On the Mobile, the American trade was incessantly harrassed with searches and obstructions, and at times, subjected to heavy exactions.

From Nacogdoches, the American settlements, near the Sabine and on Red River, were occasionally menaced and disturbed. From the Sabine to New-Orleans, the country was absolutely open to an invader. There was but one place of strength, besides NewOrleans; Baton Rouge in a settlement, still occupied by the Spaniards, although within the territory claimed by the United States.

By a treaty concluded at Tellico, on the seventh of October, the Cherokee Indians agreed that, as the mail of the United States was ordered to be carried from Knoxville to New-Orleans through the Cherokee, Choctaw and Creek countries, the citizens of the United States should have, as far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbee.

By a convention between the United States and the Creeks, at Washington City, on the fourteenth of November, these Indians agreed that the United States should forever thereafter have a right to a horse path through the Creek country, from the Ocmulgee to the Mobile river, and their citizens should, at all times, have a right to pass peaceably on said path. The Indians promised to have boats kept at the several creeks for the transportation of travellers, their horses and baggage, and houses of entertainment, at suitable places along said path, for the entertainment of travellers.

Archives.-Gazettes.

CHAPTER XIII.

New form of government.-Officers.-Meeting of the house of representatives.-Bishop of Baltimore.Vicar general.-Return of the Marquis of Casa Calvo. -Encroachment of the Spaniards in the west.Major Porter-Don Simon de Cordero.--Don Antonio de Herrera-First territorial legislature, under the new government.-Secretary at war's orders to Wilkinson.-Pike's expedition up the Missouri-Claiborne goes to Natchitoches.-His communication to Herrera.to Herrera.--Cushing sent

to Natchitoches.-Wilkinson arrives there.-His communication to Cordero.-First rumours of Burr's movements.-Wilkinson marches towards the Sabine.The president sends a confidential agent to the western states.-Proclamation.--Wilkinson enters into arrangements with Cordero and Herrera, and sends the troops to New-Orleans. He proceeds to Natchez.- Burling sent to Mexico. Wilkinson goes down to New Orleans. He fortifies that city.-Sends an officer to Jamaica.-Meeting of the merchants.-Arrest of Bollman, Swartout and Ogden.-Writs of habeas corpus.-The prisoners shipped to the United States.Judge Workman.-Second session of the legislature.-Arrest of Adair, Workman, Kerr, and Bradford. Burr arrested at Natchez, is bound over, escapes and is retaken.—Burling returns from Mexico and Swann from Jamaica.

THE new form of government, provided by the late act of congress for the territory of Orleans, differ

ed principally from the former, in the election of the house of representatives immediately, and a legislative council mediately, by the people.

The governor, secretary and judges of the superior courts were to be appointed by the president of the United States, with the advice and consent of the senate; the first of these officers for three, and the second for four years, unless sooner removed by the president of the United States. The judges held their offices during good behaviour.

The legislative council was composed of five, and the house of representatives of twenty-five members.

The members of the legislative council were chosen by the president, with the advice and consent of the senate, out of ten individuals, selected by the house of representatives of the territory. Their period of service was five years, unless sooner removed by the president of the United States. The only qualification required from them was a freehold estate, in five hundred acres of land.

The members of the house of representatives were elected for two years. Citizenship of one of the United States for three years, and a residence in the territory, or three years residence in the territory, were required from the elected, and, in either case, a fee simple estate in two hundred acres of land. The qualifications of the electors, were citizenship of the Ünited States, and a residence in the territory, or two years residence in the territory.

The salaries of the officers above mentioned were the same as under the preceding form of government. All other officers were to be appointed by the governor.

The act of congress had a bill of rights.

The people of Louisiana complained, that in this

form, as in the preceding, their lives and property were, in some degree, at the disposal of a single individual, from whose decision there was no appeal; the law declaring any one of the judges of the superior court a quorum.

Claiborne had been appointed governor, Graham secretary, and Prevost, Sprigg and Mathews judges of the superior court.

The house of representatives met on the fourth of November, for the purpose of nominating to the president of the United States ten individuals, out of whom he was to choose a legislative council. Their choice fell on Bellechasse, Bouligny, the chevalier d'Ennemours, Derbigny, Destrehan, Gurley, Jones, Macarty, Sauvé, and Villere.

The bishop of Baltimore made choice, on the twenty-ninth of December, of Olivier, the chaplain of the nunnery in New-Orleans, for his vicar general in the territory.

The marquis de Casa Calvo reached Natchitoches, on his return from the neighboring Spanish provinces. on the first day of the new year. He was visited by major Porter, who commanded the small garrison at that post, and by his officers; but he was not permitted to enter the fort. He tarried but three days, and proceeded to Pensacola, by the way of Baton Rouge.

A short time afterwards, a small detachment from the garrison of Nacogdoches came to establish a new post, at the Adayes, on the road from Nacogdoches to Natchitoches, within fourteen miles from the latter place: and accounts were received, that don Antonio Cordero, governor of the province of Texas, had marched from San Antonio, with a body of six hundred regulars, some militia, a few Indians and a con

siderable number of horses, mules and cattle. He had stopped on the banks of the river 'Trinity, where he had been joined by don Simon Herrera, the commandant of Montelrey, in the province of New Leon, who had been sent with a reinforcement by don Nemesio Salcedo, the captain general of the internal provinces.

Porter received, on the twenty-fourth of January, orders from the department of war, to require from the commanding officer at Nacogdoches, assurance that there should be no further inroads, nor acts of violence. committed by the forces of Spain, on the eastern side of the river Sabine, and in case the assurance was refused or disregarded, to be on the alert for the protection of the citizens of the United States, pursuing their lawful concerns, westward of the Mississippi. He was instructed to send patrols through the country, eastward of the Sabine, which was considered as part of the territory of the United States, especially, when armed men, not under the authority of the United States, attempted to cross that stream: to repel invasion, by pursuing and arresting invaders; avoiding, however, the spilling of blood, when this could be done without it. He was directed to deliver any Spanish subject, thus arrested, to the commanding officer, at Nacogdoches, if he would give assurances to have them punished, but, otherwise, to deal with them as Claiborne would advise. It was recommended to him, in patrolling the country around the settlement of Bayou Pierre, which was within the territory of the United States, but of which no possession had yet been taken, not to disturb the inhabitants, unless an aggression made it necessary to take possession of the settlement and send the garrison to Nacogdoches.