge M'Nairy.
In what manner do you conceive Mr. Cox was treated arbitrarily?
Answer—Because he was kept in confinement so long without having his charges made known to [...], and refused a hearing, and liberty of giving b [...], when offered as good as any in the country, and he thought by the laws of the country Mr Cox, has entitled to it, or words to that p [...]port.
3d. Question, by Mr. Z. Cox's council.
[Page 56] Do you of your own knowledge, know of any charge of a criminal nature against Mr Cox?
Answer—He knew nothing of a public nature, but that he was informed Mr. Cox, and the settlers, had formed a committee, and had expelled a family from his settlement, and sent them to the Spanish government.
Zachariah Cox then observed—that he had always endeavored to support good order, and had quarreled with some imprudent persons for speaking disrespectfully of government; and that in new settlements some bad men would be found— upon which
Mr. Smith arose from his seat, and addressing himself to Judge M'Nairy, said; that if [...]t would be of any service to Mr Cox. that he would further observe, that during Mr. Cox's residence at Smithland, there was frequent intercourse between him and the officers at Massac, and the most perfect harmony subsisted between them; and that he had frequently heard of Mr. Cox's checking of men for speaking disrespectfully of government, and particularly knew he had differed with one Mitchell on that subject, and threatened to drive him away for his abuse of government.
4th. Question, by Zachariah Cox.
Mr. Smith, was not the Chickasaw Indians employed to apprehend me.
Answer, by Mr Smith:
Yes, I am informed they were, and that general Wilkinson had offered them a reward of three hundred dollars; and I believe there is still a reward in the Natchez and Chickasaw nation to apprehend you.
The above is the purport, and nearly the words [Page 57]of Mr. Smith, delivered in our presence, and leaving at the before mentioned period; though not included in the written copy from under his hand— Mr Smith was then on oath before the Judge— and we have that confidence in Mr Smith, that if he did not then conceive this to be a part of his testimony (which we cannot put any other construction upon) that he would not hesitate to declare it again on oath.
Proceedings of the general court martial wherof lieut colonel commandant John F. Hamtramck is President held at camp Lossies's hights on the Mississippi on the 19th, October 1798, and continued by adjournment untill the 22d, by order of general James Wilkinson commanding general of the western army.
Lieutenant colonel Hamtramck President.
- Major Kersy Members Major Ki [...]psberry
- Capt Bukard Members Cap [...] S [...]umburga
- Capt. Wade Members Lieut, Butler.
Lieut. Hyde Judge advocate P. T. The court was duly sworn and on the 20th. October Lieut. Percy Smith Pope of the corps of arularists and engineers appeared before it for trial upon the [...]ol [...]ing charges exhibited against him by Major of Bigade Lovill by order of General Wilkinson viz.
For neglect of duty in suffering Zachariah Cox [...]sta [...]e prisoner to escap [...] from the Guard under his immediate command on the hight of the 26th. September 1798.
[Page 58] To which Lieut Pope pleaded not Guilty.
Captain Demler being sworn says on the 18 [...]h. of August last between the hours of twel [...]e and one O'clock at night lieutenant Gregg and ensign Scott brought Zachariah Cox to Fort Pann [...]uire under my command, lieut. Gregg shewed me his orders for apprehending Cox and for commiting him to me to be put into confinement—Lieut. Pope was officer of the day and I directed him to go and have the Block house immediately prepared for the reception of Cox, which was immediately done and Cox confined in it.
My orders to the officer of the day respecting Cox were that no body should see him or have any communications with him except the officer of the day, who was always to examine the prisoners provi [...]i [...]ns or clothes that were sent to him from Mrs. M'K [...]bs previous to sending them to the Blockhouse which was always done in presence of the officer of the day—Cox was kept in this manner a bout ten days, when his health began to impair and upon the recommendation of the Doctors app [...]ication was made, and permission granted by Governor Sergeant to allow Cox to walk in the Fort u [...]der the inspection of a commissioned officer which to the best of my knowledge was duly and faithfully executed by the respective officers of the day, or in their absence by me.
Quest. 1. by the Court; who was officer of the day when Cox made his escape.
Ans. Lieutenant Pope.
Quest. 2d where was lieutenant Pope when Cox made his escape.
