THE UNIVERSITY 
 
 OF ILLINOIS 
 
 LIBRARY 
 
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 ccjp.2. 
 
 ittnttsr. 
 
 JUIHOIS HISTORICAL SURVEY 
 
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Digitized by the Internet Archive 
 
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 http://archive.org/details/lifepapersoffred01bate 
 
PUBLICATIONS 
 
 OF THE 
 
 MISSOURI HISTORICAL SOCIETY 
 
 A CONSOLIDATION OF THE 
 
 Missouri Historical Society 
 
 AND THE 
 
 Louisiana Purchase Historical Association 
 
 PUBLISHED FROM THE 
 
 WILLIAM KEENEY BIXBY FUND 
 
 ST. LOUIS, MISSOURI 
 
THE LIBRARY 
 
 OF THE 
 
 ubwersity of iluhoi 
 
FREDERICK BATES 
 
 From an oil painting, the properly of Lucia Lee Bales, 
 home of Mrs. Charles W. Bates, 5231 Waterman 
 
 The original hangs in the 
 Avenue, St. Louis. 
 
THE LIFE AND PAPERS 
 
 of 
 
 FREDERICK BATES 
 
 *t 
 
 EDITED BY 
 
 THOMAS MAITLAND MARSHALL, PH.D. 
 
 Secretary of the Missouri Historical Society 
 
 and 
 
 Professor of History in Washington University 
 
 VOLUME I 
 
 MISSOURI HISTORICAL SOCIETY 
 St. Louis, 1926 
 
381 
 
 Copyright, 1926 
 MISSOURI HISTORICAL SOCIETY 
 

 TO MY SONS 
 
 WILLIS WOODBURY MARSHALL 
 
 AND 
 
 LEROY MAITLAND MARSHALL 
 
 613 
 
PREFACE 
 
 The collection known as the Bates papers contains nearly 
 fifteen hundred manuscripts. Most of the papers were col- 
 lected and preserved by Miss Lucia Lee Bates of Ironton, 
 Missouri, a grand-daughter of Frederick Bates, and by her 
 were presented to the Missouri Historical Society with the 
 privilege of publication. The original collection has been 
 enriched by twenty-one manuscripts loaned to the Society 
 by the Daughters of the War of 1812, by several photostats 
 from the Burton Collection, and by about one hundred 
 photostats obtained from various departmental archives in 
 Washington, D. C. 
 
 It was impossible to publish all of the Bates papers ; and 
 even if the resources of the Society had made this possible, 
 it would not have been desirable to do so. Many of the 
 letters are of an intimate nature, dealing with matters of 
 interest to the family, but of no interest to the public. 
 Many of these, especially the letters of Nancy Bates to 
 Frederick, are charming epistles, and would be choice mate- 
 rial for the biographer. Frederick Bates wrote many 
 poems. Some of these are amatory, others satirical, and 
 several are imitations of the English poetry of the eight- 
 eenth century. They no doubt served their purpose in 
 developing his art of writing, but as poetry they do not 
 deserve a place in literature. 
 
 The editor has selected for publication those manuscripts 
 which throw light on the public life of Frederick Bates and 
 
 (vii) 
 
viii The Life and Papers of Frederick Bates, 
 
 on the history of the period, the word history being used 
 in a large sense to include politics, law, social and economic 
 conditions, and the evolution of institutions. It is the belief 
 of the editor that the papers will be of especial value to 
 those who are interested in the study of the significance 
 of the frontier in American history. For the territorial 
 background of Missouri history the papers furnish an inti- 
 mate picture of political and social conditions. In the light 
 of the papers Louisiana Territory takes on a new meaning. 
 Men and events must be reappraised if our history of that 
 early day is to approximate the truth. Henceforth Fred- 
 erick Bates should loom larger on the pages of history. 
 
 The publication of these volumes was made possible by 
 the generosity of Mr. William K. Bixby, the President of 
 the Missouri Historical Society, who has given to the 
 Society a fund to enable it to make available for scholars 
 the treasures which have long reposed in its archives. 
 
 In the preparation of these volumes I am especially 
 indebted to Mrs. Nettie Beauregard, the archivist of the 
 Society. I also wish to express my sincere appreciation for 
 the assistance rendered me by Miss Stella Drumm, the 
 librarian of the Society, by Professor Eugene C. Barker 
 of the University of Texas, by Dr. Milo M. Quaife of the 
 Burton Collection at Detroit, by Dr. J. Franklin Jameson 
 of the Carnegie Institution at Washington, by Dr. N. D. 
 Mereness, and by my colleagues, Dr. Donald McFayden 
 and Dr. Ralph P. Bieber. I also owe much to the careful 
 work of transcription which was done by my assistant, Miss 
 Dorothy Adele Neuhoff. 
 
 Thomas Maitland Marshall. 
 
 St. Louis, December 17, 1925. 
 
CONTENTS 
 
 VOLUME I 
 
 Introduction 
 
 Page 
 
 The Life of Frederick Bates 1 
 
 Part I 
 The Detroit Period 41 
 
 Part II 
 The First Acting-Governorship 89 
 
 Part III 
 The Regime of Governor Lewis 305 
 
 VOLUME II 
 
 Part III — Continued 
 
 The Regime of Governor Lewis 5 
 
 Part IV 
 The Second Acting-Governorship 83 
 
 Part V 
 The Administration of Governor Howard 159 
 
 Part VI 
 Bates' Last Acting-Governorship 243 
 
 Part VII 
 The Bates Papers, July, 1813— December, 1820 259 
 
 Part VIII 
 The Later Years 313 
 
 Index 325 
 
 (ix) 
 
The Life of Frederick Bates 
 
THE LIFE OF FREDERICK BATES 
 
 The Virginia branch of the Bates family traces its 
 ancestry back to John I. Bates, who, according to tradition, 
 was of Scotch-Irish extraction. He was born in 1598. The 
 date of his removal to Virginia is unknown, but in 1624 he 
 was one of the company of Abraham Piercey at Piercey's 
 Hundreds. He died in 1666, being survived by his wife and 
 four children. 1 
 
 Thomas Fleming Bates, the father of Frederick, was a 
 great-great-grandson of John I. Bates. He was born in 
 York County, Virginia, on November 1, 1741. On August 
 8, 1771 he married Caroline Matilda Woodson, the daugh- 
 ter of Charles Woodson and Agnes Parsons. Frederick's 
 mother was born in Henrico County on October 17, 1751. 
 After the marriage the young couple lived in Henrico 
 County and there three children were born to them : Charles 
 Fleming, Sarah, and Tarleton. About 1776 the family 
 moved to Goochland County where a home called Belmont 
 was established. There nine children were born : Frederick, 
 Fleming, Richard, Susannah W., Margaret Maria, James 
 Woodson, Anna (Nancy), Caroline Matilda, and Edward. 2 
 Of these the first and last were destined to become famous. 
 
 Of his father Edward Bates wrote, "Our father was 
 bred a merchant, but was driven from trade and pretty 
 much broken up by the War of the Revolution. He was a 
 
 i Onward Bates, Bates, et al. of Virginia and Missouri, 103, 109. 
 2 Ibid., 22, 73-74. 
 
 (3) 
 
4 The Life and Papers of Frederick Bates. 
 
 Quaker until he forfeited his membership in the 'Society 
 of Friends' by bearing arms against the King at the siege 
 of York. Though not absolutely poor, he was not able, 
 in those hard times, (just after the Eevolution) to give 
 his sons collegiate education." 3 
 
 That the father was unable to recover from the losses 
 sustained during the Revolution is shown by the following 
 pathetic letter to his son : 
 
 Belmont, Virginia, 31st October 1801. 
 My Dear Frederick: 
 
 Your tender and affectionate letter of the 12th of August 
 came to hand the 17th Inst, and was more particularly 
 pleasing because from a series of unpropitious events, ill 
 health, and depression of spirits, the Condolence of a dear 
 absent Son, was a balm to my inquietude. My land, Slaves, 
 Stock & furniture have been sold to satisfy my old british 
 Creditors, your brother Charles became the purchaser of 
 the land, at the price of £1726. also of 5 of the Slaves. — 
 we yet retain the furniture, three Work horses, two Yoke 
 of Oxen & five Cows & Calves, with the Hogs & Sheep, — ■ 
 should benificient Providence smile on our endeavors, we 
 shall yet be able to keep the family together. 
 
 I shall be Sixty years old next month, and unable now to 
 labor, but am anxious to obtain some employment to assist 
 by personal Service in the Support of a hopeful family of 
 little Children. You see, my dear Son, the Vicissitude of 
 human fortune, though my Paternal inheritance was 
 small, I embarked early in Mercantile pursuits, and was 
 
 s Edward Bates to C. I. Walker, February 10, 1859, in Michigan 
 Pioneer and Historical Society, Collections, VIII, 563. 
 
Biography of Frederick Bates. 5 
 
 a drudge in Active life about ten years, when our revolu- 
 tionary war occasioned an interdiction to transatlantic 
 Connections, and drove me hither, as I then thought, worth 
 upwards of £6000. in book debts, well secured by bonds, 
 Mortgages, Bills of exchange & but alas, in an evil hour, 
 the traitor Arnold, and Philips, deprived me of all, and 
 left a large british debt hanging over me; you were an 
 infant Witness to the Spoliations I suffered by Cornwallis, 
 both of which were felt severely, but animated by hopes of 
 independence, life, health & possession of a friendly Soil, 
 unmolested by the tyranny of Kings, became the Watch 
 word, and responsive to our wishes. It pleased heaven to 
 grant us independence, at the price of ruin & devastation 
 to many ; but I will not arraign the dispensations of provi- 
 dence. I have a numerous family to enjoy the sweet repose 
 of a Virtuous independence, which cannot long be the lot 
 of, My Dear Frederick, 
 
 Y'r ever Affectionate Father. 
 
 Tho. F. Bates 4 
 
 The years 1805 and 1806 brought sadness to the family. 
 On May 26, 1805 the father died at Belmont, and on July 14 
 Susannah, who had recently married Thomas H. Walton, 
 was killed by lightning. 5 A third sorrow soon came to the 
 bereaved family. On January 8, 1806 Tarleton was killed 
 in a duel near Pittsburgh. At the time of his death he was 
 a promising young business man of Pittsburgh and was 
 prothonotary of Allegheny County. 6 
 
 * Unless otherwise stated, the letters are in the Bates Collection of 
 the Missouri Historical Society. 
 
 s Onward Bates, Bates, et al. of Virginia and Missouri, 73, 74. 
 « For an extended account of the duel, see ibid., 59-61. 
 
6 The Life and Papers of Frederick Bates. 
 
 Frederick Bates was born at Belmont on June 23, 1777. , 7 
 Edward, his youngest brother, states that the older sons 
 were well taught in the ' ' rudiments, ' ' and were disciplined 
 to study. 8 We know nothing of the school that he attended, 
 but the perusal of the Bates papers discloses convincing 
 proof that he learned to write vigorous English, that he 
 possessed a considerable knowledge of the Latin classics, 
 and that he was versed in history and the science of gov- 
 ernment. 
 
 The misfortunes of his father made a college education 
 impossible for him. Late in 1794 or early in 1795 he entered 
 the office of William Miller, the clerk of the Goochland 
 County Court, where he would have the opportunity to 
 begin the study of law. He lived with Miller for nearly 
 three years, acting as assistant and deputy clerk, at times 
 being given entire management of the office. He impressed 
 his superior, the lawyers, and the magistrates with his 
 integrity, sobriety, diligence, and attention to business. 9 
 During this period he began the study of law. 10 On Feb- 
 ruary 23, 1796 he was appointed postmaster at Goochland 
 Court House, 11 a position which he held until his departure 
 from Virginia. 12 
 
 In the fall of 1797 he received an appointment in the 
 
 7 Onward Bates, Bates, et al. of Virginia and Missouri, 23. 
 
 s Michigan P. and H. Society, Collections, VIII, 563-564. 
 
 » Testimonial of William Miller, July 4, 1800; testimonial of the 
 gentlemen of the bar and the magistrates of Goochland County Court, 
 November 18, 1800. 
 
 io Michigan P. and H. Society, Collections, VIII, 563-564. 
 
 ii Messages and Proclamations of the Governors of the State of Mis- 
 souri (Buell Leopard and Floyd C. Shoemaker, eds.), I, 71-72. This will 
 be referred to henceforth as Messages and Proclamations, 
 
 12 Fleming Bates addressed him as postmaster in a letter of June 5, 
 1797. 
 
Biography of Frederick Bates. 7 
 
 quartermaster's department of the Army of the Northwest. 
 He started for Detroit on horseback. In a letter to his 
 father he described the journey as far as Presqu' Isle. 
 It is impossible to trace his exact itinerary, but apparently 
 he headed straight north to Culpepper, crossed the Blue 
 Ridge at Chester's Gap, then proceeded down the Shen- 
 andoah Valley to Winchester, and from there to Pitts- 
 burgh. From that point he apparently followed the Alle- 
 gheny for some distance, and then crossed the open country 
 to Fort Presqu' Isle. From that point his route is uncer- 
 tain, as is the exact date of his arrival at Detroit. The 
 journey was made without serious difficulty and only one 
 incident connected with it is worth recording. The evening 
 after he left Winchester he sought lodging at "a decent 
 Log House. ' ' The venerable landlord thought that he must 
 be a runaway, for it did not seem reasonable that such a 
 stripling could have business so far from home. Bates 
 finally satisfied his wary host by delivering his pistol, 
 telling him a straightforward story, and producing his rec- 
 ommendations. 13 
 
 Bates' headquarters were at Detroit, but he was fre- 
 quently called upon to make extended journeys. One of 
 these in the summer of 1798 carried him to Lexington, 
 Kentucky, 14 another to Michillimackinac in the fall of 
 1799 ; 15 and a third to Fort Wayne early in 1800. 16 
 
 In the summer of 1800 Bates embarked in business for 
 himself as a merchant. He had made friends among the 
 officers and traders at Detroit. Among these was Matthew 
 
 is Frederick Bates to Thomas F. Bates, October 21, 1797. 
 I* Frederick Bates to Tarleton Bates, July 6, 1798. 
 15 Frederick Bates to Richard Bates, April 20, 1799; same to same, 
 October 1, 1799. 
 
 is Same to same, December 24, 1799. 
 
8 The Life and Papers of Frederick Bates. 
 
 Ernest, a former batallion paymaster of the army. 17 
 Ernest helped him to establish his credit by writing in his 
 behalf to Lewis Farquharson and Company, merchants of 
 Schenectady. 18 He apparently carried on a considerable 
 business 19 until June 11, 1805, when he lost practically all 
 of his property in the conflagration which destroyed De- 
 troit. 20 
 
 Bates ' chief interests were in law and politics rather than 
 in business. For several years his spare time had been 
 given to the reading of law. 21 Like many young Virginians, 
 he had been fired with the republicanism of Jefferson. 22 
 But at Detroit most of his associates were federalists and 
 for a time he leaned to that party. 23 His federalism was 
 short-lived. We are not certain of the cause of his return 
 to JerTersonian principles, but he was probably influenced 
 by a letter from his brother Richard, which charged the 
 federalists with deceit and bribery in the Virginia elec- 
 tions. 24 
 
 On October 14, 1802 Bates was appointed deputy-post- 
 master at Detroit, a position which he filled until August, 
 1805. 25 In the political field he saw his opportunity. On 
 
 17 Francis B. Heitman, Historical Register of the United States Army. 
 I, 407. 
 
 is Matthew Ernest to Lewis Farquharson and Company, June 20, 1800. 
 
 19 B. C. Whiley to Frederick Bates, August 2, 1802 ; James Durand 
 to Bates, July 12, 1803; S. Street to Bates, August 13, 1803; John Forsyth 
 to Bates, August 17, 1805. 
 
 20 For a graphic account of this fire, see George B. Catlin, The Story 
 of Detroit, 115-119. 
 
 2i Thomas F. Bates to Frederick Bates, November 30, 1800. 
 
 22 Richard Bates to Frederick Bates, May 14, 1806. 
 
 23 Frederick Bates to Richard Bates, December 24, 1799. 
 
 24 Letter of July 24, 1799. 
 
 25 Messages and Proclamations, I, 72. A letter from Gideon Granger, 
 the postmaster general, to Frederick Bates, July 1, 1803, acknowledged 
 receipt of his account for the quarter ending December 31, 1802. He 
 
Biography of Frederick Bates. 9 
 
 September 26, 1803 he wrote to his brother, Charles Flem- 
 ing Bates, that there was a possibility that "our corner in 
 the Indiana Territory will during next session of Congress 
 be laid off into a separate territorial Government. I am 
 desirous of obtaining the office of Secretary.' ' He asked 
 his brother to use his influence with some member of con- 
 gress to help him to obtain the appointment. That he was 
 safely within the Jeffersonian fold he made plain by 
 observing, ' ' As for my Politics — you all know that I am 
 staunch. ' ' 
 
 Michigan Territory was not created until 1805, but the 
 young Virginian did not have to wait until that date to 
 receive recognition. In the fall of 1804 he was appointed 
 receiver of public monies at Detroit. The appointment 
 was made during the recess of the senate, but was soon con- 
 firmed. 20 Before the end of the year he was also appointed 
 land commissioner. 27 The creation of Michigan Territory 
 in 1805 opened the way for a larger career. On March 3 
 he was appointed an associate judge of the new territory. 
 His duties as a judge did not begin until July 1, on which 
 date the act creating the territory became effective. 28 He 
 was also authorized to continue in the office of receiver of 
 public monies, and to complete his work as land commis- 
 
 was addressed by the Washington authorities as postmaster and was 
 evidently in full charge of the postoffice at Detroit. He was succeeded by 
 George Hoffman who was appointed July 29, 1805. Gideon Granger to 
 Hoffman, July 29, 1805, Burton Collection manuscript. 
 
 26 Albert Gallatin to Frederick Bates, October 13, 1804; same to same, 
 December 28, 1804. 
 
 27 Bates' oath is dated December 3, 1804. 
 
 28 Michigan P. and H. Society, Collections, III, 122; James Madison to 
 Frederick Bates, March 22, 1805. 
 
 29 Gallatin to Bates, July 6, 1805. 
 
10 The Life and Papers of Frederick Bates. 
 
 In the latter capacity Bates had as an associate George 
 Hoffman, the register of the land office at Detroit. They 
 were confronted with many difficult problems. Hundreds 
 of grants had been made by the French and English author- 
 ities, many of which were conflicting. The commissioners 
 observed, " There are many interfering, contending claims, 
 and much difficulty will be experienced in ascertaining 
 boundaries. There has hitherto been no general survey of 
 the country: surveys have indeed been made, but they are 
 partial, irregular, and perhaps, in many instances, inac- 
 curate. In the event of a confirmation, a very minute 
 inquiry must necessarily precede the issuing of a patent, 
 in order justly to decide the conflicting claims of private 
 persons ; otherwise, the consequences will be endless litiga- 
 tion, and almost numberless law-suits.' ' 
 
 The commissioners proceeded in a methodical and busi- 
 nesslike manner to investigate and classify the claims. On 
 December 1, 1805 they submitted a preliminary report in 
 which they classified the claims under seven heads : 
 
 I. Claims founded on the grants of Antoine de Lamothe 
 Cadillac. 
 
 II. Claims founded on the grants issued by the gov- 
 ernor and intendant of New France and Louisiana, in the 
 years 1735 and 1737. 
 
 III. Claims founded on similar grants by the governor 
 and intendant between the years 1734 and 1754 for which 
 a brevet of confirmation was never obtained. 
 
 IV. Claims founded on grants of Monsieur de Belestre 
 and other French commandants, and continuations or aug- 
 mentations by these officers of grants formerly made by the 
 governor and intendant. 
 
Biography of Frederick Bates. 11 
 
 V. Claims pretended to be derived from the British 
 government. 
 
 VI. Indian grants. 
 
 VII. Claims founded on actual settlements and improve- 
 ments, without other pretended title. 30 
 
 On March 6, 1806 the commissioners made a report on 
 their findings and confirmed only six claims. 31 The work 
 was continued the following year by a commission com- 
 posed of Stanley Griswold, Peter Audrain, and James 
 Abbott. 32 
 
 Of more importance than the work of the land commis- 
 sion were the problems connected with the organization of 
 the newly created Michigan Territory. William Hull, a 
 Revolutionary War general from Massachusetts, was made 
 governor. Of him Judge Cooley says, "In Michigan he 
 found uncongenial people all about him, and it soon 
 appeared that he was somewhat lacking in the persistent 
 self-assertion necessary to make the rough characters of a 
 backwoods settlement recognize and accept the fact that 
 within the proper limits of his authority he proposed to be 
 and would be ruler and master. ' ' 33 
 
 Jefferson appointed Augustus Brevoort Woodward chief 
 justice, and Samuel Huntington and Frederick Bates asso- 
 ciate judges. Huntington declined to accept the appoint- 
 ment, and the third judge, John Griffin, was not appointed 
 until 1806. The secretary was Stanley Griswold. The chief 
 justice arrived at Detroit on June 29, 1805, and the gov- 
 
 30 Am. State Papers, Public Lands, I, 247-250. 
 si Ibid., I, 283. 
 
 32 Ibid., I, 283-291. 
 
 33 Michigan, a History of Governments, 148. 
 
12 The Life and Papers of Frederick Bates. 
 
 ernor two days later. 4 Woodward was a forceful but 
 untactful person ; a theorist but not a mere dreamer ; eccen- 
 tric, fearless, and even audacious. He was frequently in 
 disagreement with the governor and secretary, but usually 
 dominated the situation/ 55 Griffin was a Virginian. He 
 was an accomplished gentleman, but lacking in originality 
 and force. He usually followed the leadership of Wood- 
 ward. "Griswold was an able man but a red-hot politician 
 from Connecticut, who had left the pulpit to become an 
 editor, and who was only comfortable when he had his own 
 way." He was unable to work in harmony with the gov- 
 ernor and was suspected of carrying on an intrigue to 
 supersede the chief executive. 36 
 
 The new government began to function under most diffi- 
 cult circumstances. On June 11, 1805 Detroit was consumed 
 by fire. After the conflagration many of the inhabitants 
 encamped on the public grounds in the vicinity and the 
 remainder dispersed among the neighboring settlements. 
 The original town with narrow and crooked streets had 
 covered only a few acres, and the adjacent ground was a 
 common. The people realized that it would be folly to 
 attempt to rebuild the town as it was before the fire, but 
 they were unable to agree upon a plan of action. 
 
 On the morning of July 1 Woodward and Bates "pre- 
 vailed on them to defer their intentions for a short time, 
 giving them assurances that the Governor of the territory 
 would arrive shortly, and that every arrangement in the 
 power of their domestic Government would be made for 
 
 s* James V. Campbell, Outlines of the Political History of Michigan. 
 237-239. 
 
 35 C. M. Burton, "August Brevoort Woodward," in Michigan P. and 
 H. Society, Collections, XXIX, 638-664. 
 
 ss Campbell, Outlines of the Political Histortj of Michigan, 237-238. 
 
