CHAPTER XIV.

Court of inquiry on Wilkinson's conduct.—Clark's statement.-Legislature.-Civil Code.-Hostile appearan ces.-Troops ordered to New-Orleans.— Wilkinson sent to command them.-Canal Carondelet.-James Madison-Great migration from Cuba.—Camp at Terre aux Bœufs.-Sickness among the troops.Their removal to the Mississippi territory.—Terrible mortality-Clark's pamphlet.— Wilkinson ordered to Washington City-Hampton takes the command.— Legislature.-Claiborne's departure.---Robertson.The Spanish garrison driven from Baton RougeSkipwith.-Proclamation of the President of the United States.-Claiborne's return.-He takes possession of St. Francisville and Baton Rouge.-Parishes of Feliciana, East Baton Rouge, St. Helena and St. Tammany-Insurrection among the negroes.-Legislature. The inhabitants of the territory authorised to form a state constitution.

A motion being made on the twenty-fifth of December, 1807, in the house of representatives of the United States, that the president he requested to institute an inquiry into the conduct of Wilkinson, who was suspected of being a pensioner of Spain, he, on the second of January, made application for a court of inquiry, and one was accordingly ordered to assemble.

A short time after, Clark, the delegate of the territory of Orleans, delivered to the house, under the sanction of his oath, a statement of several transac

tions, which had come to his knowledge, within the preceding twenty years, strongly implicating Wilkinson's conduct, as a pensioner of Spain and an accomplice of Burr.

The second territorial legislature began its second session, on the eighth of January. The professional gentlemen, who had been arpointed in in 1805, to prepare a civil and criminal code, Moreau Lislet and Brown, reported "a digest of the civil laws now in force in the territory of Orleans, with alterations and amendments adapted to the present form of government." Although the Napoleon code was promulgated in 1804, no copy of it had as yet reached NewOrleans: and the gentlemen availed themselves of the project of that work, the arrangement of which they adopted, and mutatis mutandis literally transcribed a considerable portion of it. Their conduct was certainly praiseworthy; for, although the project is necessarily much more imperfect than the code, it was far superior to any thing, that any two individuals could have produced, early enough, to answer the expectations of those who employed them. Their labor would have been much more beneficial to the people, than it has proved, if the legislature to whom it was submitted, had given it their sanction as a system, intended to stand by itself, and be construed by its own context, by repealing all former laws on matters acted upon in this digest.

Anterior laws were repealed, so far only, as they were contrary to, or irreconcileable with any of the provisions of the new. This would have been the case, if it had not been expressed.

In practice, the work was used, as an incomplete digest of existing statutes, which still retained their empire; and their exceptions and modifications were

held to affect several clauses, by which former principles were absolutely stated. Thus, the people found a decoy, in what was held out as a beacon.

The Fuero Viejo, Fuero Juezgo, Partidas, Recopilationes, Leyes de las Indias, Autos Accordados and Royal schedules remained parts of the written law of the territory, when not repealed expressly or by a necessary implication.

Of these musty laws the copies were extremely rare; a complete collection of them was in the hands of no one, and of very many of them, not a single copy existed in the province.

To explain them, Spanish commentators were consulted and the corpus juris civilis and its own commentators were resorted to; and to eke out any deficiency, the lawyers who came from France or Hispaniola read Pothier, d'Aguesseau, Dumoulin, &c.

Courts of justice were furnished with interpreters, of the French, Spanish and English languages; these translated the evidence and the charge of the court, when necessary, but not the arguments of the counsel. The case was often opened in the English language, and then the jurymen, who did not understand the counsel, were indulged with leave to withdraw from the box into the gallery. The defence, being in French, they were recalled and the indulgence shewn to them was enjoyed by their companions, who were strangers to that language. All went together into the jury room; each contending, the argument he had listened to was conclusive, and they finally agreed on a verdict, in the best manner they could.

Among the most useful acts that were passed, at this session, was one for the establishment of a school in each parish.

The court of inquiry on Wilkinson's conduct did not terminate its investigation, till the month of June,

its report was in favor of the general, and was approved of by the president of the United States.

In the fall, the foreign relations of the union assumed an aspect, which produced a general impression, that a rupture with Great Britain was neither improbable nor distant, and the executive received information, that the disposable force at Halifax, was held in readiness to serve in the West Indies, or take possession of New-Orleans, (should the forces of the United States move northerly) and keep that city as an equivalent for what might be lost in Canada.

Accordingly, on the second of November, the secretary of war directed Wilkinson to take measures, without delay, for assembling at New-Orleans and its vicinity, as large a portion of the regular troops, as circumstances would allow. The third, fifth and seventh regiments, with a battalion, composed of four companies of the sixth and the companies of light dragoons, light arrillery and riflemen, raised in the states south of New-Jersey, were destined to the service and the general was instructed to make arrangements for reaching New-Orleans in order to take the command of the forces in that department, as soon as possible, and to make such a disposition of them, as would most effectually enable him to defend the country against an invading foe. He was authorised, in case of necessity, to call on the executives of the territories of Orleans and Mississippi, for such parts of their militia, as might be wanted.

He embarked at Baltimore on the twenty-fourth of January, 1809, and touched at Annapolis, Norfolk and Charleston to accelerate the motions of the troops in those places, and sailed to Havana, on a special mission to the captain general of the island of Cuba.

On the ninth of February, congress passed an act authorising the president of the United to cause the canal Carondelet to be extended to the Mississippi and deepened throughout, so as to admit of an early and safe passage to gun boats from the river to the lake, if on a survey he should be convinced, that this was practicable and would conduce to the defence of New Orleans, and an appropriation of twenty-five thousand dollars was made therefor.

On the fourth of March, James Madison succeeded Jefferson, in the presidency of the United States. Wilkinson, on his return from Havana, stopped at Pensacola, and reached New-Orleans on the nineteeth of April.

The force which he found in that city was a little less than two thousand men, and one third of it was on the sick list. He spent some time in in reconnoitring the country around, in search of a spot, from which the troops might readily be brought into action, in case of an attack, and in which they might, in the meanwhile, enjoy as much health and comfort, as the elimate would allow; his choice fell on an elevated piece of ground, on the left bank of the Mississippi, about eight miles below the city, near the point at which the road leading to the settlements of Terre aux Bœufs leaves that which runs along the river.

Between the nineteenth of May and the eighteenth of July of this year, thirty-four vessels from the island of Cuba, with 5797 individuals, of whom 1828 were white, 1978 free blacks or colored persons and 1991 slaves. These people had sought a refuge, in that island, on the insurrection of the blacks in Hispaniola.

A large detachment was sent to Terre aux Bœufs to make the necessary preparations and the rest of the