Ans. from Mr. Popes own information and that of lieutenant C [...]uppell, he was in the Fort.
Quest. 3d. In what manner did Cox escape.
[Page 59] Answer On the 26th Mr. Pope came to the cols. to pay h [...]s respects to the General and was there a bout half an hour as he was going away I called hun aside and told him I understood by some officers that cox's settlement was broken up, and that several of his party was coming down in publick employ with the fleet—and begged him to pay particular attention to Cox on that day; Mr. Pope pro [...]ied to do so, and went away, as I supposed to the Fort—I remained and dined with the General at the colonels—between seven and eight O'clock in the evening lieut. campbell came to capt Hiths quarters, and informed me that cox had made his escape, I immediately reported it to Capt. Hith, the [...]en senior officer; col. Hamtramck and capt. Gui [...] having gone with the General to his boats— captain Hith immediately reported the circumstance to the colonel.
Quest 4th. Was Cox at large during the night in custody of the officer of the day, or was he closely confined.
Ans He was closely confined in the upper part of the block house, and not allowed the privilege of candle—a trap door seperated him from 6 or 7 horse thieves, who was confined below.
Quest 5th. at what time was Cox usually returned to close confinement in the block house.
Ans. Generally between 7 and 8 o'clock, some [...]mes earlier and sometimes later in the evening, [...] not suffered to go out of his sight.
Ques [...] 6th. Had Cox any communication with [...] one by letter or otherwise during his con [...]ement,
Ans Yes, but always in presence of officers—he [...]e one letter to governor Sergeant, and another [Page 60]to judge Bruin in my presence. That for governor sergeant was given to col Hamtramck, and that for the judge was delivered by me to him —I know of no other, except a small note written to his cousin, recommending some particular kind of medicine, he being sick.
6 [...]h Did he ever receive any letter while in confinement, if so, in what manner & from whom.
Ans. Yes, he received one from his relation which was in the first instance sent to the govern. or, then to col. Hamtramck, and delivered to Cox by me: it was read in my presence, and after wards returned by me to the colonel (as I believe) he was denied the use of paper pen and ink during his confinement— I requested the officers frequently to lock up their pens and ink when they went out, so that he could not use them.
Ques. 7th. From whom did lieut. Gregg receive his orders to apprehend and confine cox.
Ans. From capt. Gu [...]on, the then commanding officer.
Ques 8 [...]h. When Cox was brought to you to be confined was there any charge against him in writing left with you, or any particular mode for keeping him pointed out to you.
Ans. No —all the orders I gave to the officers under my command were de [...]cretionary, and such I believe were best calculated to secure him,
Quest. 9th. After you had by the Governor been permitted to let Cox walk a [...] out in the Fort in charge of a commissioned officer—did you ever receive any orders to return him into close confinement—
Ans. no.
ABSTRACT.
To the proceed [...]ngs of the court martial (which was handed me by lieut. W. P. Smith at Nas [...]ville) [Page 61]to which is the signature of Charies Hyde lieut. 1st. Regiment of Infantry and Judge advocate by which it appears lieut. P. s. Pope was honourably acquited.
United States [...]s Zachr. Cox
Warrant. to apprehend said Cox or high crimes & misdemeanors & for his escape from an arrest in the Mississippi Destrict, Be it remembered that the examination of said Cox is postponed untill the 22d. day of Jan. '99, & that the said Zachariah Cox together with Howel Tatum & John Gordon his securities have entered into a recognizance, Cox in 6,000 dollars. & each of his securities in the sum of 3,000, conditioned that the said Zachariah Cox shall appear before me on the day last above mentioned, or at any day previous upon having notice for further examination.