Biography of Frederick Bates. 13 
 
 their relief. On these representations, they consented to 
 defer their measures for one fortnight. In the evening 
 of the same day the Governor arrived. . . . The 
 situation of the distressed inhabitants then occupied the 
 attention of the members of the Government for two or 
 three days. The result of these discussions was, to proceed 
 to lay out a new town, embracing the whole of the old town 
 and the public lands adjacent; to state to the people that 
 nothing in the nature of a title could be given under any 
 authorities then possessed by the Government; and that 
 they could not be justified in holding out any charitable 
 donations whatever, as a compensation for their sufferings, 
 but that every personal exertion would be used to obtain 
 a confirmation of the arrangements about to be made, and 
 to obtain the liberal attention of the Government of the 
 United States to their distress." 37 
 
 The governor and judges planned the new city with an 
 eye to the future, adopting as their model the plan of the 
 city of Washington. 38 Lots were disposed of to meet the 
 immediate need, and the final arrangement was left until 
 congress could act. The governor and chief justice event- 
 ually took the long journey to the national capital to 
 impress their views upon congress, and succeeded in 
 obtaining the passage of an act which made the governor 
 and judges a land board with authority to lay out a town. 
 Every person over seventeen years of age, who, at the 
 time of the fire, had resided in the old town, was to receive 
 a lot, 39 
 
 37 Am. State Payers, Public Lands, I, 229. 
 
 ssCatlin, The Story of Detroit, 122-123. Tradition has given the 
 credit for the adoption of the plan to Judge Woodward. 
 39 Cooley, Michigan, a History of Governments, 153. 
 
14 The Life and Papers of Frederick Bates. 
 
 During the first three months of the life of the territory, 
 a code of laws was prepared which appears to have 
 answered the needs of the frontier communities. The 
 courts were organized and their jurisdictions defined. 
 Petty cases were left to the justices of the peace. The 
 supreme court was vested with original jurisdiction in 
 land cases and in cases involving criminals accused of 
 capital crimes, and with concurrent jurisdiction over civil 
 cases involving two hundred dollars or more. The supreme 
 court also acted as a court of appeals. The territory was 
 divided into judicial districts: the Erie District which 
 included the Eiver Eaisin country, the Detroit and Huron 
 Districts which for the time being were consolidated, and 
 the Mackinaw District. 40 
 
 Judge Bates presided over the Detroit district court on 
 August 19, 1805. 41 To equip himself more thoroughly for 
 his duties as judge, he purchased from a firm in Albany 
 a set of Blackstone at a cost of £9 and 9 shillings. He was 
 in such financial straits at the time that it was sevpral 
 months before he could pay the bill. 42 
 
 On May 5, 1806 Bates presided over the district court of 
 Detroit and Huron, 43 and over the Erie district court on 
 May 19. 44 Late in June he acted in similar capacity at 
 Michillimackinac. 45 His statements to the grand juries 
 were prepared with great care, but it seems probable that 
 
 40 Campbell, Outlines of the Political History of Michigan, 240-241. 
 4i Bates' charge to the grand jury of that date. 
 
 42 Bill of Robison and Martin, August 29, 1805; acknowledgment of 
 payment, February 12, 1806. 
 
 43 Bates' charge to the grand jury of that date. 
 
 44 Charge to the grand jury at River Raisin. 
 
 45 Charge to the grand jury at Michillimackinac. It must have been 
 late in June, for Bates was in Detroit at the time of Hull's arrival on 
 June 6. 
 
Biography of Frederick Bates. 15 
 
 the finely phrased addresses must have seemed rather high 
 flown, and were in part perhaps incomprehensible to the 
 frontiersmen who listened to the dignified Virginian on 
 the bench. 
 
 Governor Hull was absent from the territory during the 
 winter of 1805 and 1806, and did not return to Detroit until 
 June, 1806. He found the inhabitants in a state of alarm 
 over threatened Indian hostilities. Secretary Griswold, 
 during the governor's absence, had called out the militia 
 and had ordered the building of a stockade for the defense 
 of Detroit. The militia, having been under arms for some 
 time, desired to be dismissed to attend to home duties. 
 The governor called into consultation a number of officers 
 of the government. They recommended that the militia 
 be dismissed and that a contract be made to complete the 
 defenses. The recommendation was adopted, but as Bates 
 was the only judge then present in the territory, no appro- 
 priation could be made to cover the expense. With the 
 advice and consent of Bates, the governor gave an order 
 on the marshal to advance the funds, but the governor 
 insisted upon being personally accountable for the sum. 
 After Bates left the territory Hull appealed to him to use 
 his influence in Washington to get him reimbursed for the 
 expenditure. In this Bates was apparently successful, for 
 Hull received payment from the government. 46 
 
 Early in 1806 a group of Boston capitalists petitioned 
 the governor and judges to incorporate a bank at Detroit. 
 Before the charter was granted a cashier was appointed 
 and a building constructed. The charter was granted in 
 
 46 John Griffin to A. B. Woodward, December 23, 1808, in Michigan P. 
 and H. Society, Collections, III, 471-472; William Hull to Bates, Decem- 
 ber 17, 1806. 
 
16 The Life and Papers of Frederick Bates. 
 
 September by Hull, Woodward, and Bates. Chief Justice 
 Woodward accepted the presidency of the bank, an indis- 
 cretion that caused him to be threatened with impeachment. 
 The act creating the bank was disapproved by congress in 
 March, 1807 ; at that time the governor and chief justice 
 were subjected to much criticism, 47 but apparently Bates 
 escaped the unfriendly attacks. 
 
 In one particular he did not escape public condemnation 
 in Detroit. As a member of the land board for the appor- 
 tionment of lots, it is not surprising that his decisions, even 
 though based upon principles of justice, did not always 
 meet with the approval of the people. Of this work Judge 
 Woodward reported to the secretary of state as follows: 
 "We gave great dissatisfaction in the distribution of dona- 
 tions. Mr. Bates and myself were clearly of the opinion 
 that the donations should not be suffered to run foul of the 
 adjustments of the ancient titles. The governor gave way 
 to the popular storm. As their wish was, however, imprac- 
 ticable in its own nature, not from the mere reluctance of 
 those who were to make the distribution, we have been con- 
 stantly obliged painfully to tread back upon our steps, and 
 none of us have given satisfaction to the people. Perhaps 
 none could have done it under the jealousies and dissen- 
 tions prevailing among them." 48 
 
 From the Bates papers may be gleaned occasional 
 glimpses of the private life of Frederick Bates while in 
 Detroit, but not enough to make a complete picture. That 
 he did not hold entirely aloof from the company of the fair 
 
 47 Campbell, Outlines of the Political History of Michigan, 245-246; 
 Michigan P. and H. Society, Collections, XXIX, 644. 
 
 48 A. B. Woodward to James Madison, July 18, 1807, Michigan P. and 
 H. Society, Collections, XII, 507. 
 
Biography of Frederick Bates. 17 
 
 sex is shown by occasional statements in his private letters. 
 In a letter to his sister Sally he jokingly said that he was 
 'making little progress among the French girls of Detroit 
 who looked upon Americans as "a rough unpolished, brutal 
 set of people." But he apparently enjoyed the society of 
 the Misses Grant, the daughters of the commodore of the 
 British Squadron on the upper Lakes. That he had entre 
 to the Grant home shows that his social position was 
 secure. 49 Bates was also on friendly terms with the Hull 
 family and a deep friendship grew up between Ann Hull, 
 the governor's attractive daughter, and the young Vir- 
 ginian. 50 But apparently it did not ripen into love, for 
 about a year after Bates left Michigan Territory, Miss Hull 
 married an army officer. 51 
 
 While at Detroit Bates joined the Yorkist Rite Masons," - 
 and for many years he took an active interest in Masonry. 
 His heavy official duties apparently kept him from the prac- 
 tice of law, but he acted as counsel for Christian Clemens, 
 a captain of militia who was tried by court martial at De- 
 troit in the summer of 1806. 53 
 
 In November of that year, Bates left Detroit and went 
 to Washington via Pittsburgh,' 4 the purpose of his journey 
 
 49 Frederick Bates to Sally Bates, May 5, 1799. 
 
 so Anthony Ernest to Frederick Bates, December 1, 1808. 
 
 si Anthony Ernest to Frederick Bates, June 24, 1808. Aim Binney 
 Hull was born June 19, 1797. She married Captain H. H. Hickman of 
 the United States Army. She died December 25, 1847. I am indebted to 
 Milo M. Quaife for this information. 
 
 52 Statement of the Master Wardens and Secretary of Zion Lodge 
 No. 10, Ancient York Masons, Grand Lodge of Lower Canada. 
 
 53 Statement of the defense of Christian Clemens drawn by Frederick 
 Bates. 
 
 54 Frederick Bates to A. B. Woodward, December 3, 1806, Michigan 
 P. and H. Society, Collections, VIII, 557-558. 
 
18 The Life and Papers of Frederick Bates. 
 
 being to make a report of the land board. While in Wash- 
 ington, early in 1807 he was appointed secretary of Louis- 
 iana Territory, member of the board of land commissioners 
 for the territory, and recorder of land titles. Jefferson was 
 looking for a tried administrator for the important secre- 
 taryship in the vast region embraced in the territory. 
 Meriwether Lewis was slated for the governorship, but the 
 appointment was a reward for his work of exploration 
 rather than for his civil and political qualifications. Bates 
 expressed a feeling of delicacy about displacing the former 
 secretary, Dr. Joseph Browne, but was informed that 
 Browne was a brother-in-law of Aaron Burr, that he was 
 considered an unsafe man, and that his removal was inevit- 
 able. Bates was told that the administration felt that it 
 was necessary to have an official in Louisiana who was 
 above all suspicion of bias. With the full confidence of the 
 authorities at Washington, Frederick Bates entered upon 
 his duties at St. Louis. 55 
 
 When he arrived at his new post on April 1, 1807, 56 he 
 was confronted by a most difficult situation. To make his 
 position plain and to give a proper setting for the letters 
 and other papers, a brief resume of the events of three 
 troubled years seems necessary. 
 
 On October 31, 1803 congress passed a resolution which 
 vested all military, civil, and judicial powers in the vast 
 
 55 Edward Bates to C. I. Walker, February 10, 1859, Michigan P. and 
 H. Society, Collections, VIII, 563-564. I have been unable to ascertain 
 the exact date of Bates' appointment as secretary. His commission as 
 recorder of land titles was dated February 4, 1807. Lewis was appointed 
 governor on March 3, 1807. 
 
 56 Bates to Meriwether Lewis, April 5, 1807. For the period from 
 1807 to 1812 inclusive I am deeply indebted to Miss Georganne Tracy, 
 "Frederick Bates and his Administration of Louisiana Territory," Wash- 
 ington University, M. A. Thesis, 1925. 
 
Biography of Frederick Bates. 19 
 
 but indefinite domain acquired from France in such persons 
 and with such powers as the President might designate. In 
 fulfillment of the resolution Jefferson appointed Claiborne 
 governor with the powers previously held by the Spanish 
 governor-general and the intendant of Louisiana. 57 On 
 December 20, 1803 Louisiana was formally delivered to the 
 United States. 
 
 In regard to Upper Louisiana, before the transfer Jef- 
 ferson wrote, "My idea [is] that upper Louisiana should 
 be continued under its present form of government, only 
 making it subordinate to the national government and inde- 
 pendent of lower Louisiana." 58 But eight months after the 
 signing of the treaty with France, the Spanish flag was still 
 flying at St. Louis. In January, 1804 instructions were 
 sent to Captain Amos Stoddard to act as commissioner for 
 the French government to receive the territory, and to 
 represent the United States as agent to take over Upper 
 Louisiana and to exercise therein all the functions of the 
 Spanish commandants. 59 On March 8, 1804 the American 
 troops under command of Lieutenant Stephen Worrell, 
 accompanied by Captain Meriwether Lewis, who was pre- 
 paring for his western exploring expedition, were brought 
 across the Mississippi River and marched to the Govern- 
 ment House where Stoddard, acting in his dual capacity, 
 was received by Lieutenant-Governor Delassus. After 
 brief ceremonies, the transfers were made. 60 
 
 ^ Annals of Congress, 8 Cong., 1 Sess., 488-489, 497-498; ibid., 8 Cong., 
 2 Sess., Appendix, 1232-1233. 
 
 ss Jefferson to Gallatin, November 9, 1803, Jefferson, Writings (Ford, 
 ed.), X, 46. 
 
 59 Louis Houck, History of Missouri, II, 357-358. 
 
 go Ibid., II, 359-363. Frederick L. Paxson (History of the A mericun 
 Frontier, 1763-1893, p. 134) states erroneously that the transfer was made 
 to Lewis. 
 
20 The Life and Papers of Frederick Bates. 
 
 During the Spanish regime Upper Louisiana was under 
 a lieutenant-governor who was subject to the authority of 
 the governor at New Orleans. 61 The province was divided 
 into five administrative districts, St. Charles, St. Louis, Ste. 
 Genevieve, Cape Girardeau, and New Madrid, each having 
 a frontage on the Mississippi River and extending indefi- 
 nitely into the interior. At the time of the transfer Stod- 
 dard estimated the population at 10,340, of whom three- 
 fifths were " English- Americans, " and 1320 were slaves. 
 The investigations of Professor Viles show that he was 
 not far from the mark. 62 The St. Charles District was 
 mainly French, but a few Americans were living along the 
 Cuivre River, the Dardenne, and the creek bottoms near the 
 Mississippi and the lower Missouri. The St. Louis District 
 had received a considerable infiltration of Americans who 
 had settled on the Meramec and along the creek bottoms 
 near the great rivers. The town of St. Louis was mainly 
 French. The Ste. Genevieve District contained vast de- 
 posits of lead, and here Americans had come in large num- 
 bers, among them being Moses Austin. In the Cape Girar- 
 deau and New Madrid districts, Americans were in a ma- 
 jority. But at best the population was meager and widely 
 scattered, and its heterogeneous nature complicated the 
 problems of American officials. 63 
 
 Stoddard reappointed the Spanish commandants of the 
 
 <n After the establishment of the office of intendant at New Orleans, 
 that official exercised some vague authority over the lieutenant-governor 
 in the matter of land grants, but the intendant's power was never great 
 in Upper Louisiana. 
 
 «2Amos Stoddard, Sketches of Louisiana, 226. For a careful study 
 of the subject, see Jonas Viles, "Population and Extent of Settlement in 
 Missouri before 1804," in Missouri Historical Review, V, 189-213. 
 
 «3 For a convenient summary of the population distribution, see Car- 
 dinal Goodwin, The Trans-Mississippi West, 1803-1S53. pp. 74-79. 
 
Biography of Frederick Bates. 21 
 
 several districts as civil but not as military commandants, 
 and the officers of the various posts were retained. He 
 organized the militia. He did not interfere in the conduct 
 of the civil affairs of the country, his object being to con- 
 ciliate the old inhabitants, most of whom were strenuously 
 opposed to the change of government. 64 In a proclamation 
 issued on March 10, 1804 he stated that all public records, 
 especially those relating to land claims, must be surren- 
 dered to the United States for safe keeping, and that on 
 or before May 15 all original grants from the crown or from 
 those authorized by the crown to make grants must be 
 recorded in the proper offices, and that all original petitions 
 and the orders for surveys, whether the land had been peti- 
 tioned for or not, must be filed in the office of the district 
 commandant in which the land was situated. 65 This appar- 
 ently harmless order was a veritable Pandora 's box, for the 
 country was plastered with French and Spanish land 
 grants, many of which were fraudulent, or conflicting. 
 
 After a protracted debate, congress on March 26, 1804 
 passed the Louisiana Government Act by which the terri- 
 tory purchased from France was divided, the southern por- 
 tion being called the Territory of Orleans, while the region 
 north of the thirty-third parallel was to be known as the 
 District of Louisiana and for governmental purposes was 
 to be attached to Indiana Territory. 66 
 
 Under the provisions of this act, the executive power of 
 William Henry Harrison, Governor of Indiana Territory, 
 
 64 Houck, History of Missouri, II, 372; Frederick L. Billon, Annals 
 of St. Louis, 1764-1804, p. 364. 
 
 es Houck, History of Missouri, II, 374. 
 
 66 Everett S. Brown, Constitutional History of the Louisiana Purchase, 
 102. 
 
22 The Life and Papers of Frederick Bates. 
 
 was extended over the District of Louisiana, and the gov- 
 ernor and three judges were empowered to enact needful 
 laws for the District. The judges were to hold two terms 
 of court annually within the District. Land grants made 
 after the Treaty of San Ildefonso were declared void, with 
 the exception that grants to actual settlers made according 
 to the laws of Spain were not to be void if the grant had 
 been actually settled prior to December 20, 1803 and did 
 not exceed one square mile. 67 
 
 Governor Harrison and the three judges met at Vincennes 
 where they drew up a series of laws for the District. The 
 old Spanish local divisions were retained, but with more 
 carefully defined boundaries. For each local district a 
 commandant was provided, district courts of common pleas 
 and quarter sessions were established, and offices of 
 recorder and sheriff created. 6S 
 
 A simple code embracing laws for the punishment of cer- 
 tain crimes, establishment of minor courts, concerning 
 slaves, rates and levies, militia, and such other subjects as 
 called for immediate attention was drawn up. 09 
 
 On October 1, 1804 the governor and judges arrived in 
 St. Louis, and immediately appointed commandants for the 
 five districts : Samuel Hammond for St. Louis, Seth Hunt 
 for Ste. Genevieve, Return J. Meigs for St. Charles, Thomas 
 B. Scott for Cape Girardeau, and Pierre Antoine La Forge 
 for New Madrid. Courts of common pleas and quarter ses- 
 sions were also established in the various districts. 70 
 
 67 U. S., Statutes at Large, II, 283-288. 
 es Houck, History of Missouri, II, 378-379. 
 
 69 Laws of the District of Louisiana, Territory of Louisiana, Territory 
 of Missouri, and of the State of Missouri up to the Year 182.' h I, 15-65. 
 This will be cited henceforth as Mo. Territorial Laws. 
 
 70 Houck, History of Missouri, II, 382-385. 
 
Biography of Frederick Bates. 23 
 
 The attachment of the District of Louisiana to Indiana 
 Territory did not please the people and in September, 1804 
 a convention met at St. Louis for the purpose of drawing 
 up a petition asking for a separate territorial government. 71 
 The protest had the desired effect, for by an act approved 
 March 26, 1805 the District of Louisiana was separated 
 from the jurisdiction of Indiana Territory and the Terri- 
 tory of Louisiana was created. 72 The territory embraced 
 all of the Louisiana Purchase north of the thirty-third 
 parallel. On the north and west the boundaries were indefi- 
 nite. 73 The form of government was that of a territory of 
 the lowest grade. The executive power was vested in the 
 governor who was appointed by the President and was to 
 hold office for three years. He was to be commander-in- 
 chief of the militia, and superintendent ex-officio of Indian 
 affairs. He was to appoint and commission militia officers 
 below the rank of general officers, could grant pardons and 
 reprieves subject to the approval of the President, could 
 divide the territory into districts where the Indian titles 
 had been extinguished, and could appoint magistrates for 
 civil and military purposes. 
 
 The act provided that i ' There shall be a secretary whose 
 commission shall continue in force for four years, unless 
 sooner revoked by the President of the United States, who 
 shall reside in the said territory, and whose duty it shall 
 be, under the direction of the governor, to record and pre- 
 serve all the papers and proceedings of the executive, and 
 all the acts of the governor and of the legislative body, and 
 
 ii Ibid., II, 388-391. 
 ?a U. S., Statutes at Large, II, 331. 
 
 73 Thomas M. Marshall, History of the Western Boundary of the 
 Louisiana Purchase, 9-14. 
 
24 The Life and Papers of Frederick Bates. 
 
 transmit authentic copies of the same every six months, to 
 the President of the United States. In case of a vacancy 
 of the office of governor, the government of the said terri- 
 tory shall be exercised by the secretary." 
 
 The legislative power was vested in the governor and 
 the three territorial judges, or a majority of them. The 
 judges were to hold office for four years and in addition to 
 their legislative duties were to hold two courts annually 
 within the territory. 74 
 
 Under this form of government, during the absence of 
 the governor the secretary became a very important 
 official. Vested with the powers of a territorial governor 
 in addition to those of the secretary, if he were a forceful 
 person and had the confidence of the federal authorities, 
 he was in a position to exercise practically autocratic 
 powers. During the winter he might be out of touch with 
 Washington for many weeks at a time. The difficulty of 
 communication and the long distance from the seat of the 
 national government increased the power of the frontier 
 executive, who, free from dictation, had for long periods 
 a free hand in the exercise of vast powers. 
 
 Jefferson appointed General James Wilkinson governor 
 of the newly created territory. Wilkinson was a Revolu- 
 tionary War veteran. After the War he became identified 
 with the politics of Kentucky where his course was one of 
 double-dealing, and intrigue with the Spaniards. After 
 the death of General Wayne he became the ranking officer 
 in the Army. He was associated with Claiborne as commis- 
 sioner to receive Louisiana from the French. Little did 
 Jefferson suspect that he was appointing to the important 
 
 74 U. S., Statutes at Large, II, 331-332. 
 
Biography of Frederick Bates. 25 
 
 office of Governor of Louisiana Territory an unscrupulous 
 intriguer who was ever ready to sell his country's secrets 
 for Spanish gold. 75 The President appointed Joseph 
 Browne of New York, a brother-in-law of Aaron Burr, sec- 
 retary, and John B. C. Lucas, John Coburn, and Rufus 
 Easton, judges. 76 
 
 Not long after his administration began, Wilkinson 
 became involved in the Burr conspiracy. On April 29, 1805 
 Burr reached Pittsburgh where arrangements had been 
 made for "Wilkinson to join him. When Wilkinson failed 
 to appear, Burr left a letter for him and continued his 
 journey. But at Fort Massac Wilkinson overtook Burr. 
 We have no definite knowledge of the interview, but from 
 subsequent events McCaleb seems justified in his statement : 
 "No doubt the whole situation was canvassed, the prob- 
 ability of war with Spain ; the ease with which the Floridas 
 might be overrun ; the matter of the equipping of an army 
 which should sail for Vera Cruz to light the torch of insur- 
 rection in Mexico." After giving Burr a letter to Daniel 
 Clark, an influential citizen of New Orleans, Wilkinson went 
 to St. Louis where he "approached Majors Bruff and 
 Hunt . . . , Timothy Kibby, John McKee, and others 
 with propositions varying from the conquest of Mexico to 
 the establishment of a military empire in Louisiana as a 
 consequence of anarchy in the Eastern States, growing out 
 of the rule of Democracy. ' m Among the prominent men in 
 
 75 1. J. Cox, "General Wilkinson and his Spanish Intrigues," in The 
 American Historical Review, XIX, 794-812; McCaleb, The Aaron Burr 
 Conspiracy, 105-171; Marshall, History of the Western Boundary of the 
 Louisiana Purchase, 27-31. 
 
 76 Houck, History of Missouri, II, 401. 
 
 77 McCaleb, The Aaron Burr Conspiracy, 24-28. According to Houck, 
 (History of Missouri, II, 402) Burr paid a secret visit to St. Louis to see 
 
26 The Life and Papers of Frederick Bates. 
 
 Louisiana Territory who became Burrites were John Smith 
 T and Henry Dodge. 78 
 
 Soon the inhabitants of the territory wore divided into 
 two great parties, those favoring Wilkinson and those 
 opposed to him. The opposition charged the governor with 
 improper interference with the board of land commis- 
 sioners, with keeping the territory under military rule, with 
 antagonism to American settlers and favoritism to the rich 
 French land holders, with antedating land grants, and with 
 being a royalist, federalist, and a Burrite. Such men as 
 Easton, Hempstead, Lucas, and Hammond were opposed 
 to the governor. Jefferson was bombarded with letters 
 advising his removal. 79 But Wilkinson did not lose the 
 confidence of the administration. On May 6, 1806 he was 
 ordered to Orleans Territory to handle the difficult situa- 
 tion which had arisen over the attempt of Spain to confine 
 the Louisiana Purchase to as narrow limits as possible. 
 This was the period when Burr's famous expedition was 
 in preparation, and Wilkinson delayed his departure for 
 some time, the probable cause of the delay being to await 
 the development of the Burr enterprise. 80 With the depar- 
 ture of Wilkinson, Secretary Joseph Browne became acting 
 governor, but his family connection with Burr made him 
 seem undesirable to Jefferson. After an uneventful admin- 
 istration of seven months he gave way to Frederick Bates. 
 
 Bates arrived at St. Louis on April 1, 1807. 81 As Gov- 
 
 his brother-in-law, but this seems improbable in the light of McCaleb's 
 findings. 
 
 78 Louis Pelzer, Henry Dodge, 19. 
 
 79 Houck, History of Missouri, II, 404-408. 
 
 so For Wilkinson's subsequent acts and his betrayal of Burr, see 
 Marshall, History of the Western Boundary of the Louisiana Purchase, 
 29-31. 
 
 si Bates to Lewis, April 5, 1807. 
 
Biography of Frederick Bates. 27 
 
 ernor Lewis did not appear until March 8, 1808, S2 for nearly 
 a year the secretary exercised the functions of the chief 
 executive of the territory. 83 During this period Bates dealt 
 firmly and justly with the factional leaders. He attached 
 himself to no political clique. In the turbulent Ste. Gene- 
 vieve District where vast lead deposits were located, he 
 attempted to bring order and to stop the encroachment of 
 land grabbers and speculators. He removed John Smith T 
 from his office of judge of the court of common pleas and 
 quarter sessions of the district, and he partially checked 
 the operations of Smith and the former secretary, Browne, 
 in their unscrupulous grabbing of mineral lands. 
 
 The strained relations with England at this time made it 
 necessary to prepare for war. Acting upon orders from 
 Washington, Bates, with the assistance of William Clark, 
 who had been appointed Brigadier-General of the Militia 
 of the Territory of Louisiana, reorganized the militia. The 
 rumors of a combination of Indian tribes fostered by 
 British fur traders caused Bates to send confidential agents 
 among the tribes to ascertain the truth, and though he did 
 not credit the rumors, he hastened the military prepara- 
 tions, at the same time doing all that was in his power to 
 tranquillize the public mind. Knowing that the Chouteaus 
 wielded great power among the Osages, he tactfully won 
 the support of both Auguste and Pierre Chouteau. The 
 acting-governorship carried with it the superintendence of 
 
 82 Bates to Joshua Humphreys, March 20, 1808. Houck (History of 
 Missouri, II, 409) was in error when he stated that Lewis arrived in St. 
 Louis in July, 1807. 
 
 83 From this point it has seemed unnecessary to annotate the Intro- 
 duction fully, as the Bates papers in the body of the text furnish most 
 of the evidence on which the conclusions are based. When other material 
 is drawn upon, the authorities will be cited. 
 
28 The Life and Papers of Frederick Bates. 
 
 Indian affairs. In this capacity Bates superintended the 
 trade with the tribes. In the granting of licenses, in han- 
 dling the Osage situation, in dealing with the factors at 
 the government trading stations, and in checking the influ- 
 ence of British traders, he displayed the soundness of 
 judgment which in fact characterized his entire adminis- 
 tration. In only one instance did he err seriously, and 
 that was in trusting Robert Dickson, a trader who was 
 pro-English in sympathy, and who, during the War of 
 1812, did untold damage to the United States. 84 
 
 When Bates arrived in the territory he found that the 
 codes of Governors Harrison and Wilkinson were badly 
 drawn, and needed to be revised and supplemented. His 
 experience as a judge in Michigan Territory had fitted 
 him admirably for this work. With the judges he cooper- 
 ated in the revision, and the excellence of the new code 
 is in large part to be credited to him. In 1808 he pub- 
 lished a compilation of the laws of Louisiana Territory, a 
 volume which has the distinction of being the first book 
 published within what is now the state of Missouri. 85 
 
 In appointing people to office Bates followed one guid- 
 ing principle. Merit alone weighed with him. In a terri- 
 tory torn by faction and containing the lawless elements 
 which are invariably found on the frontiers, it was fre- 
 quently difficult to find men who were trustworthy and 
 efficient. In this regard Bates used rare discretion. He 
 made appointments with deliberation, and, when his mind 
 
 84 For an account of Dickson, see Ernest A. Cruikshank, "Robert 
 Dickson, the Indian Trader," in Wisconsin Historical Collections, XII, 
 133-153. 
 
 ss The Missouri Historical Society possesses a copy of this rare 
 volume. 
 
Biography of Frederick Bates. 29 
 
 was once made up, his judgment of men appears to have 
 been almost unerring. When he handed over the reins 
 of government to Lewis, the governor found his subor- 
 dinates honest, loyal, and more than usually efficient. 
 
 Another sphere of Bates' activity was the settlement 
 of land claims. The first board of land commissioners 
 appointed by Jefferson for Louisiana Territory was com- 
 posed of J. B. C. Lucas, James L. Donaldson, and Clement 
 B. Penrose. At the time that Bates was appointed secre- 
 tary, he was also appointed recorder of land titles and a 
 member of the board of land commissioners, in the latter 
 capacity succeeding Donaldson. 
 
 The board had to do with an exceedingly difficult situa- 
 tion. It was charged that, during the interim between the 
 news of the sale of Louisiana and the American occupa- 
 tion, speculators had secured large land concessions by 
 fraudulent means, especially by antedating of grants and 
 by enlargement of grants which were otherwise legal. To 
 see that justice was done, that the fraudulent grants were 
 annulled, and that legal grantees were allowed to keep 
 their holdings required honest, fair-minded, and fearless 
 men, versed in the law. For nearly five years the board 
 struggled with the problems. 86 
 
 In the collection of evidence Bates made extensive jour- 
 neys. In 1808 he visited the Arkansas country, his journey 
 being over a thousand miles in length. At first the board 
 held its meetings every third day, but the slowness of its 
 progress annoyed Bates and he succeeded in getting the 
 members to meet daily. In spite of this the work did not 
 proceed with the rapidity desired by Gallatin, the secre- 
 
 ss Houck, History of Missouri, III, 34-51. 
 
30 The Life and Papers of Frederick Bates. 
 
 tary of the treasury, who failed to appreciate the difficul- 
 ties of the work. At times the members of the board were 
 not in accord, and occasionally serious disagreements 
 threatened to disrupt it, but these were invariably healed. 
 By the summer of 1811 the commissioners were nearing 
 the end of their labors. In January, 1812 the report was 
 completed and was entrusted to Penrose for conveyance 
 to Washington. In the course of their deliberations the 
 commissioners had passed on about three thousand claims, 
 and had issued certificates of title to thirteen hundred and 
 forty-two claimants. 87 The commissioners also presented 
 a report on lead mining and saline claims. 88 
 
 Soon after the arrival of Governor Lewis, the chief 
 executive and the secretary were in disagreement, espe- 
 cially in regard to appointments and Indian policy. To his 
 brother Eichard he wrote on April 15, 1809, "We differ 
 in everything; but we will be honest and frank in our 
 intercourse. I lament the unpopularity of the Governor; 
 but he has brought it on himself by harsh and mistaken 
 measures. He is inflexible in error, and the irresistible 
 Fiat of the People, has, I am fearful already sealed his 
 condemnation." Apparently the governor was suspicious 
 of the popular secretary and fearful that Bates was at 
 the head of a party whose object it was to bring about 
 his dismissal. Bates frankly told Lewis that he did not 
 agree with his policies, but that he had no desire to dis- 
 place him. 
 
 On September 4, 1809 Lewis started for the East, leaving 
 Bates once more as acting-governor. On October 11, 1809 
 the life of Lewis came to an untimely end. That the death 
 
 87 The report is in Am. State Papers, Public Lands, II, 383-603. 
 zs Ibid., Ill, 575-603. 
 
Biography of Frederick Bates. 31 
 
 of the governor did not awaken a feeling of sorrow in 
 the secretary is not surprising in the light of their inhar- 
 monious relations. Bates' choice for the governorship 
 was Judge Coburn, but the authorities at Washington 
 thought otherwise. The office was given in the spring of 
 1810 to Benjamin Howard, of Kentucky. He came to St. 
 Louis in the fall but remained only a short time and did not 
 return until the summer of 1811. Thus for nearly two years 
 Bates was again acting-governor. In the spring of 1811 his 
 term as secretary expired and his commission of reappoint- 
 ment failed to arrive, being delayed for several months in 
 transit. Although the newspapers announced his reap- 
 pointment, Bates felt that he had no legal authority to act 
 until he had received official notification, and for several 
 weeks official business was at a standstill. With the arrival 
 of the commission, he again took up the duties of his office. 
 
 During his second acting-governorship the most difficult 
 problems which Bates had to solve were those concerning 
 the lead mines. During the administration of Lewis gov- 
 ernmental vigilance had relaxed and speculators had suc- 
 ceeded in getting control of valuable properties without 
 governmental sanction. Of these speculators the most 
 flagrant violator of the law was John Smith T whose 
 hatred for Bates eventually culminated in a challenge to 
 a duel, which the secretary very properly refused to 
 accept. Bates was ever vigilant in his protection of the 
 interests of the government. The papers give ample 
 testimony that he granted leases without fear or favor, 
 and fought relentlessly the unscrupulous and rapacious 
 speculators who prej^ed upon the public domain. 
 
 In his handling of the Indian problem Bates sought to 
 
32 The Life and Papers of Frederick Bates. 
 
 undo the policy of Lewis, who had placed restrictions upon 
 the trade with the tribes, restrictions which led to much 
 friction with the merchants and tended to alienate the 
 Indians. In the granting of trading licenses he pursued 
 a more liberal policy than had his predecessor. The 
 northern frontier, where the British merchants worked 
 among the tribes, presented a constant threat of war. 
 Bates was thoroughly alive to the situation. He strength- 
 ened the militia, and kept in close touch with the officers 
 at the frontier posts, and with the traders, superintend- 
 ents, and agents who came in direct contact with the 
 tribes. 
 
 To Bates fell the task of superintending the taking of 
 the 1810 census. The work was attended to with metic- 
 ulous care, the result being that the census report for 
 Louisiana Territory for that year is more trustworthy on 
 frontier conditions than are most census reports. 
 
 By an act of congress of June 4, 1812 the Territory of 
 Louisiana became Missouri Territory, the new territory 
 being raised to the second grade of territorial government. 
 The executive power was still vested in a governor 
 appointed by the President; the status of the secretary 
 remained unchanged; but the legislative power was vested 
 in a bicameral body called the general assembly, composed 
 of a legislative council and a house of representatives. 89 
 The territory was also given a congressional delegate, 
 Edward Hempstead being the first one to hold the office. 90 
 Governor Howard continued in office, as did Bates. On 
 October 1, 1812 the governor issued a proclamation divid- 
 
 sa U. S., Statutes at Large, II, 743-747. 
 
 so The Hempstead papers are in the possession of the Missouri His- 
 torical Society. 
 
Biography of Frederick Bates. 33 
 
 ing the territory into five counties, the original counties 
 having practically the same boundaries as the former five 
 districts, with the exception that the four counties south 
 of the Missouri River were bounded on the west by the 
 western boundary of the Osage Purchase. 91 
 
 Governor Howard remained in office but a few months 
 after the outbreak of the War of 1812, resigning to accept 
 the office of brigadier-general in the United States Army. 92 
 For the last time Bates became acting-governor. It was 
 a period when troops were being equipped for service 
 along the Missouri-Illinois border, where Indian depreda- 
 tions endangered the outlying settlements. 93 As acting- 
 governor Bates' chief concern was the provisioning of the 
 various military units. On June 3, 1813 he issued a proc- 
 lamation calling the general assembly to meet on the first 
 Monday in the following month. But in July Governor 
 William Clark's administration began, and Bates for the 
 last time stepped down from the acting-governorship. 
 
 Until the close of the War of 1812 Bates was engaged 
 with the routine duties of the offices of secretary and 
 recorder of land titles. In December, 1815 he was in 
 Washington on important government business. The 
 depredations of the Indians during and immediately after 
 the war had caused immense damage, and to Bates was 
 entrusted the investigation of the losses. After carefully 
 
 si Am. State Papers, Miscellaneous, II, 202. For the Osage Purchase, 
 see Charles C. Royce, Indian Land Cessions of the United States, Bureau 
 of Ethnology, Eighteenth Annual Report, II, plate 37. 
 
 92 His commission was issued March 12, 1813. 
 
 93 Ninian W. Edwards, History of Illinois from 1778 to 1833, and Life 
 and Times of Ninian Edwards, 65-72, 323-348; Clarence W. Alvord, The 
 Illinois Country, 1673-1818, pp. 440-447; James H. Perkins, Annals of the 
 West, 730-741. 
 
34 The Life and Papers of Frederick Bates. 
 
 collecting evidence, he made an extended report to . the 
 secretary of war. 91 While in Washington he was no doubt 
 consulted regarding land questions, for on February 2, 
 1816 he submitted to Josiah Meigs, the commissioner of 
 the general land office, a report on claims in Missouri 
 Territory entered under the act of June 13, 1812 and 
 proven before January 1, 1814, and on confirmations made 
 under the act of April 12, 1814. 95 On March 17, 1816 
 Bates submitted a detailed criticism of pending land legis- 
 lation to the congressional committee on public lands. In 
 his capacity as recorder of land titles, he also acted as 
 commissioner in the settling of lead mine and saline 
 claims. 96 
 
 In the long period of his occupancy of the office of 
 recorder of land titles, Bates appears to have had the full 
 confidence of his superiors at the seat of government. 
 Only one reversal of his recommendations has come to 
 light; namely his recommendation regarding a grant held 
 by James Mackay which was not sustained by the con- 
 gressional committee on private claims. 97 Bates continued 
 as secretary of Missouri Territory until the organization 
 of the state of Missouri, and remained in the office of 
 recorder of land titles until his election to the governor- 
 ship of the state in 1824. 
 
 In the summer of 1814 Frederick Bates was joined by 
 Edward, his youngest brother, who soon entered the law 
 
 94 Messages and Proclamations, I, 86. 
 
 95 Am. State Papers, Public Lands, III, 274-330. The report also 
 covered claims in the District of Arkansas, then a part of Missouri Ter- 
 ritory, proven up to July 1, 1814. 
 
 96 For Bates' report of November 20, 1816, see Am. State Papers, 
 Public Lands, III, 604-608. 
 
 97 ibid., Ill, 360-362, 370. 
 
Biography of Frederick Bates. 35 
 
 office of Rufus Easton. Two years later Edward was 
 admitted to the bar, and in 1818 Governor Clark appointed 
 him attorney-general of the territory. In 1820 he was a 
 member of the Missouri constitutional convention and in 
 1821 Governor McNair appointed him attorney-general of 
 the state, a position which he soon resigned to make way 
 for Rufus Easton. In 1822 he was elected to the lower 
 house of the legislature and in 1824 President Monroe 
 appointed him United States Attorney for the Missouri 
 District. The younger brother was thus well on his way 
 toward the exalted position which he eventually attained 
 as attorney-general in the Lincoln cabinet. 98 
 
 The brothers had attained a very high place in the 
 respect and affection of the people of Missouri ; they num- 
 bered among their intimate friends the foremost men of 
 the progressive frontier state, a state which was receiving 
 within its borders thousands of settlers every year. Most 
 of the newcomers made homes in the rich bottom lands 
 of the Missouri, but every river valley was the scene of 
 land clearing and home building. The older communities 
 along the Mississippi dominated the political situation in 
 the early twenties, but within less than a decade the back 
 country was to become a powerful factor in the politics of 
 the state. In a frontier region such as Missouri was, 
 federalism and Jeffersonian republicanism had not taken 
 deep root. The breakdown of the old parties destroyed 
 the meagre remnants of old alignments, and it was not 
 until Jacksonian democracy with its cry of corrupt bar- 
 gain swept the West that distinct national parties devel- 
 
 98 For an excellent short biography of Edward Bates, see William F. 
 Switzler, "Lincoln's Attorney-General," in Onward Bates, Bates, et al. 
 of Virginia and Missouri, 25-29. 
 
36 The Life and Papers of Frederick Bates. 
 
 oped in Missouri. During the period from 1821 to 1825 
 the political questions were mainly local, and personalities 
 rather than principles were determining factors." 
 
 Among the prominent men of the period were the Bar- 
 tons. David Barton and his brother Joshua came to St. 
 Louis in 1812 and began the practice of law. The Bartons 
 and the Bates brothers became fast friends, Joshua Bar- 
 ton and Edward Bates becoming associated in the prac- 
 tice of law. In September, 1820 Joshua Barton urged 
 Frederick Bates to become a candidate for the office of 
 United States senator, but he did not see fit to enter the 
 political arena at that time. Thomas Hart Benton and 
 David Barton were elected as the first United States sen- 
 ators from Missouri. 100 
 
 Frederick Bates was a thrifty person who attended 
 strictly to business. He invested most of his savings in 
 land, and benefited materially by the rise of prices which 
 came with the influx of settlers. But in spite of his assured 
 position and growing estate he remained a bachelor until 
 1819. On March 4 of that year he married Nancy Opie 
 Ball, a daughter of Colonel John S. Ball of St. Louis 
 County. 101 After the marriage Bates and his bride made 
 
 9 J > Edward Bates in an "Address to the People of Missouri," (Missouri 
 Intelligencer, June 29, 1826) said, The "very land-marks of the Repub- 
 lican party have been removed, and there remains nothing of what was 
 once a great question of principles, but a disgraceful contest about men. 
 In such contests, I desire to mingle as little as possible, and very em- 
 phatically say, I belong to no party." For several of the above general- 
 izations I am indebted to Margaret B. Herzer, "The Whig Party in Mis- 
 souri, 1828-1831," Washington University, M. A. Thesis, 1922. 
 
 100 Joshua Barton was killed in a duel in 1823. 
 
 ioi She was born on April 19, 1802, in Lancaster County, Virginia. 
 Her father commanded a Virginia regiment at Fort Henry near Baltimore 
 when it was bombarded by the British. He brought his family to St. 
 Louis County about 1815 and engaged in farming. He served one term 
 
Biography of Frederick Bates. 37 
 
 their home at ' ' Thornhill, ' ' an estate of a thousand acres 
 in Bonhomme Township near the modern town of Chester- 
 field. The house with its broad front and high portico 
 was of the type with which Bates was familiar in his boy- 
 hood days in Virginia. 102 At "ThornhiH" their children 
 were born. The eldest, Emily Caroline, was born Jan- 
 uary 5, 1820. She married Eobert A. Walton and became 
 the mother of eight children. The second child of Fred- 
 erick Bates, Lucius Lee Bates, was born March 18, 1821. 
 To his daughter, Lucia Lee Bates, we owe the preserva- 
 tion of most of the Bates papers. The third child, Wood- 
 ville, was born on February 1, 1823, and the fourth, Fred- 
 erick, saw the light on February 1, 1826, nearly six months 
 after the death of his father. 103 
 
 In 1824 Bates entered the race for the governorship. The 
 rival candidate, William Henry Ashley, was a dangerous 
 opponent, for he was versed in politics, having been 
 elected lieutenant-governor of Missouri in 1821. His 
 career in the mining region, as an army officer, and as a 
 fur trader appealed to the imagination of the frontiers- 
 men. In the campaign "Ashley's friends made much of 
 the romantic character of his business, and his ambitious 
 enterprise in pushing the trade into the unknown wilds 
 of the far West." The old residents who knew Bates' 
 sterling qualities supported him, while the recent settlers 
 
 in the state legislature. About 1827 he became a Presbyterian minister 
 and was one of the founders of the Presbyterian church at Troy, Missouri. 
 He died April 12, 1849. On February 3, 1831 Mrs. Frederick Bates mar- 
 ried Dr. Robert C. Rubey. She died on March 16, 1877. I am indebted 
 to Miss Lucia Lee Bates for the above information, which is based upon 
 the record in the family Bible and upon a sketch of the life of Colonel 
 Ball written by Lucius Lee Bates, the son of Frederick Bates. 
 
 102 Messages and Proclamations, I, 75. 
 
 103 Onward Bates, Bates, et al. of Virginia and Missouri, 23, 24. 
 
38 The Life and Papers of Frederick Bates. 
 
 favored Ashley. After a spirited contest Bates was 
 elected as the second governor of the state of Missouri, 
 succeeding Alexander McNair. 104 
 
 When Frederick Bates entered upon his term of office 
 the capital of the state was St. Charles. There in a tav- 
 ern-like structure the legislators, most of whom wore 
 homespun and caps made of coon or wildcat skins, assem- 
 bled. 105 On November 17, 1824 the governor delivered a 
 brief inaugural address, in which he emphasized the 
 ancient principles of English liberty, tnat justice should be 
 accessible to all and should not be delayed. 106 
 
 Bates' administration is remembered chiefly because of 
 two acts: his veto of a bill to prevent dueling, and his 
 refusal to receive Lafayette officially when he visited St. 
 Louis. Bates abhorred dueling; his brother Tarleton had 
 met his death in a duel; he himself had been challenged 
 by John Smith T; and Edward Bates' law partner had 
 been killed in a duel. But Bates considered the remedy 
 proposed by the bill as a greater evil than dueling. "With 
 as sincere a disposition as any man feels for the suppres- 
 sion of this practice, I cannot give my consent to the 
 employment of torture as the proper correction — and 
 perhaps the lash is the last description of corporal chas- 
 tisements which ought to be resorted to. ' n07 
 
 When it became known that Lafayette would pay a visit 
 to St. Louis in April, 1825, Bates informed the legislature 
 of the fact; but that body made no appropriation to cover 
 
 104 Harrison C. Dale, The Ashley-Smith Explorations and tlie Discov- 
 ery of a Central Route to the Pacific, 1822-1829, pp. 172-173. 
 
 ioo For a picture of the temporary capitol at St. Charles, see Walter 
 B. Stevens, Centennial History of Missouri, II, 475. 
 
 106 Messages and Proclamations, I, 78-81. 
 
 lor ibid., I, 82-83. 
 