It is indorsed on the former reognizance thus:
"On the 22d. January 1799, Zachariah Cox appeared; and he Zachariah Cox & Howel Tatum and John Gordon, his securities were again bound in the sum mentioned in the within recognizance, that the said Zachariah cox shall appear before me John M'Nairy at my house on or before the 25 [...] of Feby [...] next and upon the c [...]ditions mentioned within"
- Zachariah Cox seal
- Ho. Tatum seal
- John Gordon seal
This day personally appeared before me John Smith T who deposeth and sayeth that for seven or eight years past he has been intimately conversant with Zachariah Cox Esquire, during which time [Page 62]he has supported the laws of his country with integrity & ever held himself ameanable to them in all cases, and altho' illegally treated, and many imbarrasments thrown in his way, by the officers of the Federal Government, and advised by me to seek a more favourable climate until the present persecution; he appeared determined to weather out the storm of illegal opposition, in pursuit of a just and legal interprise, with hopes that with the accomplishment of it, every ill founded prejudice would cease to exist, in proof to his fellow citizens of his attahment to them and his country to which his interest linked. To the best of my knowledge and belief Mr. Cox did not contemplate a settlement at the Muscle Shoals without the approbation of Government, as has been falsly represented—Nor do I know of, or believe Mr. Cox ever to have corresponded, or was conversant with Government or any of the citizens of France, or any other, Power or citizens inimical to this government, as has been erroniously reported and industriously circulated— Mr. Cox's object in coming into the western country was a commercial establishment on principles since published by him. The lower trading port of of the Muscle Shoals, was his object if the approbation of Government could be obtained; if not his second object was on the Ohio below the mouth of Cumberland, above the Indian boundary, which last mentioned spot at considerable expence—I explored, and improved for Mr. Cox in the year 1796. For a commercial establishment, which was to my knowledge contemplated as early as that date, and further saveth not.
January 28th. 1799. sworn to before me. John M'Nairy. A copy.
I arrived at Smithland about the 8th of April, 1798; when I first became acquainted with Mr [...] Zachariah Cox—shortly after my arrival, there was a party of riotous and bad characters collected in Smithland, who abused sundry good citizens & travellers; no civil officer being at or near the place—the orderly citizens collected and formed themselves into a society, for the purpose of keeping the town clear of those vagabonds and disorderly men, and by election appointed a committee for that purpose, and to arbitrate and determine controversies between the citizens, who might see cause to abide thereby; by which means the town was soon cleared of all infamous and riotous characters, & the greatest harmony & friendship existed among the citizens, & the strictest attention observed to strangers, particularly federal and all civil officers. The citizens used weekly on Saturday evenings to associate and muster for their own improvement, & to be prepared for defence, in case of an attack from the savages, which for sometime we had reason to apprehend—in such cases they generally nominated some men to act as temporary officers. Some time in the month of June, a man by the name of Medad Mitchel, without authority (as I understood) made an attempt to organize the militia—Zachariah Cox being informed of the circumstance forbid the measure—observing that he (Mitchel) nor no other person there, was vested with that authority. Mr Mitchel measurably persisting in his attempt, and frequently in all companies speaking disrespectful of government, and the officers of it. Z Cox told Mitchel that he was wrong, and ordered him to leave the settlement in consequence of his improper conduct—observing that such conduct would be injurious to the settlement [Page 64]and settlers—Mitchel was afterwards restored to his citizenship, on promise that he would in future observe a proper conduct; and on making sundry acknowledgements to the citizens. About the last of June, col Shelby was solicited by Z. Cox and the other citizens, to organize the militia of Smithland agreeable to the laws [...]f Kentu [...]ky.