Biography of Frederick Bates. 39 
 
 the expense of entertaining the distinguished guest. The 
 St. Louis committee hoped for state aid, but Bates held 
 that the entertainment must not be of an official nature. 
 To emphasize his point of view he absented himself and 
 in a written explanation said, "As an individual it would 
 be altogether immaterial whether I kissed the hem of his 
 garment or not — As Governor of the State I shall not 
 wait on him since the Genl. Assembly had not thought 
 proper to give the first impulse. It has however been sug- 
 gested that he may personally take it into his head to 
 search me up, either at St. Chs, or on the hills of Bon 
 Homme. He would find me at neither place, — for I have 
 long since promised my family to visit some friends about 
 that time." 108 Lafayette paid his visit and was lavishly 
 entertained, but true to his word the governor was not 
 present. 
 
 Frederick Bates did not live out his term of office. On 
 August 4, 1825 he died of pleurisy. He was buried in 
 the family plot at Thornhill. 109 After a long study of his 
 papers, the writer of this sketch feels that Edward Bates 
 gave a just estimate of his brother when he wrote, 
 "F[rederick] B[ates] was a man naturally of good parts, 
 far above mediocrity, and by life long practice, methodical 
 and exact in business. A constant and observant reader, 
 well versed in the English classics ; not ignorant of French 
 literature; and a good historian of all times. He was no 
 public speaker, having never practiced, but his powers of 
 conversation were somewhat remarkable — fluent always, 
 sometimes brilliant, and generally, at once, attractive and 
 
 los Stevens (Centennial History of Missouri, II, 477-478), quotes the 
 entire letter. 
 
 109 Messages and Proclamations, I, 77. 
 
40 The Life and Papers of Frederick Bates. 
 
 instructive. He was a very ready writer, using some 
 diversity of style, but generally clear, terse and pungent. 
 His habits were very retired, perhaps censurable recluse. 
 His friendships few, but strong and abiding." 110 
 
 no Michigan P. and H. Society, Collections, VIII, 563-564. 
 
PART 1 
 The Detroit Period 
 
THE DETROIT PERIOD 
 
 TO THOMAS FLEMING BATES 1 
 
 Pkesqtj' Isle Fort, Octo. 21st. 1797. 
 My Dear Father, 
 
 I arrived at this place from Pittsburgh on the 18th inst. 
 My pay and rations commenced on the 10th and [I am stay- 
 ing] in the Garrison, in the house of Mr. Sydnor, from 
 [whom I have received] every mark of friendly attention. 
 I find that I am [in some res]pects calculated to meet the 
 occasional frowns of adversity [with] fortitude. Such 
 however as I have as yet experienced, have been trifling 
 in their nature and transitory in their duration. I seldom 
 had company on the road from Belmont to Pitt, yet my 
 imagination was ever on the wing. The beautiful, the 
 promiscuous piles of mountains in Culpepper afforded the 
 most exquisite delights ; The Clouds reclined on their lofty 
 summits with recumbent ease, and every valley presented 
 the astonished eye with fertile meadows in excellent culti- 
 vation. On the Sunday evening after my departure, 
 found myself at the Tavern of Maj Hand, at Chester's Gap 
 in the blue Eidge, and dined in Winchester on the succeed- 
 ing day. This Town contains a great variety of industrious 
 Mechanics, whom the allurements of pleasure and the 
 attractions of fashionable vice have not yet been able to 
 
 i Unless otherwise indicated, the writer of the letter was Frederick 
 Bates. 
 
 (43) 
 
44 The Life and Papers of Frederick Bates. 
 
 intice from their labour and prudent oeconomy. I staid 
 here a day to refresh myself and hear the pleadings in the 
 District Court, when I again went forward, and alighted 
 about twilight at a decent Log house, which promised — 
 if not sumptuous, at least wholsome entertainment. My 
 Land lord, rendered venerable by age met me at the 
 Threshold, and enquired the place of my nativity and of 
 my destination. Instead of treating him as I ought — I 
 candidly answered the interrogatory. He then said it was 
 impossible such a youngster, such a stripling as myself 
 could have business so far from home and added that I 
 must be a Runaway. . . . 2 I expostulated. ... I 
 produced my recommendations, delivered my pistol and 
 calmed his apprehensions, by a candid disclosure of my 
 situation. Was afterwards treated with the most studied 
 politeness. I then reflected that it might have been worse 
 had I resented his insolence and left the house, perhaps to 
 lodge in the fields. — The accommodations on the Allegheny 
 are for the most part very good : — The country from Pitt 
 to this place is no better than a wilderness, a Bed can never 
 be expected neither can a horse be fed farther from Pitt 
 than sixty miles. I thought myself happy in getting a fire 
 before which I could sleep on my saddle-blanket and great 
 Coat. I slept one night in that situation by the side of two 
 Indians. — The night before my arrival here was be- 
 nighted. — The Roads two feet deep with mud — The hand 
 could not be seen when placed before the eyes, and to 
 complete the misfortune, it rained with incessant violence. 
 We could go no farther, — a fire was raised with difficulty, 
 our horses almost famished were confined to the Bushes, 
 
 - The dots here indicate mutilations in the manuscript. 
 
The Detroit Period. 45 
 
 and ourselves emaciated with fatigue and want of food 
 waited with impatience for returning day. I have thought 
 of going to fort Erie on Tuesday about 120 miles out of my 
 way, as the probability is greater of getting a passage to 
 Detroit than from this place. Was, the Day before yester- 
 day on the Peninsula, to gather Cranberries which grow 
 there in great abundance. 
 
 Remember me to my mother, brothers and sisters in the 
 tenderest terms and believe me Dear Father Your very 
 affectionate son. . . . 
 
 [P. S.] I informed you from Pittsburgh that my Leg 
 was perfectly well. — I have now every reason to believe it 
 is as sound as the other. — Am in perfect health, strong, 
 vigorous and active from exercise. 
 
 TO MISS SAEAH (SALLY) BATES 
 
 Detroit May 5th 1799. 
 My dear Sister, 
 
 After closing my letter to Richard I recollected that I 
 ought not to neglect writing to you, by the present favor- 
 able opportunity, as the Regimental Pay Master, Lt. 
 Thompson, 3 will give them a safe conveyance to Pitts- 
 burgh. — Still my dear Sally I have nothing to tell you, 
 unless to repeat those vows of unalterable affection, which 
 I have so often made. Can I never expect to hear from 
 you, except at second hand. I sometimes see your name in 
 the letters of my amiable and worthy little Correspondent. 
 But there the whole family send their loves to me in a 
 
 s David Thompson. 
 
46 The Life and Papers of Frederick Bates. 
 
 bundle. It has too much the appearance of a thing of 
 course, — I should wish to hear from you individually. 
 Indeed you do not consider my situation. It has been a 
 length of time since I saw the human being, who has the 
 smallest interest in my welfare. When I meet with those 
 little rubs and cross accidents, from which I never ever 
 expected an exemption I must submit to them in silence. 
 What relief ! had I a Friend to whom I might impart them, 
 and who would assist me to support their burthen. Before 
 I knew the value of a friend, I estimated too lightly thac 
 harmony & affection, which ought to subsist between per- 
 sons deriving their existence from the same source. I 
 experience a kind of gloomy happiness, when thinking on 
 those Scenes of youthful pleasure, which nothing but fancy 
 can enjoy. Every object which then surrounded me, 
 appears now replete with beauties. Even the sandy road 
 in which we trudged to School together, has something in 
 [it] inexpressibly charming. Yet they shine with borrowed 
 lustre ; It is you — It is the Belmont family which bestows 
 on them, their pleasing attractions. — 
 
 I make but little progress among the french Girls. They 
 are not very apt to think favorably of the Americans. — 
 They think them a rough unpolished, brutal set of people. 
 The pleasure of walking on a Sunday evening, is almost 
 counterbalanced by the trouble attendant on that parade 
 & ceremony with which the salutations of the French must 
 be returned. — The Miss Grants daughters of the Commo- 
 dore of the British Squadron on the upper Lakes, are the 
 finest girls in this country. — Their mother is a Canadian, 
 and they are Roman Catholics. Last Christmas I went 
 early to the midnight mass, and seated myself in their 
 Pew. — They came, and with the most obliging good nature, 
 
The Detroit Period. 47 
 
 requested me to make room, — I rose — apologised for my 
 intrusion — & seated myself in the Pew next them. — 
 Determined to be diverted at my expence, they beckoned 
 to me as many as three times, to move, as I was in the seat 
 of a lady who was coming in. — After mass, I remonstrated 
 with them on their cruelty in taking such pleasure in my 
 embarrasment. They thought it a cruelty, which they 
 might very innocently exercise. — Their father altho ' in 
 the British service lives on this side the Strait, about 
 twelve miles above town on one of the best Farms in the 
 Country. Their mother (which is a singular circumstance 
 among French Ladies) superintends the farm, the produce 
 of which, supports the Family very decently. The old 
 Gentleman's salaries as Commodore and privy Counsellor, 
 are funded, as portions for the girls. — 
 
 A young fellow and myself once went into the Pew of 
 Miss Navarre. 4 — When we left it, she came in, and 
 smeared her muslin, with a little Tobo. juice, which we had 
 very impolitely left on the bench, on which she performed 
 her genuflexions. She afterwards told an acquaintance of 
 ours, that she thought Mr. Wallace and Mr. Ernest's 
 brother, had more ill-manners & less decency than even 
 the Yankies generally had. — On public occasions, at the 
 Balls, the French Girls, will not be acquainted with you. 
 Altho' they may understand English, they will speak to 
 you in French. I cannot attribute it to modesty for I have 
 known their conduct intirely incompatible, with that use- 
 less incumbrance. 
 
 Upon the whole I think favorably of them: Those in 
 good circumstances are remarkably neat, both in their 
 
 4 Probably the daughter of Robert Navarre, a prominent French 
 settler. 
 
48 The Life and Papers of Frederick Bates. 
 
 persons & houses. Their original organization is certainly 
 different from other people. A country rustic who sells 
 Potatoes has all the happy confidence, easy motions, and 
 politeness of expression, which in other countries, distin- 
 guish the Gents, from the common. 
 
 Most of the labouring French wear a [handker] chief 
 about their heads instead of a [hat]. It is not uncommon 
 when meeting a mer [chant] in the Street, for them, to take 
 off the H[andkerchief and] make a low bow. — In tying it 
 on again they are a minute or two before they can please 
 themselves. — 
 
 My Love to Father, & Mother & Aunt Ursula 5 — Also 
 all our brothers & sisters, & to all those whose enquiries 
 after me, are dictated by friendship, and not curiosity. — 
 
 RICHARD BATES TO FREDERICK BATES 
 
 Clerk's Office of Gooch. county July 24. 1799. 
 My dear brother, 
 
 The spirit of party in this state has been raised to its 
 highest pitch, the Federalists as they call themselves, but 
 as the republicans call them the Aristocrats, have at length 
 gained I hope but a temporary ascendency. A matter of 
 the greatest moment which has occurred since my remem- 
 brance, was the election of a member to Congress for the 
 district composed of Henrico and other counties. John 
 Clopton the former representative of that district, and 
 
 s Ursula Woodson, who married Francis Luddington of Greenbrier, 
 Virginia. 
 
The Detroit Period. 49 
 
 General Jno. Marshall our late Envoy to France, the 
 former the darling of Liberty, the latter the advocate of 
 Aristocracy were the candidates, it was generally believed 
 by the Republicans that Mr. Clopton's election was secure, 
 till the event proved to them the contrary, General Mar- 
 shall was elected by a great majority, not by fair and 
 honorable means, but by deceit and bribery. The treasures 
 of the Scotch merchants gained by fraud and sunk in the 
 deepest coffers of avarice flowed with liberality in promot- 
 ing the election of their favorite, while the virtuous 
 Clopton if he had the inclination, had not the means to 
 bribe, thus you see the power of Riches, and thus you see 
 Republican principles trampled on. — James Lyon from 
 one of the northern states son of Mathew Lyon a member 
 of Congress (of whose fine and imprisonment under the 
 Sedition law I suppose you have heard) has lately settled 
 in Richmond, he has undertaken the printing of what he 
 calls a national magazine, the first number of which has 
 come from the press, it contains many valuable produc- 
 tions, such as extracts from the letters of John Thompson 
 deed, late of the town of Petersburg under the fictitious 
 name of Curtius to General Marshall, which I hope you 
 have seen, for they are the master pieces for style and 
 argument that have ever come to my perusal, and many 
 other writings worthy of American attention — if the sub- 
 sequent numbers of the national magazine come up to 
 promises of Mr. Lyon in the preface to the one published, 
 it will be a work of amusement to the present generation, 
 and of utility to Posterity. . . . 
 
 Mother wishes ten thousand blessings to you, and the 
 rest of the familv also send it in love. . . . 
 
50 The Life and Papers of Frederick Bates. 
 
 TO RICHARD BATES 
 
 Detroit, Deer. 24. 1799. 
 Dear Richard,, 
 
 Looking over some of my papers, this morning I put my 
 hands on your letter of 24th July. I thought it, in many 
 respects, a brilliant effusion, and shewed it, with some 
 vanity to an acquaintance, who stepped in — 
 
 Do you know, that his observations a little mortified 
 me? — When I read to him that eloquent passage, relative 
 to the exclusion of Clopton by Genl. Marshall — he said — 
 'The beauty of his expressions, almost compensate [s] for 
 his errors of Judgment' The fact is that nothing demo- 
 cratic will go down with us. I have all the inclination in the 
 world, Dear Richard, to pour upon you, an inundation of 
 arguments, evincing the necessity of federalism, but I have 
 not time. 
 
 When we heard that Judge McKean 6 was elected to the 
 Government of Pennsylvania in opposition to Senator 
 Ross 7 — Capt Ernest observed to me 'Your friends are 
 successful' 'What Sir, you don't suppose me a Sans 
 Culotte ? ' ' No but I believe your brother was — a Demo 
 A young fellow in this Country whose principles are demo- 
 cratic, could scarcely find employment as a Shoe black. I 
 am much mistaken, if Tarlton did not feel his situation in 
 Pittsburgh, a little disagreeable on that account. — I have 
 had not letters from you, for a long time. . . . 
 
 s Thomas McKean, a signer of the Declaration of Independence, author 
 of the first constitution of Delaware, president of congress in 1781, chief 
 justice of Pennsylvania 1777-1799, governor 1799-1808. 
 
 7 James Ross, United States senator from Pennsylvania, 1794-1803. 
 
The Detroit Period. 51 
 
 RICHARD BATES TO FREDERICK BATES 
 
 Goochld. Clk's Office Wednesday May 14th, 1800. 
 Brother Frederick, 
 
 Though I write to you but seldom, be assured my regard 
 for you is in nowise lessoned. — 
 
 The Belmont family 8 were well a few days ago. — 
 
 The involved situation of our father gives me great in- 
 quietude, as I am sure it must you, my only hope is, that 
 his family will bear with fortitude the inevitable destiny 
 which awaits them. — 
 
 I received a letter from Tarlton 9 a few weeks ago, I am 
 pleased to hear he had received the appointment of Protho- 
 notary of the county of Allegheny, which he says will con- 
 tinue to be worth about $1000 per annum ; — I am not less 
 pleased to hear, that the friends of order (as they style 
 themselves) with whom I suppose his business has here- 
 tofore mostly been, have not been able to corrupt his poli- 
 tics, for speaking of his late appointment he says, "Till 
 now, my politics have injured me, in this instance, they 
 have been my greatest recommendation " he having before 
 said he held his office during the pleasure of the governor 
 of Pennsylvania who is a true republican. — 
 
 James Pleasants jr 10 and Doctor James Carter were in 
 april last, elected members from this county to the legis- 
 lature of this Commonwealth, being opposed by William 
 
 s The Bates family at Belmont. 
 
 9 Tarleton appears to have been the correct spelling. 
 
 io James Pleasants, Jr. was born in Goochland County, Virginia, on 
 October 24, 1769. In 1796 he was elected to represent Goochland County 
 in the house of delegates. In 1811 he was elected to congress, and in 
 1819 became a United States senator. He resigned in 1822 and was elected 
 governor of Virginia. 
 
52 The Life and Papers of Frederick Bates. 
 
 Lee one of our former representatives, and Fleming Payne. 
 It is surprising to me how the Doctor has gained and con- 
 tinues to maintain his popularity, he declared himself a 
 candidate only two days before the election, and was elected 
 by the almost unanimous voice of the freeholders pres- 
 ent. — I suppose you have ere this seen or heard of the 
 mode adopted by the assembly of this state for the election 
 of electors of President & Vice President of the United 
 States, I think this new mode far preferable to the old one, 
 as by it the electors & each of them will be the choice of a 
 majority of all the freeholders in the state for every free- 
 holder is to vote for an elector in each district in the state 
 by ticket, that is, he is to write on a piece of paper the 
 names of 21 persons residing in different districts (the 
 number of districts being 21) and on the back of the paper 
 his own name, whereas by the former mode the free holders 
 were confined to vote for one person only and him a resi- 
 dent in their own district, which is utterly inconsistent with 
 republican principles, and by wch a person who is popular 
 in 3 or 4 counties, might be & has frequently been elected, 
 whom a majority of the freeholders in the state would 
 have rejected. — 
 
 Your favor of December the 24th '99 1 received on sun- 
 day last, it contains marvelous things, you say, you have 
 all the inclination in the world to pour upon me an inunda- 
 tion of arguments evincing the necessity of federalism, I 
 cannot think you speak your real sentiment, I cannot think 
 your politics are radically changed, but only dissembled 
 for your own convenience while among those miscreants 
 of Detroit, those instruments of popular degradation, those 
 'maggots of political corruption ' and that when you return 
 to your native state, the salutary doctrine of Virginia's 
 
The Detroit Period. 53 
 
 Patriots will rekindle your languishing flame for repub- 
 licanism and rouse your indignation against encroach- 
 ments on the liberty of the press, a standing army, [and 
 a pub] lie debt. 
 
 If we do disagree in Politics, let our friendship remain 
 entire. 
 
 WILLIAM MILLER TO WHOM IT MAY CONCERN 
 
 Goochland County 4th July 1800. 
 
 I do certify that Mr. Frederick Bates did live with me 
 nearly three years as an assistant and deputy Clerk of the 
 Court of this County, and apart of the time had the entire 
 management of my office, in which he conducted himself to 
 my satisfaction. He is a person of integrity, sobriety and 
 attention, his talents I think are equalled by few, and his 
 diligence and attention surpassed by none that ever came 
 under my observation, and I think myself justified in rec- 
 ommending him to the favorable notice of any who may 
 wish to employ a Clerk. 
 
 THE GENTLEMEN OF THE BAR AND MAGIS- 
 TRATES TO WHOM IT MAY CONCERN 
 
 Goochland County, 18th November 1800. 
 
 Frederick Bates was raised in this County, and after 
 obtaining his education, was placed in the Office of William 
 Miller Esqr. Clerk of said Court, where we were witnesses 
 to the pleasing attention, sobriety, integrity & capacity he 
 evinced to the world, and recommend him as a person 
 meriting confidential employment. 
 
54 The Life and Papers of Frederick Bates. 
 
 THOMAS FLEMING BATES TO FREDERICK BATES 
 
 Virginia, Belmont 30th. Novem. 1800. 
 My Dear Frederick, 
 
 Your pleasing favor of 29th Sep. only reach 'd me the 
 12th Inst, and am glad to find that an inclination to read 
 law at your leisure hours, has become prevalent, because, 
 if not practised as a Science, a knowledge of State laws, 
 as well as those of Nature & Nations, are ornamental, and 
 lead to promotion. 
 
 Though the prospect of Mr Jefferson's election to the 
 Presidency is at this time less flattering than heretofore, 
 I have not lost sight of the object; and now inclose Copies 
 of two papers for your perusal, — neither of which are 
 quite to my mind. I wish'd to have more said on the occa- 
 sion, but delicacy forbid an interference on my part. 
 
 Since my last Fleming has been elected Clerk of North- 
 umberland Court. On the death of Catesby Jones late 
 CPk, there were eight Candidates, but he having had the 
 direction of the Office a few Months, was so fortunate as 
 to obtain a preference to an elegant Station on the Bay, 
 in an opulent healthy Country, worth about £450. P 
 Ann. — Should his future Conduct equal his abilities, his 
 fortune is made ! — This fall had been productive of much 
 sickness here; many have paid the debt of nature, among 
 whom was George Woodson, leaving only his two last, out 
 of eight children who survived him. 
 
 TO TARLETON BATES 
 
 Detroit Jany 14th 1802 
 My dear brother, 
 
 It would be impossible for me to describe the consterna- 
 
The Detroit Period. 55 
 
 tion, which seized the Gentlemen of the army, on the arrival 
 (yesterday) of the President's Speech. 11 
 
 His contemplated reforms, will send many of us, to the 
 grubbing Hoe and the broad Axe. — They are however, in 
 my mind, a farther evidence of the enlightened under- 
 standing of Mr Jefferson. 
 
 They will have a tendency to dash the pride of office, and 
 to equallize the great body of the People, who will bless 
 the Patriot for liberating industry from unnecessary 
 restraints. — 
 
 I have been singing 20 Peans to the Genius of Democ- 
 racy, and would, with cheerfulness, kiss the hand that 
 deprived me of bread : For partial evil, is, I am persuaded, 
 in this instance, universal good. . . . 
 
 STATEMENT OF WILLIAM M. SCOTT, GEORGE 
 
 WALLACE, AND JAMES McDONNELL 
 
 TO WHOM IT MAY CONCERN 
 
 In the East, a place of Light, where reign, Reason, Silence, 
 and Peace — 
 
 We the Master Wardens, and Secretary of Zion Lodge 
 No. 10, ancient York Masons, on the Registry of the Grand 
 Lodge of lower Canada, adorned with all their honours, 
 and assembled Lodge in due form do hereby declare and 
 attest to all those enlightened by the truth, and spread 
 over the face of the Earth, that the Bearer hereof Fred- 
 erick Bates J. W. is a regularly registered Master Mason, 
 and has, during his stay amongst us, behaved himself as 
 an honest worthy Brother, and he may, without demur or 
 
 ii This refers to Jefferson's first annual message of December 8, 1801. 
 See Jefferson, Writings (P. L. Ford, ed.), IX, 321-342. 
 
56 The Life and Papers of Frederick Bates. 
 
 hesitation, be admitted or incorporated into any lawful, 
 warranted body of Masons, wheresoever met, congregated 
 or convened, he having, to the utmost of his power, sup- 
 ported, — and contributed to the advancement and interest 
 of Masonry with Zeal and Vigour. Nevarietur. 
 
 Given under our hands and the seal of our Lodge, in the 
 Lodge-Room at Detroit the Seventh day of June 1802 — In 
 the Year of Masonry 5802 — 
 
 MATTHEW ERNEST TO LEWIS FARQUHARSON 
 AND COMPANY 
 
 £< tn Deteoit June 20. 1802 
 
 From a particular acquaintance with your Mr. Shep- 
 herd & the offers of Credit made me by him, I have taken 
 the Liberty of giving my friend Mr Bates an order on you 
 for such dry Goods, Groceries, etc. as he may require. Mr. 
 Bates is just commencing business, under such advantages 
 that their is no doubt of his Succeeding, & as he is a new 
 beginner I hope you will give him as long credit as pos- 
 sible — I am pursuaded his remittances will equal your 
 expectations 
 
 If any further security is required you will be pleased to 
 advise me & it shall be forwarded to you. — 
 
 GIDEON GRANGER TO FREDERICK BATES 
 
 General Post-Office 
 g IR Washington City, July 1 1803. 
 