On the 4th of July, col. Shelby made a visit to Smithland, appointed an election of officers which was effected, and the militia organised agreeable to the laws of the state. On the 15th of July, Z. Cox in company with sundry other citizens of of Smithland, set out down the river Ohio, with a view (as I understood) of exploring the country west of the river Mississippi—the company being stopped from passing Massac by the federal mil [...]tary; col. Shelby was wrote on the subject, who came to Smithland in person, with J. Ramsey Esq and together with Maj Gift, in company with sundry other citizens went to Massac, and obtained leave for Z Cox with his barge and crews to pass, which was effected as well by col. Shelby's approbation as by that of the officer of Massac; sundry others of the company at the same time passed the south east side of Ohio by land, under the authority of col Shelby and the civil authority of the county of Christian, who joined their respective boats and crews some distance below Massac, from whence the company all proceeded on to New Madrid—but they not being able to procure a permit from the Spanish officer of that post, to explore the country west of the Mississippi, all returned except Z. Cox & 13 others who with myself descended the Mississippi in Cox's barge; on our arrival at Natchez, there was a current report among the citizens of that a lace, that the military troops intended to seize Z. [Page 65]Cox and co [...] we continued at Natchez from the 11th unti [...]l t [...]e 18th i [...]st on which night I was informed Z. Cox was s [...]ized in his bed by the military troops, and c [...]s [...]ly confined—his f [...]ends all made appl [...]c [...]tion to see him, or to know the charges against him, they were dented either. Z. Cox at l [...]ngth foo [...]d means to make his escape from militar [...] oppression; I passed w [...]n him to New Orleans; l [...]c [...]ut [...]ued in Z. Cox's company until his arrival a [...] N [...]shv [...]lle; during wh [...]ch time I was intimately conversant with his neg [...]ciations and transactions— generally saw, and copied many of his corresponding letters, no part of which was to my knowledge derogatory to the interest or laws of his country, but in all cases he has protested the greatest love for his country and respect for the laws of it— which he has as fa [...] as comes to my knowledge [...]ported with integrity and held himself ameana [...] to. Some distance above Orleans we met a repor [...] that Z. Cox, with a body of men was coming down the river, to plunder and harrass the Spanish set [...]rs, and the Spanish citizens appeared much ala [...]med. On our arrival at Orlean, the citizens told me that Gen. W [...]kinson had wrote the Spanish government that Cox, at the he [...]d of a large number of brigands, was on the way to plunder the Spanish subjects; in consequence of which, the Spanish government had issued orders for the militia to hold themselves in readiness—soon after the arrival of Mr. Z Cox at New Orleans, the citizens were reconciled that W [...]lkinsons information was fa [...]se: we were treated politely by the citizens of Orleans, and the government—from whence we departed for the United States by way of the Mobile; on our arrival at Mobile, I was informed that a man by the name of Welch, who [Page 66]lives in the Mobile s [...]ttlements, had in possession a rifle gun, that was stole from Z Cox by a Robert Cledsdale, in the time of his confinement at Natchez; the said Cledsdale being persuaded by Welch, departed from Natchez (as I was informed) in company with him. Sometime previous to their departure, [...]aid Welch was looking at the guns that belonged to the men who descended the river with Z Cox, and at the same time observed that Cledsdale's was the handsomest he had ever seen; Mr. Church and myself informed him that Cl [...]sdale had no gun, but the gun he alluded to was the property of Mr Z. Cox. The said Welch as I was informed, acted as an agent for Gov. Se [...]geant.
About the 20th-day of April A. D▪ 1798. I arrived at the town of Smithland on the Ohio river, when I first became acquainted with col. Z. Cox, to whom I had sundry letters of introduction, being also interrested in the Tennessee purchase in a small degree, I made enquiries of col. Cox, with respect to that business, and what were his prospects respecting forming a settlement at the Muscle Shoals; col. Cox told me that sundry applications made by himself, was then before the President of the U. S▪ soliciting leave to extinguish the Indian claim on a part of the Tennessee purchase, & to settle the same, the fate of said application was not yet known but he was in hopes that at the present treaty to be held with the Cherokee Indians, the President would grant his petition, provided the Indians could be reconciled to the measure. I as [...]ed col. Cox the [Page 67]encouragement given to settlers at Smithland, he told me one lot in town—& on the citizen improving the same, and [...]ing there 12 months, they should each be entitled to a bounty of 1,001 acres of land in the Tennessee purchase, in the tract of country set apart for emigrants, provided the said citizen should settle upon, or cause the same to be fetled upon and improved the ensuing season after a settlement could be effected consistant with the approbation of Government; being at that time in no business, I joined with col. Cox, to become one of the setlers at Smithland: & by my own request I received a permit from col. Cox, to bring forward 25 emigrants, on the conditions above stated; I never heard col. say, or intimate any thing like forcing a settlemant at the Muscle Shoals, but to the contrary, that the measure could nor would not be attempted, untill the approbation of Government was first obtained; & that if it was not the policy of government to admit the measure at that time, it would come in some future day, the property would then be good, in the mean while a lott in Smithland would reward the emigrants, as they could then employ themselves to advantage during the year, which would give a spring to the town, which was supposed would be a good commercial stand, for which purpose, I understood col. Cox intended to settle at Sld. himself untill such time, as a settlement of the M. Shoals, could be carried into effect, by consent of Government. The encouragement proposed by col. Cox in a short time drew a considerable number of emigrants to Smithland, I carried myself, about 30 men of good characters, all of whom received their lot promised—, and mo [...]t of them improved the same. The orderly ci [...]ens previous to my last arrival at Sld. had [Page 68]formed themselves into an association, and chosen a committee for the purpose of keeping out of town riotous and bad characters, and settling controversies between such of the citizens as might think proper to abide thereby—sundry riotous and infamous characters was expelled from the town, by which means the orderly citizens e [...]joyed the most perfect peace and harmony. The citizens used on saturday evenings to associate and muster for their own improvement, as well as to be prepared for defence in case of an at [...]a [...]k from the Indians, which for sometime we had reason to apprehend. Some time in the month of June, a man by the n [...]me of Medad Mitchel made an attempt to organize the militia, and solicited me to join him for that purpose—I understood said Mit. chell that he was to stand as Maj of a battalion —he (Mitchel) in a remote part of the town, had a number of citizens collected for that purpose, and was in the execution of the object—I not being acquainted with the motives, went to col. Cox and informed him of the circumstance, at which col. Cox appeared much irritated, observing that Mitchel certainly had a design to destoy the peace and reputation of all the citizens▪ The col. sent me requesting Mitchel to de [...]ist in his pursuit, and to come to him, which he Mitchel did.