 This serves to acknowledge the receipt of your accounts 
 for the quarter ending December 31, 1802 
 
The Detroit Period. 57 
 
 If, on examination, any errors are discovered, you will 
 be duly notified. 
 
 TO CHARLES FLEMING BATES 12 
 
 Detroit, Sept. 26th, 1803. 
 Dear Brother : 
 
 We have reason to hope that our corner in the Indian [a] 
 Territory will, during the next session of Congress, be 
 laid off into a separate territorial Government. 
 
 I am desirous of obtaining the office of Secretary. Per- 
 haps you have some influence which you will exert in my 
 behalf. You may possibly be acquainted with some mem- 
 ber of Congress (some illustrious Demigod or other, 
 whose breath creates and destroys) who might be per- 
 suaded to tell the Government that I am very deserving 
 of this advancement. 
 
 As for my Politics — you all know that I am staunch. 
 And as for talents — all our friends must acknowledge 
 that I have them in abundance fo* the discharge of such 
 kinds of duties. 
 
 But to be serious — I am actually soliciting this office 
 and should be much obliged to you for your assistance. 
 
 You will think it a little extraordinary that I should only 
 write to you to ask favors, but you know you never liked 
 letters of unmeaning compliment, and I daresay you are 
 satisfied of my affection, without continual assurance of 
 this fact. Write me about the Sec'tyship. 
 
 12 This letter is quoted from Onward Bates, Bates, et al. of Virginia 
 and Missouri, 56. 
 
58 The Life and Papers of Frederick Bates. 
 
 GIDEON GRANGER TO FREDERICK BATES 
 
 General Post-Office, 
 
 Washington City, November 11 — 1803 
 Sir, 
 
 Notwithstanding you have long since been appointed 
 Post-master at Detroit. I. T. yet it does not appear that 
 you have transmitted to this office your bond and oath for 
 the faithful discharge of your trust, agreeable to the rules 
 of this department. 
 
 I therefore enclose you a bond and oath, which you will 
 be pleased, without delay, to execute and forward to this 
 office ; on the receipt of which your commission will be duly 
 forwarded. 
 
 ABRAHAM BRADLEY, JR. TO FREDERICK BATES 
 
 General Post Office, 
 
 Jany. 10, 1804. 
 Sir: 
 
 Your letter of the 9th ulto. came to hand last evening 
 with the enclosures. Your former bond without doubt 
 came to hand, or a commission would not have been for- 
 warded, but has been mislaid. 
 
 Your accounts for the quarter ending Septem. 30th were 
 received with fifty dollars, were received on the 15 Nov. 
 the last is to your credit in our books, it is probable that 
 the receipt has been forwarded addressed to Detroit, N. Y. 
 which has occasioned its miscarriage. 
 
The Detroit Period. 59 
 
 ALBERT GALLATIN TO FREDERICK BATES 
 
 Treasury Department, 
 
 October 13th, 1804. 
 
 Sir: 
 
 Enclosed I transmit to you a commission from the Presi- 
 dent of the United States appointing you to be Receiver of 
 public monies at Detroit; and request that you will imme- 
 diately qualify yourself by taking an oath to support the 
 Constitution of the United States, with a bond, executed 
 by yourself and one or more good sureties, in the sum of 
 ten thousand dollars. A form of the bond is enclosed. 
 Your Salary as receiver will commence from the day on 
 which you shall qualify yourself. For one half of your 
 compensation as Commissioner, amounting to two hundred 
 and fifty dollars you may draw on me as soon as you shall 
 have been qualified, and for the other half whenever the 
 business of the Board shall have been completed; and you 
 may likewise, until the sales of public Lands shall place 
 funds in your hands, draw quarterly for your salary as 
 Receiver ; observing to advise me regularly of your drafts. 
 
 In relation to your duties as Commissioner, I beg leave 
 to refer you to the law under which you have been ap- 
 pointed, and to the letters which I have written on that 
 subject to the Register, who will be pleased to communicate 
 the same to you. 
 
 Forms and instructions relative to your duties as Re- 
 ceiver shall be hereafter transmitted. 
 
 TO ALBERT GALLATIN 
 
 Dec. 3d 1804 
 I was yesterday honored with your letter of 13 Oct en- 
 closing a commission from the President as Receiver of P. 
 
60 The Life and Papers of Frederick Bates. 
 
 Monies at this place. — My qualifications are herewith 
 transmitted. — With respect to the Sureties, I would beg 
 leave to observe, that should they be deemed insufficient 
 it will be in my power to procure additional ones. — Mr 
 Curry's circumstances are probably known to you — He is 
 said to be wealthy. 
 
 I sincerely thank the President & you for the trusts wch 
 you have reposed, and desire you to be persuaded, that 
 independently of those legal compulsions under [which] 
 I act, — I shall on all occasions feel it my highest honor to 
 execute your orders with faithfulness. — 
 
 Yr instructions of 15 Oct with regard to the monies which 
 Mr Audrain 13 late Collector of the Eevenue has been di- 
 rected to pay to me shall be strictly observed. 
 
 BOND OF FREDERICK BATES 
 
 Know all men that we F. Bates and Charles Curry and 
 Robt Conn are held & firmly bound unto the United States 
 of America in the full and just sum of ten thousand dollars 
 money of the United States to which payment well & truly 
 to be made we bind ourselves severally and jointly our 
 joint & several Heirs, executors and administrators firmly 
 by these presents Sealed with our seals & dated the 3d day 
 of December 1804. — 
 
 The condition of the foregoing obligation is such that 
 whereas the President of the United States hath pursuant 
 to law appointed the sd F Bates to the office of Receiver of 
 public Monies for lands at Detroit. Now therefore if the 
 
 is Peter Audrain. 
 
The Detroit Period. 61 
 
 sd F. Bates shall faithfully execute & discharge the duties 
 of his office then the above obligation to be void & of none 
 effect otherwise it does abide & remain in full force & 
 virtue 
 
 Signed 
 
 Fred Bates 
 Sealed & delivered in presence of Charles Curry 
 
 Jas McDonnell Robt Conn 
 
 Go Hoffman 
 
 OATHS OF FREDERICK BATES 
 
 I F. Bates do swear that I will support the constitution 
 of the United States so help me God 
 
 I do further swear that I will faithfully and impartially 
 discharge the duties of ' Receiver of public monies for 
 Lands of the U S at Detroit' according to the best of my 
 skill & understanding so help me God 
 
 I further solemnly swear that I will impartially exercise 
 & discharge the duties imposed upon me as comr. for exam- 
 ining the claims to lands by an act of Congress entitled 
 1 An act making provision for the disposal of public lands 
 in the Indiana Territory & for other purposes' So help me 
 God 
 
 F. Bates 
 Indiana Terry 
 
 Wayne Co 
 
 I Jno Dodemead one of the Justices of the Court of Com 
 Pleas in & for sd county do hereby certfy that F Bates 
 personally appeared before me & took & subscribed the 
 foregoing oaths 
 
 Given under my hand & seal 3d Deer 1804 — 
 
62 The Life and Papers of Frederick Bates. 
 
 JAMES WOODSON BATES TO FREDERICK BATES 
 
 New Haven Deer. 23rd. 1804 
 Dr Brother 
 
 I see by the papers that you have been appointed to some 
 Office by the President ; it gave me satisfaction in this sense 
 that you would now come forth a decided Democrat, for 
 from my Soul I detest every thing that has any afinity to 
 federalism, not that I supposed the emoluments of a trifling 
 Office would be any inducement to you to swerve from prin- 
 ciples which you really believed in, but I have ever sup- 
 posed the President culpable in appointing or suffering 
 men to remain [in] office who are avowed friends to the 
 federal party, a party who have repeitedly shewn their 
 want of political integrity; and according to my ideas of 
 virtue our present Presdt. is almost a demi-God, I conse- 
 quently imagined he would not have appointed you, had he 
 not been satisfied that you were a friend to the Liberty of 
 your Country. Often has the thought that you were a 
 Federalist arose to my mind but I have ever discarded it as 
 derogatary to your honor. I can write no more, I have 
 not time to transcribe & my hands are benumbed. 
 
 ALBERT GALLATIN TO FREDERICK BATES 
 
 Treasury Department, 
 December 28th, 1804. 
 Sir: 
 
 The Commission formerly transmitted to you having 
 been issued during the recess of the Senate, I now enclose 
 to you another, by which you will observe that the Presi- 
 
The Detroit Period. 63 
 
 dent has, by and with the advice and consent of the Senate, 
 appointed you to be Receiver of Public Monies, for Lands 
 of the United States, at Detroit. 
 
 I have therefore to request that you will, on the receipt 
 of this Commission, execute a new bond, with one or more 
 good Sureties, agreeably to the form heretofore prescribed, 
 and transmit the same to my Office. 
 
 JAMES MADISON TO FREDERICK BATES 
 
 Department of State 
 March 22d 1805. 
 Sir, 
 
 The President of the United States being desirous of 
 availing the public of your services as a Judge of the Ter- 
 ritory of Michigan, I have the pleasure to inclose your 
 Commission. 
 
 ALBERT GALLATIN TO FREDERICK BATES 
 
 Treasury Department 
 April 4th, 1805. 
 Sir: 
 
 A doubt has arisen on the construction of the 11th Sec- 
 tion of the Act of 26th March 1804 as applicable to partial 
 payments. Such payments having been admitted, the more 
 liberal construction will, in my opinion, unite public & 
 Private benefit to the advantages of uniformity. 
 
 Whenever therefore, a partial payment, made on account 
 of an Instalment, before such Instalment becomes due, shall 
 hereafter be made, the interest must be released from 
 
 / 
 
64 The Life and Papers of Frederick Bates. 
 
 such partial payment, though the balance should not be 
 paid until after the Instalment becomes due. You will be 
 pleased to communicate this letter to the Eegister. 
 
 Ex. The second Instalment of a purchase of 
 320 Acres, made on 1st January 1806, be- 
 comes due on 1st Jany 1808 Drs. 160. — 
 
 On 1st Jany. 1807 payment is made of 
 
 only 55.20 
 
 discount allowed for one year at 8 
 
 pr. ct 4.80 
 
 Which payment will extinguish Drs. 60 
 
 Balance of principal due Drs. 100 — 
 
 Supposing the payment to be completed on 1st 
 July 1808, add interest on balance from 
 the date of purchase 
 
 2 years 6 months at 6 pr. ct Drs. 15. — 
 
 Balance to be paid on 1st July 1808 Drs. 115. 
 
 TO ALBERT GALLATIN 
 
 April 17 [1805] 
 
 I was honored yesterday by Mail with your letter of 28 
 Dec last, — enclosing a commission as * Receiver' under an 
 appointment to that office by the President of the U States, 
 by & with the advice and consent of the Senate — 
 
 The Bond which you instruct me to execute is herewith 
 transmitted. — 
 
The Detroit Period. 65 
 
 By same conveyance I also received your letter of 18 
 Jany last covering instructions to the Receiver at Zanes- 
 ville to which you alluded in your's of the 15th of that 
 month — 
 
 Mr. Audrain has acted as Clerk of the Commissioners — 
 He tells me that his pay for those services, he has always 
 intended to appropriate to the discharge of the balance 
 due the U. S. on acct of the internal Eevenues — Mr. 
 Hoffman as well as myself conceives it proper to inform 
 you that we completed the decisions on the Claims for lands 
 early in March — We beg you to be assured that every 
 care & attention have been bestowed. . . . The Reports 
 will be forwarded in June next. 
 
 TO TARLETON BATES 
 
 May 22d [1805] 
 
 I often trouble you on disagreeable subjects — Bear 
 with me for this time only, and I will endeavour, in future 
 to give to my communications a more entertaining impres- 
 sion — On the morning of C. J. V 4 arrival I did not meet 
 him on the wharf, as many others did, but in the afternoon 
 waited on him at Dodemeads. 15 He was drinking wine 
 with his travelling friends Diceu, Hanks 16 and young 
 Gansavoort, 17 and appeared as I thought wounded at the 
 backwardness of the town in congratulating him on his re- 
 
 1 4 Charles Jouett, Indian agent at Detroit. 
 
 is Judge John Dodemead. 
 
 10 Probably Porter Hanks who became a 2nd lieutenant of artillery 
 in 1805, and was killed at Detroit on August 16, 1812. 
 
 « Probably John Gansevoort who became a 2nd lieutenant of artillery 
 on March 6, 1806. 
 
66 The Life and Papers of Frederick Bates. 
 
 turn. After sitting half an hour I took my leave — He 
 followed me to the door & desired I would wait till he got 
 his hat — We walked on the wharf — when as soon as we 
 were alone he turned abruptly to me — 'Bates' says he, 
 in a hurried emphatic manner, i 'twas I who obtained for 
 you the office of Judge' — 'You Mr. Jouett? — I am very 
 thankful to you, but I have had very good reason to sup- 
 pose that I am indebted for it to the friendly solicita- 
 tions of my brothers connexions — The Baldwins' — He 
 scarcely knew what to reply. — He said something in an 
 embarrassed manner and proceeded to observe 'It is your 
 brother's opinion that you & myself will find it mutually 
 our interest to support each other' 'I have not' said I 
 'been on very intimate terms with Wilkinson & the Dode- 
 mead-Family for some time past, and our misunderstand- 
 ings are in part attributable to you — You have not found 
 Ernest openly assailable and you have clandestinely caused 
 him to be ousted — You have written these & many other 
 things which Wilkinson has had the impudence to di- 
 vulge' — He denied any interference & cursed W for a 
 Blockhead. I told him that I would vindicate Ernest no 
 longer than his conduct was defensible — but that his ac- 
 cusers would probably have to answer for their own mis- 
 conduct if they had been guilty of any. — I saw him the 
 next morning in my office — No, said he, I did not get the 
 office of Judge for you but I am very glad you have got 
 it, by God. He now accused me — 'Wilkinson' 18 observed 
 he 'tells me that you have offered to bet that I would not 
 be Governor of Michigan' — 'Well & should I not have 
 won the wager?' — 'Aye but it argued unfriendly disposi- 
 tions' — 'Draw your own inferrences — but I would have 
 
 is Probably General James Wilkinson. 
 
The Detroit Period. 67 
 
 betted against Henry Baldwin to whom I shall always be 
 proud of acknowledging my obligations' — He only ob- 
 served 'I should have been Governor by the immortal God 
 if I had not been Mr Jefferson's neighbour But Hull lives 
 on a parallel of latitude!!!' — I dare say he thinks there is 
 but one parrallel of latitude in the U. States Jouett shrinks 
 with apprehension from his own shadow — He dreads an 
 investigation, and is very sensible that he deserves the 
 friendship of nobody for he is nobody's friend. — In order 
 to clear himself from Ernest's recriminations he declares 
 to me he never wished or attempted to get his office from 
 Wilkinson — & that he promised his brother in law what he 
 never had an intention to perform — I trouble you with 
 impertinences farewell. 
 
 TO JAMES MADISON 
 
 May 28. 1805. 
 Sir, 
 
 I had yesterday the honor of receiving your letter of 
 [22] day of [March] covering a commission as Judge of 
 Michigan territory, and am greatly flattered by the high 
 confidence which the President, with consent of Senate 
 has been pleased to repose in me — Permit me [to] thank 
 you personally for the obliging terms, in which you have 
 chosen to make this communication. — 
 
 I fear that my abilities have been too favorably esti- 
 mated, yet I entreat you to be persuaded, that for my many 
 & serious deficiencies, I will endeavour, in some degree to 
 compensate, by an unwearied study of my duties, and a 
 cautious circumspection in their discharge. 
 
68 The Life and Papers of Frederick Bates. 
 
 TO ALBERT GALLATIN 
 
 glE Detroit, May 28, 1805. 
 
 Perhaps it is my duty to acquaint you that I have this 
 day accepted the commission of a Judge of Michigan Terri- 
 tory. 
 
 I hope this office may not be thought incompatible with 
 that of Eeceiver, which I have the honor of holding in your 
 department. 
 
 If the principle is not already settled by the laws it may 
 be by usage, and I know at any rate, that it is in your 
 power, at all times, to establish it, as far as respects the 
 subordinate officers of the Treasury. I have thought, that 
 in territorial, executive governments, an union of similar 
 offices in the same person, would probably be esteemed less 
 exceptionable than in some other cases. 
 
 Our enquiry as commissioners, since the passing of the 
 late act, is very considerably extended — and if it is dis- 
 cretionary with yourself, I can only say, that I should feel 
 grateful to you for an opportunity of assisting in the com- 
 pletion of a business, as yet but half performed. 
 
 TO GIDEON GRANGERS] 
 
 [n. d. Probable date June, 1805] 
 Sir, 
 
 I have heretofore discharged the duties of a Depy P. 
 Master at this place with all the care & faithfulness of 
 which I am capable — But in future, owing to a variety of 
 other business it might not be possible to give that atten- 
 tion to the office which its importance demands — You will 
 therefore particularly oblige me, by appointing some per- 
 
The Detroit Period. 69 
 
 son in my stead as soon after 30 June as may be conveni- 
 ent to you — 
 
 If you have not other views I would beg leave to men- 
 tion to you Geo Hoffman Esq, 19 who is a man of business 
 generally & particularly conversant with that of the Post 
 Office. 
 
 PROBABLY FROM GEORGE HOFFMAN AND 
 FREDERICK BATES TO ALBERT GALLATIN 
 
 glR [n. d. Probably 1805.] 
 
 We deem it our duty to make you acquainted with the 
 measures which the People of this district have lately 
 adopted to procure if possible an amelioration of so much 
 of the late Land-Law as respects the adjacent settle- 
 ments. — 
 
 Their Agent who is to pass the winter in Washington 
 will have the honor of delg this Letter — and the personal 
 interest which he must feel in the confirmation of the claims 
 of his constituents will cause him to perform with zeal and 
 perseverance the duties which they have assigned him. 
 That there are but few legal claims is a fact conceded by 
 themselves, and not a determination of ours as Commis- 
 sioners — for the Testimony is not yet before us — They 
 will rely on those Arguments which the policy, equity, and 
 expediency of an amendment of the Law are supposed to 
 furnish — & address themselves, not we presume, to the 
 Justice of the Congress, but to its bounty — They will not 
 dispute its right to raise a Revenue from the sales of Lands 
 notoriously its own but they will plead their inability to 
 become the purchasers. — It has been asserted that the 
 
 is Bates' associate as land commissioner at Detroit. 
 
70 The Life and Papers of Frederick Bates. 
 
 Lands were of little value — not more than $1.00 the acre — 
 but those who better understand Agriculture, — who have 
 no interest in the deception, and in the event of a sale will 
 probably buy even at the rate of 7.50 will know that a single 
 harvest would pay the amount of their depreciated esti- 
 mate. — A mercht of Albany who has also an establishment 
 in Detroit lately declared to us that he should esteem 
 himself fortunate in getting one particular farm at the 
 price of $20,000 — alluding we suppose to Gros Isle or Hog 
 Island. 
 
 If the People by a candid representation of their real 
 situations, could induce the government, to confirm their 
 claims to lands, of wch they have heretofore had but the 
 naked possession we should be the last to divert it from 
 its generous purpose. — But when that representation is 
 insincere we have imagined it our duty, to give you an 
 unprejudiced statement of facts. — Many of the Farms we 
 are confidently assured are mortgaged for the payment of 
 debts of an old standing, — so that British merchants 
 rather than the occupants themselves feel the most imme- 
 diate interest in the continuance of the present order of 
 things and that interest arising partly no doubt from their 
 own claims has been manifested by the liberality with which 
 they have contributed towards the Agents compensation. 
 The Agent, on his arrival at Washington, will we conjecture 
 assume such ground, as circumstances may lead him to 
 suppose most tenable — Yet we hope that no momentary 
 impulse of indignation will cause him thoughtlessly to 
 repeat an argument which he has employed so frequently 
 with much emphasis among his constituents : — That 
 should the demands of the People be rejected by the gov- 
 ernment, they would probably commence a predatory war 
 
The Detroit Period. 71 
 
 on the frontier settlements in coalition with those various 
 tribes of Indians, with whom their interests are so insep- 
 arably interwoven. He cannot we think seriously suppose 
 that the US will concede that to his prophetic fears which 
 they deny to his entreaties. — 
 
 It is contended that General Wayne, at the treaty of 
 Greenville solemnly pledged himself for the confirmation 
 of those individual claims acquired from the Indians in the 
 course of trade — and particularly that the cultivators of 
 the soil on R. Raison & elsewhere who had made their 
 settlements under an Indian Grant should remain undis- 
 turbed in their respective possessions. — Without appear- 
 ing sensible of the futility of such reasoning, they alledge 
 that these stipulations of such primary importance, the 
 General neglected to incorporate into the Treaty, and an 
 odium is attempted to be cast on his memory for having 
 deceived those on whom deception was so easily practised 
 on account of their unacquaintance with this language. 
 
 But Sir, the conversations at Greenville have been 
 greatly misrepresented. From the informations which we 
 have been able to collect on the subject, from persons of 
 supposed truth, & long residence among the Indians them- 
 selves, such assurances (even had the powers been dele- 
 gated) were never given. — 
 
 The General held, we are assured, a conciliatory lan- 
 guage & in the first emotions of pacified hostility, in all 
 likelihood did promise to ask of his government those 
 indulgences wch as a Commissioner he was not authorized 
 to extend. It is however with reluctance, that we remark 
 on a transaction, with which you are doubtless, accurately 
 acquainted, & with respect to which we may possibly be in 
 error — 
 
72 The Life and Papers of Frederick Bates. 
 
 Relying on the promises of General Wayne, the People, 
 as they tell the story, rejected the generous offers of Lands 
 wch. the B.G. some years ago made them in the Province 
 of Upper Canada — and now imagine that the US ought 
 not to treat them with less liberality than a nation between 
 whom & themselves the reciprocal rights & duties of alle- 
 giance & protection had ceased. And even now those who 
 possess the confidence of the People with a design probably 
 to controul in some little degree the decisions of the Com- 
 missioners have uttered in the nature of a threat to the 
 Register himself their determination to avail themselves 
 of those offers wch. they say are still held out to them by 
 the government of U. Canada — Tho ' we strongly suspect 
 that this is a tale merely devised to induce the US rather 
 than lose them as Citizens to beg their acceptance of what 
 they will pay for, with such infinite reluctance. We have 
 been surprised to find so many People relying on the 
 validity of Ind deeds. It is very generally known that the 
 Proclamation of the King of G B of 1763 forbad an 
 extinguishment of the native right by individuals — and 
 if this had not been the case — even if the practice had 
 been sanctioned in express words, we beg leave to observe 
 to you, on the authority of a white chief of the Wyandot 
 Nation that no deeds in this district have ever been 
 executed with those formalities which the Common Law of 
 the 4 Nations makes absolutely necessary. — We will 
 explain our selves — In consequence of the unequal contest 
 which many years ago subsisted between the Wyandots, 
 Chippewas Ottowas & Poutawatimies on the one part & 
 the Senecas on the other, a federal compact was formed 
 uniting the former nations. — One of the fundamental 
 articles of this union was, that neither of those Nations 
 
The Detroit Period. 73 
 
 should transfer their right of Soil except with the express 
 consent of the other three by their chiefs in council — And 
 in modern times, when one of those Nations, or tribes 
 belonging to either (as has been most frequently the case) 
 have presumed to violate this article, it has not been 
 acquiesced in but has afforded subject of complaint and 
 remonstrance for all the rest. . . . 
 