col Z. Cox abused Mitchel very much for his conduct, told him the impropriety of such a measure, and the improper use that might be made of it, & ordered Mitchel in consequence there of to leave the ground, for the above conduct, and his abuse of Government and the ossi [...]ers of it—which he Mitchel repeatedly exercised in all companies and places, although frequently checked by Z. Cox, in [Page 69]my presence—said Mitchel was again restored to citizenship on making sundry acknowledgments to the citizens, and pledging himself most solemnly that he would observe a proper conduct in future. The latter end of June col. Z. Cox and sundry other citizens of Smithland, sent a messenger to col. Shelby, requesting him to come to Smithland, and organize the militia, agreeable to the laws of Kentucky: col. Shelby made us a visit the 4th of July, called a general muster, and I believe legally organized as many as five companies, amongst the number myself was one—and from col. Shelby I received a certificate to stand at the head of one company as capt. The regulations of the town and settlements being now legally and well organized; col Cox made a proclamation of his intended route to New Orleans for commercial objects (as I understood) and that he intended on his route to spend the summer and fore part of the fall in exploring the country West of the river Mississippi, provided the approbation of the Spanish government could be obtained. Provisions being rather scarce at Smithland, a number of citizens expressed a desire to accompany col. Cox, and accordingly prepared for the route—I being among the number, on our descent of the river Ohio; the federal troops forbid Z. Cox and company passing the garrison: col. Cox and several of the officers of Kentucky organized in colonel Shelhy's regiment, wrote him, soliciting his advice; col. Shelby in company with J. Ramsey Esq made us a visit—they went to Massac in company with Major Gist and sundry other citizens, and obtained leave for col. Cox with his barge, the boats and thirty odd men to pass, col. Cox accordingly passed Massac with the boats; all the rest of the company passed by land on the East side of Ohio, through Christian count [Page 70]by col. Shelby's order and request—they joined col. Cox some short distance below Massac—we proceeded on to New M [...]d [...]id; col. Cox waited on the Spanish officer of that place, who treated the company very politely. The Spanish commander at New Madrid not being authorised to admit Z. Cox and company to explore the country West of the river Mississippi (as I was informed) the company all returned except col. Cox and 13 others, who descended the river Mississippi: myself being one of the company who returned to Smithland; on our arrival at Massac, we fell in company with General Wilkinson, by whose orders we were arbitrarily disarmed—our trunks and saddle bags searched, one of which was out open, the owner not being present:
They also broke open sundry sealed letters, & our goods and property was shamefully abused, our pocketts picked by military power—my certificate as captain, received from col. Shelby was taken out of my pocket, by Lieu. W. P. Smith, with military force at the point of the bayonet.
I demanded the paper afterwards which was denied and never returned to me; we being at length liberated—returned to Smithland. During the time of my acquaintance with Z. Cox I never knew him speak, or suggest any thing inimical to Government, but in all cases he has professed the highest love for his country, and respect for the laws of it, which he has as far as comes to my knowledge supported with integrity, and ever held himself ameanable to.