 [P. S.] The B. Merchants have liberally contributed. 
 
 ALBERT GALLATIN TO FREDERICK BATES 
 g IR Treasury Department 6th July 1805 
 
 I had the honor to receive your letter of the 28th May. 
 There being no legal incompatibility between the office of 
 judge & receiver, it is understood that you will continue to 
 exercise the functions of the last office so long as no new 
 appointment shall take place. It was intended that, at all 
 events, you should hold that office until at least the adjust- 
 ment of claims had been completed. The President will 
 afterwards decide the question whether the two offices 
 should be held permanently by the same person; and you 
 will receive previous notice of his Determination. 
 
 CHARGE TO THE GRAND JURY 20 
 
 Court of Detroit, 
 Detroit, Aug. 19, 1805. 
 Gentlemen of the Grand Jury. 
 
 I meet with you with very sincere pleasure, on an occasion 
 which may probably in future times be considered as the 
 
 ^o Bates' charges to the grand jury of the Huron and Detroit District, 
 
74 The Life and Papers of Frederick Bates. 
 
 epoch of your civil liberties. Heretofore you have scarcely 
 known to what tribunal to apply for the support of right 
 and for the suppression of wrong. That authority on which 
 the District has been, at various times dependent, was too 
 remote, or its decisions too dilatory for such an adminis- 
 tration of the laws, as citizens of a free government had 
 a right to expect and which the liberal justice of the con- 
 gress of the United States has lately granted to you. 
 
 From the division of the Indiana, and the establishment 
 of the Michigan territory, we may anticipate with confi- 
 dence the happy future destinies of these settlements. It is 
 true that for a while, during our political infancy, we must 
 be rocked in the executive cradle of the general govern- 
 ment. As we increase in strength, in industry, in wealth, 
 and in populaution, we shall be regularly advanced to new 
 rights and privileges until the moment not I hope far 
 distant, when we shall be entitled to form an additional link 
 in the grand chain which unites the several commonwealths 
 of which our happy country is composed. During this pro- 
 bationary period but little is expected in return for the 
 parental protection which is extended to you. The 
 expenses of your government are defrayed by the United 
 States, and nothing is, indeed, required of you, more than 
 a decent and orderly submission to those authorities, dele- 
 gated at your special instance, and constituted with no 
 other design than to promote your welfare. I rejoice with 
 you on the accomplishment of our common wishes on this 
 important subject, and most heartily congratulate you on 
 
 to that of the Erie District, and to the Michillimackinac grand jury are 
 preserved in the Bates Collection of the Missouri Historical Society. As 
 they add but little to our knowledge of the jurist, it has not seemed 
 necessary to print them. 
 
The Detroit Period. 75 
 
 the appointment of an executive whose judgment discerns, 
 whose philanthropy approves, and whose authority will be 
 sufficient to effectuate those measures calculated to call into 
 exercise all the latent energies of the country, and with 
 him, permit me to assure you, the judicial branch of the 
 Government, will, on all proper occasions, most cordially 
 unite for the promotion of these important purposes. 
 Judge not of the future by the occurrences of the past ; the 
 days of unhappiness have glided away; the empire of 
 justice is established among you; your affairs are every 
 day becoming more settled and permanent and it will 
 remain with yourselves only to become the most happy 
 people within the American borders. 
 
 After several vexatious dependences on governments 
 very essentially different from each other, Providence has 
 kindly thrown you under the protecting wings of a great, 
 a powerful, and an enlightened nation, the ultimate 
 tendency of whose measures, is the peace, safety and hap- 
 piness of the citizen. You felt, I know, some early 
 reluctances at this change; your apprehensions were 
 natural and are not to be wondered at ; you had been accus- 
 tomed to changes from bad to worse, and anticipated a 
 continuation of that unhappy routine. These fears were 
 soon discovered to be without foundation and the mists of 
 your anxiety are at length completely dissipated. The 
 magistrates of our country can never exercise an assumed 
 and arrogated power; the laws have invested them with 
 sufficient authority. It is they, the laws, who govern and 
 not the men who administer them. Before this equitable 
 despotism both magistrates and other citizens, without 
 discrimination, bow in silent and submissive reverence. 
 
 Those republics which have been the most celebrated for 
 
76 The Life and Papers of Frederick Bates. 
 
 the freedom of their civil institutions, made it their pride 
 and their boast to yield a ready and an unreserved submis- 
 sion to the laws. At the moment, that they scorned a 
 subjection to the personal controul of an individual, they 
 heard the voice of these guardians of their liberties, and 
 knew no alternative than a patriotic compliance with their 
 mandates. Infamy and public opprobrium, was the certain 
 and immediate consequence of a contrary conduct. Fortu- 
 nate and happy people ! We are too apt to exclaim. — How 
 greatly superior to the Eepublics of modern times where 
 penal sanctions are found necessary to inforce an 
 observance of the most salutary laws. Let us not, how- 
 ever, repine that these nations, created by providence for 
 the admiration of posterity, surpassed us in these respects. 
 The only difference is that with them, greater individual 
 sacrifice than with us, was necessary to support that 
 national haughtiness, and to gratify that thirst of domina- 
 tion, which was the curse and proved ultimately the down- 
 fall and the ruin of the state. The individuals of these 
 countries made a surrender of private rights to the abso- 
 lute democracies which they had chosen to establish 
 greater by far than appears in our times to be necessary 
 for national government. They imagined themselves free, 
 and by a mental deception fancied this surrender voluntary 
 when in fact by the rigour of inflexible institutions rather 
 than the severity of the laws the citizen was stripped even 
 of self love, which he deposited in the common fund and 
 called it patriotism. How extremely different are Ameri- 
 can ideas contrasted with these antequated notions. In 
 the United States the interests and the prosperity of the 
 whole are never to be promoted at the expense of a few ; — 
 and whether it arises from the nature of things, or from the 
 
The Detroit Period. 11 
 
 ingenuity of the great contrivers of our admirable systems, 
 I know not, yet the fact is felt in our daily experience that 
 the interests of the government and those of the citizen 
 are never inconsistent with each other. The latter may 
 be aptly compared to the springs and the rivulets of the 
 mountains, the former to the majestic river, crowded with 
 the products of honest industry, and floating on its surface 
 the wealth of nations. The one arises out of the other and 
 without them would cease to have an existence. Since, 
 then, the prosperity of the nation, must have its rise in 
 the welfare of individuals, we can be no longer surprised 
 that the personal liberty, the personal security, and the 
 private property of the citizen are so vigilantly and so 
 securely guarded. An infringement of these rights in the 
 free constitutions of the United States, is not so much an 
 individual as a national concern. The arm of public justice 
 interposes to prevent a wrong, even before it is attempted, 
 and never fails, in theory at least, to chastise a commission 
 of it. Punishment should follow crime, as the shadow 
 follows the substance, or rather they should be as indis- 
 solubly connected as the union of cause and effect. In 
 severe and arbitrary governments, where the blood and 
 tears of the peasantry support the insolent ostentation of 
 the prince, this can scarcely be the case. The laws must 
 always be badly executed, where the popular sensibility is 
 daily shocked and outraged by capital punishment for light 
 and trivial offences. The rod of a tyrant, may, for a while 
 bend the degraded nation to the most abject submis- 
 sions ; — it may render indeterminate the boundaries of 
 right and wrong by the creation of a great number of 
 capital offences which in their nature are not so, but the 
 nation never fails to resume its rights and cruelly to prac- 
 
78 The Life and Papers of Frederick Bates. 
 
 tice those lessons of barbarity, in which its savage sover- 
 eigns have taken so much care to instruct them. In these 
 instances, as a humane writer on crimes and punishments, 
 has observed, the legislature, and the dagger of the assassin 
 are actuated by the same spirit of ferocity. But revolu- 
 tions of this terrific impression will never occur in the 
 United States where the liberty and the security of the 
 people are the direct and only ends of the constitution. 
 The mildness of our laws, the moderation of our punish- 
 ments, and the spirit of liberty which pervades the whole, 
 will forever secure us from these disastrous scenes. 
 
 Estimate justly I entreat you, gentlemen, together with 
 these inestimable blessings, the natural advantages of 
 your local situation. A fine, fruitful and abundant country, 
 which when the necessary labour is bestowed to entitle you 
 to its products, will supply you in profusion with all the 
 necessaries and many of the luxuries of life . Your 
 delightful and extensive praire grounds for yours at 
 reasonable and moderate prices they soon may be, are 
 prepared by the hands of nature herself for cultivation, 
 and who has also providently placed in their environs, a 
 variety of the best timber for their enclosure. She has 
 also stocked your forests with almost every quadruped 
 known in America, and your country generally with every 
 fowl whom she has taught to dip the wing in water, or to 
 traverse the uninhabited wild for a subsistence. In order 
 fellow citizens of the Grand Jury, that you may be in the 
 constant enjoyment of all these united advantages great 
 care, attention, diligence and industry are absolutely neces- 
 sary. I consider these, both as moral and as civil duties, 
 and altho ' at this day, a breach of them can not be punished 
 by positive laws, yet an observance is not the less indis- 
 
The Detroit Period. 79 
 
 pensable on that account. We know that Nature in our 
 rural efforts is forever ready to bear with us more than 
 half the toils of husbandry, but the same prolific fruit- 
 fulness which vegetates matures and ripens our harvests, 
 vegetates also and matures the noxious weed which 
 deprives that harvest of its abundance. No project, no 
 enterprise, no pursuit in human life can prosper unless by 
 the most diligent and unwearied attention. It is contrary 
 to the eternal order of things that it should, and the man 
 who is unmindful of the important truth, will deplore when 
 it is too late the fatal effects of his folly. He will find that 
 he has involved himself in a threefold bankruptcy — of 
 mind — of reputation and of fortune. With respect to the 
 first, indolence and the pursuit of frivolous amusements 
 have relaxed, have vitiated and destroyed it; the second 
 has become worthless even in the estimation of those who 
 have reclined on the same bed of roses with himself, — and 
 for the last, fortune, the most transitory and perhaps the 
 most inconsiderable of any, it has fled away on the wings 
 of dissipation and left its humiliated possessor a prey to 
 the most painful retrospections. Let me advise you then 
 gentlemen to encourage throughout your country the culti- 
 vation of the soil ; let the sound of the axe be heard in your 
 forests, and let the songs of industry alleviate the fatigues 
 of rural labours. The mechanic arts will flourish of them- 
 selves ; and health, peace and an easy affluence will be your 
 rewards. 
 
 I shall speak to you of Eeligion and Morals only as they 
 have an influence in aid of the laws and the institutions of 
 the country and altogether independently of their Divine 
 authority. Without them, society could not subsist; it is 
 absolutely necessary that the human mind should have a 
 
80 The Life and Papers of Frederick Bates. 
 
 boundary to terminate its prospects, and the hopes and the 
 fears, in expectancy which it alternately entertains, are a 
 more effectual curb and restraint from the violation of 
 civic duties than all the temporal rewards and punishments, 
 which the laws can annex to human conduct. In the opera- 
 tions of nature and mechanics we daily see how astonishing 
 are the effects of the most inconsiderable force applied 
 constantly and without intermission. Religion then and 
 morals under mild and tolerant establishments, are as indis- 
 pensable as the laws themselves. Their gentle, persuasive 
 and continual influence, habituate us to the practice of 
 virtue; they teach us justice as an innate obligation, and 
 above all they render us happy, by casting around us the 
 serenity of peaceful consciousness, and the sunshine of 
 unimbittered felicity. 
 
 Education also gentlemen, is an object of the first impor- 
 tance. It is not altogether sufficient that you bring up the 
 youth of your country in the habits of industry, and 
 instruct them in the principles of morality and religion. 
 It is also essential to their future respectability and happi- 
 ness that their minds should be inriched, at least to a 
 certain degree with the beauties of literature and the truths 
 of science. Savages to whom the use of letters is unknown 
 have invented ingenious substitutes, and man but half 
 civilized, without the accomplishments of the savage, and 
 without his apologies in extenuation of ignorance is the 
 most degraded of the creation. Redouble your exertions 
 then, in this important particular. You are no longer the 
 neglected, solitary people you once were; your destinies 
 are rapidly unfolding themselves, and it is your indispen- 
 sable duty to prepare your offspring for the new and 
 elevated sphere, in which they will in future act. Teach 
 
The Detroit Period. 81 
 
 them enterprize — teach them emulation, and they will 
 rival the brightest ornaments of which the United States 
 can boast. 
 
 I can not omit in this public address to the Grand Inquest 
 of the District, to advert with sincerest sorrow to that 
 calamitous conflagration which has lately reduced wealth 
 and opulence to indigence and distress; and heaped accu- 
 mulated wretchedness on the heads of those, who were 
 already necessitous. How sudden, how unexpected was the 
 event ! and how little were we prepared to meet the over- 
 whelming catastrophe. But gentlemen, let not our fellow 
 citizens despair; for altho' their sufferings have been 
 extreme, and altho' no miracles can be wrought for their 
 relief, Heaven will unquestionably prosper their exertions. 
 You have heretofore supported most handsomely the views 
 of the Government, for the reestablishment and organi- 
 zation of the affairs of the country ; Persevere, I pray you, 
 in that support and you will find, let me say it without 
 presumption and without vanity, that that Government is 
 your guardian angel, sent by Providence at an awful crisis 
 to snatch you from impending ruin. See the progress 
 which is already made ; this temporary but pleasant bower, 
 will, at some future day, be the site of an elegant state 
 house in which your interests will be debated. Churches, 
 manufactories and workshops will rise in succession, and 
 the embarrassments of former times will no longer be 
 remembered except as the indistinct and visionary incidents 
 of a dream. A new city, on a more liberal and enlarged 
 scale, has already burst the ancient limits, and is daily 
 rising, as our Chief Justice, very beautifully expresses it, 
 like a new Phoenix, from the ashes of the old. 
 
 I have taken up your time gentlemen on subjects of a 
 
82 The Life and Papers of Frederick Bates. 
 
 general nature which altho' pertinent and proper on the 
 present occasion, are not perhaps particular to it. I will 
 now say a few words in relation to your especial duties. 
 
 The Constitution of Grand Inquests was formed as it at 
 present stands, except some inconsiderable statutory alter- 
 ations so early as the English King Ethelred. That such 
 a mode for the prosecution of public wrongs, should have 
 had so early a commencement, and a continuance, without 
 intermission to the present day, proclaims loudly the 
 utility of the establishment, and that it is better calculated 
 than any other can possibly be, to answer the purposes for 
 which it was designed. Your Presentments will be of the 
 nature of accusations merely, and in this incipient stage, 
 you will hear evidence only on behalf of the prosecution; 
 but as far as your evidence goes, you should be thoroughly 
 persuaded of the truth of the charge before you proceed 
 to make the Presentment, and suffer not yourselves to be 
 satisfied merely with remote probabilities. You will present 
 within the District of Detroit all felonies, breaches of the 
 peace and of all penal laws and misdemeanors not capital 
 of every description generally, which may come to your 
 knowledge. I will not gentlemen, amplify, in tedious detail, 
 the duties which you are about to discharge, — they are 
 already familiar to you. May the stream of justice, neither 
 rush like a cataract, nor become stagnant with impurity; 
 but may it preserve its onward course in smooth and 
 equable progression, germinating the seeds of civil liberty 
 planted on its borders, applying a remedy to every mischief 
 and a redress to every wrong. 
 
 I cannot before I take leave of you avoid expressing 
 those novel emotions, which I at this moment experience, 
 on account of the singularity of our situation. Here, in 
 
The Detroit Period. 83 
 
 the fields, in an elegant Bower, which the ingenious 
 arrangements of the Marshal has prepared for our recep- 
 tion, we are convened for the administration of justice. 
 How naturally do our ideas recur to those days of primeval 
 simplicity, where the public concerns were transacted in a 
 similar manner. May we be as exempt from prejudice, 
 prepossession, and all other unworthy motives, as were 
 those fathers of mankind. But your oaths gentlemen have 
 sufficiently impressed the solemn lesson. Retire then, to 
 the leafy chambers to which the Marshal will conduct you, 
 and I beg you to rely on my assistance and support in the 
 performance of a trust so honorable to you as citizens, 
 and so necessary for the welfare and the happiness of the 
 District. 
 
 TO RICHARD BATES 
 
 Detroit, Sep 4. 1805 
 Dear Richard, 
 
 How melancholy of late, have been my informations from 
 Virginia. One Mail brings me the advice of our father's 
 death — after which, before I have taught myself to submit 
 with resignation to the decrees of Heaven, my feelings are 
 cruelly shocked with news of the untimely death of a 
 beloved sister, — cut off, in an instant, from husband, 
 friends, and society, by the hasty and unwarning light- 
 ning — Avast ! I am wrong — in this she was fortunate ; for 
 it is my opinion that the apprehension of death is its only 
 bitterness. Her short and innocent career has never, I 
 dare say, been sullied by vice, nor even tarnished by foible. 
 If there is an Elysium for happy spirits, I hope D[ea]r 
 Richd we shall meet her there. I am very happy that our 
 
/ 
 
 84 The Life and Papers of Frederick Bates. 
 
 Peggy has not sustained a lasting injury. How provi- 
 dential was her escape ! — One victim only was required. — 
 
 You have perhaps heard that I was last spring appointed 
 one of the three Judges of Michigan territory. It is an 
 honorable and a lucrative appointment, which I had not 
 solicited, and of which I had no intimation until I saw my 
 name in the News Papers. — I held a District-Court at 
 this place on the 19th ulto. and intended to have sent you 
 a copy of my address to the Grand Jury, but constant 
 business and bad health have heretofore prevented my 
 copying it. I must be vain enough to tell you that it was 
 applauded. 
 
 Make my affectionate respects to our Mothers and 
 Sisters. 
 
 TO AUGUSTUS B. WOODWARD AND JOHN GRIFFIN 
 
 [n. d. Probably 1806.] 
 
 I regret that my opinions should differ from those of 
 my colleagues on this question. It is difficult to change 
 those Principles which we have long thought true & which 
 we have suffered to govern our conduct without suspecting 
 their illegitimacy. In the case of Pettinson versus Chan- 
 donet I was of opinion that the laws of Indiana adopted 
 previously to the 1st July 1805 had not an obligation in 
 Michigan — That those laws were virtually at least 
 repealed by the Act of the Congress of the U. States 
 dividing the Indiana territory. — The 4th Sec : of that Act 
 is in these words — P. 242. — 'That nothing in this Act 
 contained shall be construed so as in any manner to affect 
 the Government now in force in the Indiana territory, 
 further than to prohibit the exercise thereof within the said 
 territory of Michigan from and after the aforesaid 30th 
 
The Detroit Period. 85 
 
 of June next. ' The Officers of Indiana, as mere Individuals 
 have no part of that authority contemplated in this section. 
 It can be nothing but the laws which speak thro' those 
 Individuals as a Vehicle or Medium, and the exercise of 
 that Authority or in other words those laws is expressly 
 prohibited. And the reason and nature of territorial 
 governments concur in support of the correctness of this 
 prohibition. — Our territorial Constitution has established 
 a government of a temporary and not of a permanent 
 nature. The adoptions of the Governor and the Judges are 
 laws within their Districts until the organization of the 
 general Assembly therein, unless disapproved by Congress 
 or repealed by the legislative department, but I apprehend 
 that their operation can never extend beyond the bounds 
 of those districts respectively. The words of the Ordinance 
 are 2 vol U. S. Laws P. 561. — And the 2d Article of 
 Compact P 564 contains these words — Now it is observable 
 that while the Ordinance provides merely for a temporary 
 government with regard to the duration of adoptions, that 
 Instrument on the other hand recognizes in all their force 
 the immemorially adopted Rules of the Common Law. — 
 Judge Tucker of Virginia, a learned and very distinguished 
 Editor of Mr Blackstone's Commentaries is of opinion that 
 the U. States as a federal association have no Common 
 Law ; Yet the ingenious theories of that enlightened Jurist, 
 appear to me inconclusive, when opposed to the express 
 allowance, which is given to that admired system in the 
 Constitution of the U. States and in our own Ordinance. 
 In one respect perhaps I have been in error — It is this. — 
 I imagined the question already settled by our Courts — 
 and what was merely devised to try the principle, I had 
 conceived to have been an adjustment of it. The supreme 
 
86 The Life and Papers of Frederick Bates. 
 
 court 12 Mos. ago, suffered an indictment found under the 
 Common Law to be prosecuted — to an acquittal indeed, — 
 but should not the obligation of the Law have been ascer- 
 tained before the Prisoner pleaded? — If the Statutes of 
 Indiana had not politically died, as they were known to 
 have changed the Common Law, as it regarded the subject 
 of that prosecution, the Jury, without the instructions of 
 the court, as they are the judges of the Law and the fact, 
 might have found the prisoner guilty under either count, 
 or under the laws of the Medes and Persians which never 
 change. — 
 
 This government has never considered itself bound by 
 territorial Precedents. It is their wish to avoid the errors 
 and profit by the experience of their Sister Districts. The 
 Common Law, the wisdom of which is attested by the 
 consequentive [sic] approbation of ages, together with our 
 own adoptions, have been if I mistake not, esteemed by us, 
 a code sufficiently ample for governments so temporary 
 and fleeting as those established by the Ordinance of 
 1787. — In a word, That the Laws of Indiana, except local 
 Statutes, vesting special rights, have not an operation in 
 Michigan is an opinion which has regulated my official 
 conduct, as far as those laws might be conceived, for 12 
 Months past — And that opinion remains unchanged. 
 
 TO AUGUSTUS B. WOOWARD 21 
 
 a Pittsburgh, Dec. 3, 1806. 
 
 We arrived two days ago, without fatigue or unpleasant 
 occurrence. All Pittsburgh is in commotion. Col. Burr's 
 
 si This letter is taken from the Michigan P. and H. Society, Collec- 
 tions, VIII, 557-558. 
 
The Detroit Period. 87 
 
 enterprise appears to be matured for execution, and large 
 stores of provisions are daily loading on board the boats 
 for the supply of his troops in the lower countries. Natchez 
 will be the rendezvous, but their object and destination are 
 altogether unknown, except to those in whom the leaders 
 have thought proper to confide. The most intelligent with 
 whom I have conversed appear to imagine that the army 
 will be composed of about ten thousand chosen men, who 
 will remain in the neighborhood of the Spanish settlements, 
 until a declaration of war, or other political events shall 
 authorize our government to justify the preparations, and 
 avow them as their own. Most of the young men in this 
 vicinity, respectable by birth, education and property are 
 descending the river. As soon as I am able to ascertain 
 the extent of their equipments I shall not fail to write you. 
 I settled your account at Cleveland and will give you the 
 receipt on my return. 
 
 Will not probably set out for "Washington in less than 
 five or six days. 
 
 WILLIAM HULL TO FREDERICK BATES 22 
 
 -r. ~ Detroit 17th December 1806. 
 
 Dear Sir: 
 
 By this mail, I have forwarded on application to 
 Congress for payment of the expenses attending the 
 stockades &c built last spring, by order of Mr. Gris- 
 wold. 23 — The Petition is sent to Genl. Varnum under cover 
 of a letter to the Secretary of War. As these expenses 
 were incurred for the public defence, and as you are well 
 acquainted with the necessity of them, I will thank you to 
 
 22 The letter was addressed to Washington, D. C. 
 
 23 Stanley Griswold, secretary of Michigan Territory. 
 
88 The Life and Papers of Frederick Bates. 
 
 give the Secretary, Genl. Varnum, 24 or any other Members, 
 information on the subject. 
 
 We are all well, and passing the winter pleasantly. The 
 storm seems to be subsiding. The Legislature have 
 adjourned, until called together by me, and I hope things 
 will become entirely tranquil. Judge Griffin has gone to 
 the River Raisin to pass the winter & Judge Woodward is 
 here. 
 
 They have committed the assignment of the donation 
 lots to me. 
 
 24 Joseph Bradley Varnum, representative in congress from Massa- 
 chusetts, 1795-1811. 
 
PART II 
 The First Acting-Governorship 
 
THE FIRST ACTING-GOVERNORSHIP 
 
 BATES' COMMISSION AS RECORDER OF LAND 
 TITLES IN LOUISIANA TERRITORY 
 
 Thomas Jefferson, President of the United States of 
 
 America, 
 To All Who Shall See These Presents, Greeting: 
 
 Know ye, That reposing special Trust and Confidence 
 in the Integrity, Diligence and Discretion of Frederick 
 Bates of the Territory of Michigan I have nominated, and 
 by and with the Advice and Consent of the Senate, do 
 appoint him Recorder of Land Titles in and for the 
 Territory of Louisiana; and do authorize and empower 
 him to execute and fulfil the Duties of that Office according 
 to law ; and to have and to hold the said Office, with all the 
 Rights and Emoluments thereunto legally appertaining, 
 unto him the said Frederick Bates during the Pleasure of 
 the President of the United States for the time being. 
 
 in testimony whereof, I have caused these Letters 
 to be made Patent, and the Seal of the United 
 (Seal) States to be hereunto affixed. 
 
 Given under my hand, at the City of Washington, 
 the Fourth Day of February in the Year of our 
 Lord one Thousand eight Hundred and Seven, and 
 of the Independence of the United States of 
 America, the Thirty first. 
 
 Th. Jefferson 
 By the President, 
 James Madison Secretary of State 
 
 (91) 
 
92 The Life and Papers of Frederick Bates. 
 
 THOMAS JEFFERSON TO THE GOVERNOR OF THE 
 TERRITORY OF LOUISIANA 
 
 Washington City 
 Sir, March 21st 1807. 
 
 Altho' the present state of things on the western side of 
 the Mississippi does not threaten any immediate collision 
 with our neighbours in that quarter, 1 and it is our wish 
 that they should remain undisturbed until an amicable 
 adjustment may take place ; yet as this does not depend on 
 ourselves alone, it has been thought prudent to be prepared 
 to meet any movements which may occur. The law of a 
 former Session of Congress for keeping a body of 100,000 
 Militia in readiness for service at a moments warning is 
 still in force. 2 
 
 But by an Act of the last Session, 3 a copy of which I now 
 enclose, the Executive is authorized to accept the services 
 of such volunteers as shall offer themselves on the condi- 
 tions of this Act, which may render a Resort to the former 
 Act unnecessary: It is for the execution of this Act, that 
 I am now to solicit your zealous endeavours. The persons 
 who shall engage will not be called from their homes, until 
 some aggression committed or intended shall render it nec- 
 essary. When called into action it will not be for a loung- 
 
 i The dispute with Spain regarding the boundaries of Louisiana, the 
 Burr conspiracy, and the fact that Spain became a party to the Berlin 
 Decree on February 19, 1807, produced a delicate situation. The pacific 
 disposition of the Jefferson administration and the French occupation of 
 Spain in 1808 prevented war. See F. E. Chadwick, The United States and 
 Spain, Diplomacy, 98-106; I. J. Cox, The West Florida Controversy, 267- 
 311; T. M. Marshall, History of the Western Boundary of the Louisiana 
 Purchase, 17-45. 
 
 2 Act of April 18, 1806, U. S., Statutes at Large, II, 383-384. 
 
 s Act of February 24, 1807. Ibid., II, 419-420. 
 
The First Acting-Governorship. 93 
 
 ing but for an active and perhaps distant service. I know 
 the effect of this consideration in kindling that ardour 
 which prevails for this service, and I count on it for filling 
 up the numbers requisite without delay. — 
 
 To yourself, I am sure it must be as desirable as it is 
 to me to transfer this service from the great mass of our 
 Militia to that portion of them to whose habits and enter- 
 prize active and distant service is most congenial. 
 
 In using therefore your best exertions towards accom- 
 plishing the object of this Act you will render to your 
 constituents as well as to the nation a most acceptable 
 service. With respect to the organizing & officering those 
 who shall be engaged within your State the Act itself shall 
 be your guide. And as it is desirable that we should be 
 kept informed of the progress in this business I must pray 
 you to report the same from time to time to the Secretary 
 of War, who will correspond with you, on all the details 
 arising out of it. 
 
 GALLATIN TO BATES 4 
 
 Treasury Department, 
 
 April 2d 1807. 
 Sir, 
 
 I have the honor to enclose the copy of an Act of 
 Congress passed during their last session, entitled, "An 
 act respecting claims to Land in the Territory of Orleans 
 & Louisiana", which I request may be communicated to 
 the Board. — The rule established by the 4th section of the 
 
 ■* Original in the Treasury Department, Mail "N-O," 3434. 
 
94 The Life and Papers of Frederick Bates. 
 
 act, & by which the Commissioners must decide on the 
 several descriptions of claims submitted to them, that is to 
 say, the Spanish laws & established usages & customs may 
 in some instances be at variance with the Eegulations 
 prescribed by the instructions transmitted in my letter of 
 the 8th Septr. last, 5 and whenever such variance does in 
 the opinion of the Board exist, the instructions must be 
 considered as so far superceded by the law. — It is however 
 necessary to observe, 1st That all the former opinions of 
 the Board must necessarily be revised, the Commissioners 
 having full power to annul, modify or confirm the same, 
 as on examination shall to them appear proper; 2ndly 
 That the opinion of the Attorney General transmitted in 
 letter of the 26th March 1806 8 is not as it relates to the 
 quantity of Land allowed under an act of Congress affected 
 by the rule established by the 4th section of the last law, & 
 must therefore be considered as still in force for which 
 reason no patent will issue on Certificates granted by the 
 Commissioners for that species of claim, for a greater 
 quantity of Land than the maximum stated, in the said 
 opinion: 3rdly That the instructions must be considered 
 as still in force, as relates to all the claims on which the 
 Commissioners are not authorized to make a final decision. 
 But if they shall think any part of the said instructions 
 productive of embarrassment or injustice, & they will 
 suggest any modification or alteration, their representation 
 on that subject will meet with attention and be submitted 
 to the President. 
 
 The object of Government has uniformly been a consuma- 
 
 5 This letter has not been found. 
 « This letter has not been found. 
 
The First Acting-Governorship, 95 
 
 tion of equitable claims; & a rejection of all frivolous or 
 fraudulent pretensions. Circumstances well known to the 
 Board & on which it would be unpleasant to dwell, rendered 
 it necessary for the Executive to counteract a dangerous 
 laxity, by the most rigid construction of the Law. It is 
 confidently expected that the liberality of the principles 
 adopted by the last act, & the great discretion vested 
 thereby in the Commissioners, intended as they are for the 
 purpose of satisfying & quieting the titles of a great 
 majority of the Inhabitants of the Territory, will not on 
 the other hand be abused, so as to give countenance to 
 fraud & rapacious speculation. 
 
 So far as relates to the claims on which the Commis- 
 sioners are authorized to make a final decision, & which 
 they may confirm, it does not appear necessary to adhere 
 to the forms transmitted in my letter of the 14th November 
 last, & in lieu of the said forms, the following regulations 
 are instituted. 
 
 The form of certificate to be issued by the Commissioners 
 in favor of claimants, may perhaps vary according to the 
 nature of the claim and must therefore be fixed by them, 
 observing only 1st That whether they adopt one or more 
 forms, they should transmit a copy of each such species 
 of form, to this office, & deliver another duly attested to 
 the Eegister : 2ndly That the Certificates must be numbered 
 progressively from No. 1. upwards according to the order 
 in which they are issued ; 3rdly That each certificate should 
 specify the names of the original claimants & present 
 owner, the nature of the claim (whether settlement right, 
 Spanish order of Survey &c.) and the situation of this 
 tract granted, designating the County or District, and the 
 water courses, and should also either refer to the date & 
 
96 The Life and Papers of Frederick Bates. 
 
 nature of Survey, if already executed, or direct with 
 precision where & how it is to be surveyed, stating in 
 either case the contents in acres or arpens. — As soon as 
 they shall have commenced to issue Certificates, it will be 
 necessary as a further check on any fraud, that a monthly 
 list of the certificates issued during the proceeding [sic] 
 month, should be transmitted to this office, & another 
 delivered to the Board, That a list of which the form A, is 
 enclosed must be signed by the Clerk of the Board, who 
 will as the certificates are issued keep a Register of the 
 same form with references to the Books in which the 
 decisions of the Board are recorded. 
 
 The patent certificates issued by the Register must be 
 entered by him in a book to be kept for that purpose only, 
 & a monthly return of the form B be made to this Office 
 of the certificates issued during the proceeding month. A 
 form (C.) of the certificates themselves is also enclosed, 
 on which the blank left for the boundaries must be a tran- 
 script of the Surveyor's return, & which as will appear by 
 the form must designate whether the land has been 
 surveyed by the Surveyor of the Public Lands of the U. S. 
 (or by his Deputy), or by a former Spanish Survey. — 
 
 The act of last session has prescribed that the report of 
 the Commrs. on claims rejected by them, or on which they 
 had not power to make a final decision, shall be arranged 
 into three general classes, each of which may be considered 
 as a distinct transcript & be subdivided in the manner 
 proscribed [sic] by the forms transmitted in my letter of 
 14th November last: But in that respect also, if any part 
 of those forms appears to the Board perplexing, their 
 suggestions of modification or alteration will be duly 
 considered. 
 
The First Acting-Governorship. 97 
 
 Messrs. Lucas 7 & Penrose 8 are authorized to draw for 
 the balance of the compensation of Two thousand dollars 
 due to them under the former law, and the balance due 
 under the same act to the Clerk & translator will likewise 
 be paid on the draft of the parties respectfully accom- 
 panied with a certificate signed by a majority of the present 
 Board, stating that he or they are entitled to the same — 
 From & after the first of October next, afterwards each of 
 the Commrs. (yourself included) the Clerk & Translator 
 may draw quarterly for their salaries as they become due. 
 But each draft should be accompanied with a certificate 
 signed by Two of the Commrs. & stating that the party 
 has during that quarter attended to the duties of his 
 Office. You will be pleased to give General notice of the 
 5th section of the act, particularly in the distant Districts : 
 and although the law has not provided any compensation 
 for that object in Louisiana, it would not perhaps be 
 improper if you find it practicable to authorize some person 
 in those Districts to receive claims in your stead, & transmit 
 the papers to you. — 
 
 " John Baptiste Charles Lucas was born in Normandy. He graduated 
 from the University of Caen in 1782 with the degree of D. C. L. In 1784 
 he came to the United States and settled on a farm near Pittsburgh. 
 He engaged in trading expeditions to New Madrid and in 1791 brought 
 Henry Brackenridge to Louisiana to study French with a French family. 
 In 1792 Lucas became a member of the Pennsylvania legislature, and 
 served six years. In 1802 he was elected to congress, succeeding Albert 
 Gallatin as representative from the Alleghany District. He was reelected 
 in 1804 but soon resigned to become a judge of the District of Louisiana. 
 He served on the board of land commissioners, 1805-1812. The Lucas 
 house, the first one built on the "hill", stood at the northwest corner of 
 Market and Seventh streets, St. Louis. It was built in 1811. 
 
 s Clement Biddle Penrose was born at Philadelphia on February 20, 
 1771. In 1803 he ran for congress on the democratic ticket but was 
 defeated. In 1805 he was appointed one of the land commissioners of 
 Louisiana Territory. 
 
98 The Life and Papers of Frederick Bates. 
 
 TO MERIWETHER LEWIS 9 
 
 St. Louis April 5th 1807. 
 Sir, 
 
 In compliance with your request, I now write you, tho' 
 nothing has transpired, since my arrival, on the 1st inst. 
 which would have required special communication. — Doct. 
 Browne 10 has been sometime absent from St. Louis, prob- 
 ably at the Lead Mines of Colo. Smith, 11 and is not 
 expected to return in less than a week. Unless his stay is 
 unreasonably protracted, I shall not take upon myself the 
 discharge of duties, heretofore confided to him. — The 
 People have already received intimations, that you are 
 
 9 On March 3, 1807 General James Wilkinson was removed from the 
 governorship of the Territory of Louisiana, and Lewis was appointed as 
 his successor. The letter was addressed to Washington, D. C. 
 
 10 Joseph Browne was a brother-in-law of Aaron Burr. In 1805 he 
 was appointed secretary of the Territory of Louisiana. On March 18, 
 1806 Wilkinson appointed him first judge of the court of common pleas 
 and quarter sessions of the District of St. Louis. He continued to act as 
 secretary and during the last months of the Wilkinson regime was acting 
 governor. Bates succeeded him as secretary. Until the arrival of Lewis, 
 Bates was acting-governor. 
 
 ii John Smith T was born in Georgia. When a young man he moved 
 to the neighborhood of Nashville, Tennessee. He eventually moved to 
 Kentucky, settling on the Ohio River near the mouth of the Cumberland. 
 The town of Smithland is named after him. About 1804 he moved to the 
 Ste. Genevieve District. At Shibboleth he improved a farm and engaged 
 in mining operations. For a time he served as judge in the Ste. Genevieve 
 District court of common pleas and quarter sessions. He was a supporter 
 of Aaron Burr and made an unsuccessful attempt to join the Burr expe- 
 dition. At one time he had an interest in the Dubuque lead mines. 
 Smith was a picturesque character. He added the T to his name to dis- 
 tinguish him from others of the same name and to show that he came 
 from Tennessee. It is said that he usually carried two pistols in his 
 belt, two in his pockets, and a dirk in his bosom. He was a noted duelist. 
 His most famous duel was fought in 1819 when he killed Lionel Browne, 
 a nephew of Aaron Burr. For an interesting account of Smith, see John 
 F. Darby, Personal Recollections, 84-97. 
 
The First Acting-Governorship. 99 
 
 probably before this time appointed their Governor and 
 from the best informations which I have been able to 
 collect, it will be in your power to reunite the contending 
 parties. Even the friends of Wilkinson, will be satisfied 
 and perhaps pleased with your government, since they are 
 to lose the General. Harmony, I am sure may be easily 
 restored: It requires nothing but integrity, — firmness, 
 and a good understanding among the officers of Govern- 
 ment. And I cannot avoid considering it as particularly 
 unfortunate that the strength of Administration should 
 have been impaired in the imaginations of the People, and 
 its name brought into disrepute by the dissensions of the 
 former officers. I take a pleasure in expressing the opinion, 
 that you have a fair opportunity of establishing a lasting 
 reputation in Louisiana, by composing the unhappy divi- 
 sions of her Inhabitants. When these People saw the 
 Agents of the General Government, quarrelling among 
 themselves, it is not at all, to be wondered a,t, that those 
 Agents would fall into contempt. 
 
 The Judges 12 are both out of town. I have yet seen 
 neither of them. With Mr Penrose one of the commis- 
 sioners, 13 I have had several conversations : and am willing 
 
 12 The organic act of March 3, 1805 by which the Territory of 
 Louisiana was created provided that the legislative power should be 
 vested in the governor and three judges, or a majority of them. The 
 judges were to hold two courts annually at such place as would be most 
 convenient to the inhabitants. U. S., Statutes at Large, II, 331. 
 
 is A federal act of March 2, 1805 provided for the creation of a 
 board of land commissioners. Sec. 5 read in part, "That two persons to 
 be appointed by the President alone, for the district of Louisiana . . . 
 shall together with the register or recorder of the district ... be 
 commissioners for the purpose of ascertaining . . . the rights of 
 persons claiming under any French or Spanish grant ... or under 
 the two first sections of this act." A majority of the board had power 
 to make decisions. U. S., Statutes at Large, II, 327. 
 
 The first board was composed of J. B. C. Lucas, James L. Donaldson, 
 
100 The Life and Papers of Frederick Bates. 
 
 to Lope that differences of opinion on the land subject will 
 occur less frequently than at the former Board. 
 
 I think you desired me to deliver personally your letter 
 to Madame Provonchere. 14 I have not yet done so, as she 
 resides at some distance from St. Louis. 
 
 TO JOSEPH BROWNE 
 
 St. Louis Apr 7. 1807 
 Sir, 
 
 As soon as it may be convenient to you, it will be my 
 duty to receive the books, papers and whatever else may 
 belong to the Secretary's office. This subject was not 
 mentioned at our first interview, as I did not want to give 
 you unnecessary trouble, so immediately on your return 
 from the country. 
 
 TO MERIWETHER LEWIS 
 
 St. Louis, April 7. 1807 
 Sir, 
 
 I have this morning had a conference with Doct Browne 
 who returned, last evening from the Mines. He appears 
 
 and Clement B. Penrose. Charles Gratiot was elected clerk and held that 
 position until July, 1807, when he was succeeded by William Christy. 
 Frederick Bates succeeded Donaldson. 
 
 i*Antoine Nicholas Pierre Provonchere was the son of a prominent 
 French refugee, the father having been the preceptor of the Duke of 
 Berri. The son came to St. Louis a few years before the transfer of 
 Louisiana to the United States. On July 9, 1803 he married Mary Jero- 
 nima Rutgers, the daughter of a Dutch merchant of St. Louis. She was 
 probably the Madame Provonchere referred to. Frederick L. Billon, 
 Annals of St. Louis . . . under the French and Spanish Dominations, 
 480-481. 
 
The First Acting-Governorship. 101 
 
 to imagine himself treated with hardships : — And his sen- 
 sibilities seemed so awakened that I did not press him for 
 an immediate delivery of the records. That subject shall 
 be attended to tomorrow. 
 
 Altho' I have yet seen neither of the Judges I under- 
 stand it to be their united opinion, that they should, at an 
 early day be called together in their legislative capacities. 
 This is a measure which I would willingly suspend until 
 your arrival. But if, after a consultation with those gen- 
 tlemen, it appears that any desirable object could be 
 attained by the meeting, their wishes I think, ought to be 
 complied with. — 
 
 Many of the Partizans of General Wilkinson calculate on 
 your treading in his footsteps. It is not for me, to 
 strengthen such hopes — and were I permitted by you, it 
 would be inexpedient to contradict expectations, which may 
 have a tendency to allay the fervors of party, and to take 
 the fiery edge from animosities which have heretofore 
 existed to the disgrace of the Government. For myself, 
 I never was fearful of doing my duty, and as long as I act 
 under the convictions of an unbiassed judgment, I shall 
 never either fear the censure, nor hope for the applause 
 of any but those to whom I am indeed accountable. 
 
 My promises to write frequently shall not be forgotten. 
 Every important measure of the government shall be 
 promptly communicated, and I shall hope . . . 15 that 
 you will be liberal in your remarks, as on those measures, 
 may, possibly in some degree depend, the tranquility of 
 your future government. 
 
 Pardon the haste in which I have written. The Mail 
 
 is The manuscript is illegible at this point, but the omission does not 
 change the sense. 
 
102 The Life and Papers of Frederick Bates. 
 
 closes at 2 o'clock and the morning has been consumed in 
 conversation with Doct Browne. 
 
 There are Letters, I am told, in town which announce 
 your appointment positively. 
 
 I heartily congratulate you on the event. 
 
 TO JOSEPH BROWNE 
 
 Arrived at St. Louis April 1. 1807 — Secretary Browne 
 absent. On his return, addressed to him the following : — 
 
 Sir, St. Louis April 7. 1807 
 
 If the Secretaryship of this territory was not vacant by 
 resignation, I feel it a painful duty to advise you, that I 
 have been appointed to that office. For altho' personally 
 unknown to you, I am no stranger to the high estimation 
 in which you stand with the People of St. Louis. Be so 
 obliging as to intimate to me when you will be at leisure, 
 and I will have the honor of making you in person those 
 respects, with which I am &c. &c. 
 
 TO AUGUSTE CHOUTEAU, ACTING INDIAN AGENT 
 
 St. Louis April 9. 1807. 
 Dear Sir, 
 
 I have this morning reed an intimation from Judge 
 Lucas that Joseph Papin 16 has been bound under Recog- 
 nizance to appear before the General court at the next 
 
 is As early as 1776 Joseph M. Papin was a prominent merchant of 
 St. Louis. He married a daughter of Madame Chouteau. He was a 
 member of the first grand jury that convened in St. Louis. 
 
The First Acting-Governorship. 103 
 
 May term to answer the charge of having committed a 
 violence upon the person of an Indian belonging to the 
 united tribes of the Sacs and Foxes. This offence is 
 alledged to have been committed on the Mississippi about 
 20 miles above the mouth of the Eiver Des Moines. It is 
 also intimated to me by the Judge that William Obanon 17 
 and William Ewing 18 who reside under the authority of the 
 United States, among the said united tribes and without 
 the jurisdiction of the General Court, have a knowledge 
 of the commission of the said offence. Under these circum- 
 stances I deem it my duty to order that the said William 
 Obanon and William Ewing, if in the service of the United 
 States in the Indian department appear at St Louis on the 
 first day of the next General Court to bear testimony in 
 relation to the said alledged violence or murder. 
 
 These orders I hope you will communicate with all 
 convenient dispatch. 
 
 TO MERIWETHER LEWIS 
 
 St. Louis April [28], 1807 19 
 Sir, 
 
 Nothing but an actual experience could have fully 
 informed me of the extent of those duties and responsi- 
 bilities, which in your absence, it will be necessary for me 
 
 17 William O'Bannon was associated with William Eaton in the cap- 
 ture of Derne which brought the war with Tripoli to a close. In 1807 
 he was interpreter at the Sacs villages. 
 
 is In 1806 William Ewing was placed among the Sacs to instruct 
 them in the arts of husbandry. Jacob Van der Zee, "Fur Trade Opera- 
 tions in the Eastern Iowa Country from 1800 to 1833," in Iowa Journal 
 of History and Politics, XII, 494. 
 
 is A copy of a portion of this letter dated April 28 was found, making 
 it possible to supply the exact date. 
 
104 The Life and Papers of Frederick Bates. 
 
 to take upon myself. And these duties, as respects Indian 
 Intercourse are sometimes doubtful and difficult to ascer- 
 tain. — As Superintendent I have lately received a note 
 from Judge Lucas, desiring that Ewing and Obanon two 
 persons in the service of the Indian department among 
 the Sacs & Foxes 20 may be sent for, in order to substan- 
 tiate at the next General Court a charge of * violence or 
 murder' committed on the person of an Indian by a citizen 
 of this territory. These witnesses are I presume under 
 the orders of the Superintendent and reside without the 
 jurisdiction of the court. I have not hesitated therefore 
 to dispatch a canoe for them, tho' the expense attending 
 it may probably amount to one hundred dollars. — On the 
 Indian Subject I have had little more than the law to guide 
 me; and that you know is general. A great deal has no 
 doubt grown out of the discretion which is vested in the 
 President, and a portion of which he has probably 
 permitted the Superintendents sometimes to exercise in 
 the establishment of regulations. None of these papers 
 have been turned over to me, among the other Records of 
 the Territory; and I very often find myself totally in the 
 dark on subjects of very material consequence. — For 
 instance, with respect to Indian Trade on the Missouri: 21 
 
 20 The territory between the Des Moines and the Missouri rivers, and 
 east of Grand River was the undisputed possession of the Sacs and Foxes 
 when the United States acquired Louisiana. There were three main 
 ~- - villages: one was south of the Des Moines in what is now Missouri; 
 another north of the Des Moines near the present state line; and a third 
 at the mouth of Rock River in Illinois. The tribes were perfectly con- 
 solidated until the Treaty of 1804, which brought about a schism. For 
 trade with the Sacs and Foxes, see Wisconsin Historical Collections, IX, 
 148. 
 
 2i Section 7 of an act of March 30, 1802 regulating trade with the 
 Indian tribes specified that each trader among the Indians must have a 
 
The First Acting-Governorship. 105 
 
 Shall Licenses be granted to trade among those nations, 
 with whom the U. States have heretofore had no inter- 
 course : And shall the right to deny to foreigners, a partici- 
 pation in the trade west of the Mississippi be enforced? 
 
 Mr Madison in his correspondence with the British 
 Minister 22 has demonstrated this right ; but no orders were 
 sent to Governor Wilkinson, who in the latter part of his 
 governorship, as I learn from my Predecessor, granted his 
 Licenses indiscriminately to citizens and foreigners. 
 
 I have however demanded, and until instructed other- 
 wise, shall continue to demand evidence of citizenship, or 
 residence in the territory on 30th of April 1803 ; 23 and in 
 some instances shall cause oaths of abjuration to be admin- 
 istered. 
 
 Rogers 24 a Shawanoe chief whose town is at the head of 
 the Meramac has demanded protection against the medi- 
 
 license granted under the seal of the superintendent of the department 
 or person authorized by the President. For the complete act, see U. S., 
 Statutes at Large, II, 139-146. 
 
 22 Anthony Merry, the British minister, received his notice of recall 
 about June 1, 1806. He lingered on at Washington for several months 
 and was in communication with the department of state as late as 
 November. He was succeeded by David Montague Erskine. On Novem- 
 ber 28, 1806 Madison wrote to Monroe and Pinkney as follows: "This 
 letter . . . will be put into the hands of Mr. Merry, who, in conse- 
 quence of the arrival of Mr. Erskine, is now on his return." American 
 State Papers, Foreign Relations, II, 141. 
 
 23 The treaty by which the United States acquired Louisiana was 
 signed on April 30, 1803. 
 
 24 Lewis Rogers was the chief of a small band of Shawnees and Dela- 
 wares who lived on the upper Meramec. Peck, who came in contact with 
 him in his missionary work, says, "Mr. Rogers was originally a white 
 man, taken prisoner in boyhood, and so trained in Indian habits and 
 tactics, that in mind, temper, disposition, and inclinations, he was com- 
 pletely an Indian. He took for a wife a squaw, who was the daughter 
 of a chief, and through his influence and his own superior talents he 
 held the office of commander in that band." At one time Rogers had 
 
106 The Life and Papers of Frederick Bates. 
 
 tated hostility of the Osages. 25 The latter are said to have 
 stolen horses from the Delawares and from the white 
 People, in attempting to retake which, Rogers' party 
 killed two of their young men. The Osages have threat- 
 ened a retaliation, and Rogers' People of whom, not more 
 than 20 are fighting men will be probably cut off. It is 
 impossible for me to afford him any effectual protection. — 
 
 Mr. Choteau 26 is daily expected — when he arrives, I 
 shall be freed from much of my present perplexity & 
 embarrassment. 
 
 As to fees on Indian Licenses — I have altogether 
 declined the acceptance of them; for I believe that the 
 present situation of the country demands the most cautious 
 and circumspect conduct. It would pain exceedingly to 
 reflect that my temporary exercise of the government 
 should be such as to impair any of your rights, or to curtail 
 
 commanded a band along the Ohio, but after Wayne's victory, in 1794 he 
 and his followers migrated west of the Mississippi. Rufus Babcock, 
 Memoir of John Mason Peck, 111-113. 
 
 25 Up to 1820 the largest section of the Great Osages dwelt on the 
 upper reaches of the Osage River. The principal village was about 
 seventy-five miles south of Fort Osage. Another group lived on the 
 Neosho about one hundred and thirty miles from Fort Osage. The Little 
 Osages dwelt in three villages on the Neosho. The commercial rivalry 
 of the Chouteaus and Lisa caused one group of Osages to move to a site 
 near the Arkansas River. 
 
 26 Pierre Chouteau was born at New Orleans on October 10, 1758. He 
 was a younger brother of Auguste Chouteau who assisted Laclede in the 
 founding of St. Louis. From early manhood Pierre engaged in the fur 
 trade and soon established a position of influence among the Indians, 
 especially among the Osages. For many years during the Spanish regime 
 he was in command of Fort Carondelet on the Osage River. After the 
 cession of Louisiana he was the first to receive the appointment of Indian 
 agent. He negotiated the treaty of 1808 with the Osages. He was one 
 of the owners of the first Missouri Fur Company, and was prominent in 
 the American Fur Company. The Missouri Historical Society possesses a 
 large collection of Chouteau papers. 
 
The First Acting-Governorship. 107 
 
 your emoluments. Those perquisites may perhaps be justi- 
 fied by the usages and customs of the Spanish Government, 
 but malus usus abolendus est 27 and when we are endeav- 
 ouring to establish the empire of the laws ; and to substitute 
 those laws in the place of the arbitrary Rescripts of pro- 
 consular Agents, 28 it becomes us to give to the country 
 examples of moderation, forbearance and self denial. — 
 Already had the People begun to suspect that the U. States' 
 Agents in this country were totally indifferent as to the 
 accomplishment of the objects of their appointment, 
 provided they could grow rich from the most merciless 
 extortions, and fill their coffers with official plunders. 
 Already had indictments been found by the grand Juries 
 for some of these extortions, and dispositions were daily 
 manifested by the People to enquire into and precisely 
 ascertain the demarkations of authority. 
 
 After viewing this subject in all its bearings and conse- 
 quences, I sincerely hope and believe that my conduct will 
 be found to merit your approbation. 
 
 The situation of the territory requires that the Legis- 
 lature should convene at an early day : And at the instance 
 of the Judges I shall desire a meeting some time in the 
 
 27 Bad usage ought to be abolished. 
 
 28 O'Reilly, the Spanish governor general and captain general of 
 Louisiana, in March, 1770 established the office of lieutenant-governor 
 of "San Luis, San Genoveva and the district of Ylinneses." This was 
 approved by the king August 17, 1772. The lieutenant-governor was the 
 chief executive and judicial officer in Upper Louisiana. He commanded 
 the military, supervised the collection of public monies, enforced and 
 made known the laws and ordinances, and, until interfered with by the 
 regulations of Morales, made land grants from the royal domain. He 
 often sat as a judge and received appeals from minor courts. He was 
 subordinate to the governor general and intendant at New Orleans, but 
 in practice he was given very free rein. 
 
108 The Life and Papers of Frederick Bates. 
 
 month of May. Here again I have great cause to lament 
 your absence. There are very many subjects which require 
 legislative provision, and it would be desirable in bringing 
 about those changes which must take place, that the perma- 
 nent executive should have a cooperation from the com- 
 mencement of the arrangement. 
 
 I have not yet been supplied with all the laws of the U 
 States. Those of the 7th & 9th Congress have not been 
 forwarded. Will you take the trouble of desiring Mr 
 Madison to cause them to be transmitted. 
 
 Some doubts have existed with respect to the propriety 
 of the Secretary's exercising the Government, unless 
 during a vacancy occasioned by resignation, removal or 
 death : and it has been enquired whether the mere absence 
 of the Governor from the Territory, creates such vacancy 
 as the law contemplates. I have however taken the respon- 
 sibility upon myself, and the Judges will acquiesce in the 
 construction which has been indirectly given by the Presi- 
 dent. 
 
 I have not yet experienced so much ill natured oppo- 
 sition as I had expected: Yet the minds of the factions 
 are by no means tranquil. Some of them are shifting their 
 sails to catch the changing breeze. Some designing Plans 
 of counteraction; others foolishly predicting that I shall 
 not be six months in the country — and all from the con- 
 trary motives of hostility and friendship anxious for your 
 arrival: For contrary to my first expectation you must 
 expect to have some enemies. For myself I shall endeavor 
 to remain behind the ramparts of the laws, and hope that 
 there I shall be unassailable. I know that I shall deserve 
 censure: that I can not on all occasions act in such a 
 manner as to exempt myself from it. Yet believe me I am 
 
The First Acting-Governorship. 109 
 
 in greatest dread of those censures and those accusations 
 which T shall not have deserved. 
 
 A PROCLAMATION 
 
 By Frederick Bates Secretary, exercising the Government, 
 & the office of Commander in chief of the Territory of 
 Louisiana 
 
 Whereas the President of the United States by his letters 
 patent dated at Washington City on the 12th day of March 
 last, appointed William Clark Esquire Brigadier General 
 of the Territory of Louisiana. 
 
 Now therefor I do strictly enjoin and require that, in the 
 leading ordering and exercising the Militia of this terri- 
 tory, the said William Clark Brigadier General as afore- 
 said, be respected and obeyed by the officers and soldiers 
 under his command. 
 
 In testimony whereof I have hereunto affixed the terri- 
 torial seal and subscribed my name at Saint Louis the first 
 day of May In the year of our Lord, one thousand eight 
 hundred and seven and of the Independence of the U. 
 States the thirty first. 
 
 F. BATES. 
 
 TO JOHN SMITH T 
 
 St. Louis May 1. 1807 
 Sir, 
 
 Since I had the honor of exercising the Government of 
 Louisiana, my constant endeavor has been to acquire 
 correct information, with respect to the late and the 
 existing state of territorial affairs. My enquiries on the 
 
110 The Life and Papers of Frederick Bates. 
 
 subjects terminate in a conviction that you should no longer 
 remain in the discharge of official duties either civil or 
 military ; and I have thought proper to revoke as well your 
 commission of Justice of the general quarters Sessions of 
 the Peace for the District of St. Genevieve, as those of 
 Lt. Colo, in the Militia and commissioner under the act 
 for raising District Eates and Levies. 29 
 
 It is not to excite your sensibilities but to convince you 
 of my justice in this Proceeding, that I must be permitted 
 to make one remark: you have resisted a public officer in 
 the legal and proper discharge of his duties ; your menaces 
 and the intimidations you have thrown forth have 
 prevented the execution of a warrant issued by one of the 
 Judges of the Territory. 
 
 You must then I think be convinced that altho ' the discre- 
 tion of the Executive with respect to removals ought to be 
 cautiously exercised, yet that in the present instance, these 
 revocations were the only measures which could be adopted 
 consistently with the interests and the dignity of the 
 Government. 
 
 TO FREDERICK WOODSON 
 
 St. Louis May 1. 1807 
 Deab Uncle, 
 
 You desired me to give you some account of Louisiana; 
 but until I have leisure to visit the several settlements, 
 
 29 a territorial act of July 8, 1806 provided that the governor appoint 
 three commissioners in each district. The judges of the courts of com- 
 mon pleas and quarter sessions divided each district into convenient 
 divisions and appointed two assessors for each division. The commis- 
 sioners and assessors acted in their respective districts as a board to 
 audit and adjust debts of the districts, and determined the amounts to 
 
The First Acting-Governorship. Ill 
 
 and gather informations from actual observation my 
 descriptions must be partial and unsatisfactory. I have 
 however just returned from an excursion of ten days, two 
 of which were spent at the Lead Mines, and I cannot for- 
 bear making some observations, on that valuable staple of 
 this newly acquired country. To say, that those engaged 
 in the prosecution of the Lead-Business, will enrich them- 
 selves beyond the visions of Fancy or the dreams of avarice 
 would be forsaking that sober narrative manner which I 
 have prescribed to myself: But this I will say, that few 
 labors or pursuits in the U. States, yield such ample, such 
 vast returns. — A slave, with a Pick and a Shovel is 
 supposed to do nothing, if the nett proceeds of his labor, 
 do not amount, annually, to the sum of 400 dollars — the 
 price which his master has probably paid for him ; — for 
 laborers with us sell as high as Mechanics with you. Mr. 
 Austin, 30 formerly of Richmond, is more largely concerned 
 in this business than any other person at the Mine A 
 Burton. He obtained some years ago, a grant from the 
 Spanish Government, for the tract where he now lives, 
 and on which he has established Furnaces and other works 
 for the manufacture of Lead, on an extensive scale. The 
 
 be raised for public purposes. For the entire law, see Laws of a public 
 and general Nature of the District of Louisiana, of the Territory of 
 Louisiana, of the Territory of Missouri, and of the State of Missouri up 
 to the Year 1824, I, 69-78. Referred to henceforth as Mo. Territorial Laws. 
 so Moses Austin was born at Durham, Connecticut, in 1761. In 1793 
 he became a partner in a mercantile firm in Philadelphia. The same year 
 he took charge of a branch store in Richmond. In 1789 he became in- 
 terested in lead mines on New River, Virginia. In 1797 he obtained a 
 grant at Mine a Burton and soon became the largest lead mining operator 
 in Upper Louisiana. For his entire career, see Eugene C. Barker, The 
 Life of Stephen F. Austin, 1-31; The Austin Papers (Barker, ed.), Ameri- 
 can Historical Association, Ann. Rpt., 1919, II, Pt. 2, pp. 1-398. 
 
112 The Life and Papers of Frederick Bates. 
 
 diggings are generally about six feet wide and from 12 to 
 20 feet deep. Until the wealth of the surface is exhausted, 
 the Miners will not encounter the labors and the delay of 
 deeper excavations. The mineral collected from these 
 diggings is either melted by the laborers themselves in 
 Log-Furnaces (which is a wasteful method) or sold to 
 Mr. Austin the Proprietor of the regular Furnace. My 
 future plan is, when circumstances enable me to accom- 
 plish it, to purchase a Farm in the adjoining settlement of 
 Belle View, 31 which I will cultivate with a few blacks, who 
 may be employed at particular seasons of the year, in 
 digging mineral. This object cannot however be imme- 
 diately attended to, as the titles to lands are not yet 
 adjusted, and the tenures particularly in the neighbourhood 
 where I should chuse to establish myself, remain unascer- 
 tained and insecure. The soil here, is of a very good 
 quality, and produces small grain in abundance; but it 
 must be acknowledged that it is less fertile than that of 
 the Bon Homme and St. Charles settlements in the vicinity 
 of the Missouri. But it unites two advantages Farming & 
 Mineral, the latter of which is all important in my esti- 
 mation. — These observations apply particularly to Mine 
 A Burton and its neighbourhood — but the whole adjacent 
 country, for 150 miles by 100 (from the Meramac to the 
 St Francis River) is interspersed with very rich Strata 
 of Lead. No search has been unsuccessful; it is found in 
 every direction whereever the experiment has been made. 
 The produce of this inexhaustable fund, will be sufficient 
 with proper management, at some future day, to defray 
 the expences of the United States ! You will tell me per- 
 haps that this is an exaggerated Statement and it is surely 
 
 si Bellevue, near Mine a Burton. 
 
The First Acting-Governorship. 113 
 
 possible that I may be mistaken, yet believe me, it is an 
 opinion which I very deliberately and firmly entertain. 
 The Soil between these two Rivers is not always rich: It 
 is on the hills even sterile and stoney ; but the vallies make 
 you ample amends. They are rich beyond the conception 
 of a Virginia Planter, and refreshed with streams, pure, 
 rapid and constant, I am told, thro' the whole year. They 
 are, what you emphatically call 'never failing streams 9 
 Mills are sometimes erected within thirty steps of the 
 springs which supply them water. Upon the whole, this is 
 a country in which an independence is very easily acquired. 
 Attention rather than labor is requisite — care, rather than 
 force. The natural grass is abundant; cattle are raised 
 at very little expence, and the Farmer or Planter enjoys 
 all those blessings which a good soil and a temperate and 
 healthful climate can afford. Wild animals of a variety of 
 kinds are found in abundance, and there are Hunters by 
 profession who follow nothing but the chase for a subsis- 
 tence. And I am persuaded that these Erratics would not 
 exchange the pleasures of the forest, for all the wealth and 
 honors which could be heaped upon them in civil life. As 
 to Markets, it is impossible that I should say much in their 
 favor. Our surplus produce is indeed taken to New Orleans 
 with great facility, but the return is difficult, insomuch that 
 some of our merchants are supplyed with articles of for- 
 eign manufacture, from Montreal and others from Phila- 
 delphia & Baltimore. — 
 
 As to Society — It is miscellaneous and accidental; Yet 
 mankind are always and every where the same — trifling 
 shades of difference are immaterial. The wise and the 
 foolish; the honest man and the knave; the Slanderer and 
 the Slandered, sometimes meet as in other countries — 
 
114 The Life and Papers of Frederick Bates. 
 
 break each others heads with a cudgel perhaps, and there's 
 an end. We have among us a set of men turbulent and 
 ungovernable in their dispositions, which I believe may be 
 accounted for, from that spirit of enterprize and adventure 
 which brought them first into the country. They were 
 originally Citizens of the U. States, and allured west of 
 Mississippi by the generous encouragements of the Spanish 
 Government. But would you believe that we have also 
 among us, some venerable revolutionary officers, 32 who have 
 sought in our vallies a Retreat from the storms of life? 
 They there enjoy in peaceful independence their Hog & 
 Hominy, moistened when they please, with a sparkling 
 Glass of Louisiana from their own natural vintages. — 
 
 I will write you with more regularity and correctness 
 at a future time. 
 
 TO MERIWETHER LEWIS 
 
 glR St. Louis May 15th 1807. 
 
 Your letter of the 15th of March was handed me by 
 Frazer, 33 and I have delayed some little time to answer it, 
 that I might give you the more accurate informations. 
 
 General Clark 34 and Mr. Choteau 35 have shown me their 
 
 32 For an extensive list of soldiers of the American Revolution who 
 moved to Upper Louisiana, see Houck, History of Missouri, III, 83-86. 
 
 33 Probably Robert Frazier, one of the Lewis and Clark party. 
 
 34 After his return from the famous expedition to the Pacific Coast, 
 on March 12, 1807 William Clark was appointed brigadier-general of the 
 militia of the Territory of Louisiana and Indian agent. There is no 
 definitive biography of William Clark. The best account of him is that by 
 Thwaites, "William Clark: Soldier, Explorer, Statesman," in Missouri 
 Historical Society, Collections, II, No. 7, pp. 1-24. The Clark papers are 
 now the property of the Missouri Historical Society. 
 
 35 Pierre Chouteau. 
 
The First Acting-Governorship. 115 
 
 instructions, and in compliance with your advice, I shall 
 decline all interference in the affairs of the Indian Depart- 
 ment, unless it should become necessary to take measures 
 for the defence of the territory or unless those gentlemen 
 themselves should ask my interposition. — 
 
 The Adjutant General 36 is of opinion that the Militia is 
 already organized; but the system certainly requires a 
 great deal of revision. 37 It is so very defective that I shall 
 perhaps approve of a total repeal of the law, and the 
 substitution in its place of something which may afford a 
 more efficient protection against either ' internal broils or 
 external dangers.' The repeal of the law will have another 
 good effect: It will vacate the commissions of a number 
 of worthless men, the removal of whom by the Executive, 
 would draw on him the clamour of a certain set of People, 
 who are determined to disapprove of whatever he may do. 
 
 General Clark entirely concurs with me, in the propriety 
 of this reform, and his superior knowledge of military 
 arrangements will be contributed for its accomplishment. 
 
 While the organization is in its present state of incom- 
 pletion, I cannot inform you whether an additional number 
 of Swords & Pistols will be necessary but will take the 
 earliest possible moment to advise you on the subject. 
 
 I gave a very particular attention to that part of your 
 letter which speaks of the disaffection of certain individ- 
 uals, who hold territorial offices. Colo. Smith, Major Rich- 
 ardson 38 and some others of inferior standing have been 
 
 sa The adjutant-general was David Delaunay. The office was created 
 by the territorial law of October 1, 1804. Mo. Territorial Laws, I, 43. 
 
 37 Bates' efforts to secure a revision were successful. A revised 
 militia law was put into effect on July 6, 1807. Ibid., I, 150-162. 
 
 38 In 1795 Antoine Soulard was appointed the first surveyor of Upper 
 Louisiana. James Richardson was his deputy-surveyor for the District 
 
116 The Life and Papers of Frederick Bates. 
 
 removed. — And where ever Burrism, principles of dis- 
 union, or other disaffection to the U. States Government 
 are discovered, they shall meet, if not punishment, for that 
 will rest with others, at least a prompt and positive dis- 
 countenance. — 
 
 Henry Dodge 39 has not been dismissed; for altho he was 
 mentioned in the deposition of Frazer, he has entirely 
 satisfied me of his innocence. Those letters in the hands 
 of Madame Provonchere to which you drew my attention 
 had been forwarded to the city before my arrival. Such 
 at least are the assurances which she gives me. 
 
 Many attempts have been made, so to influence my meas- 
 ures, as to render them subservient to party purposes. 
 Those attempts are sometimes disguised in the most 
 specious forms; but I have resisted them with a prompt- 
 ness, which I hope will prevent them from being again 
 repeated. When I have exercised a sound and cautious 
 
 of St. Louis. On May 5, 1807 Bates removed Richardson from the offices 
 of justice of the peace and of second major of the militia of the District 
 of St. Louis. 
 
 39 Israel Dodge, a soldier of the American Revolution from Connecti- 
 cut, and his brother John, a trader at Sandusky and for a time Indian 
 agent for the Illinois Country, in 1788 or 1789 moved to Upper Louisiana, 
 settling at New Bourbon in the Ste. Genevieve District. On October 1, 
 1804 Israel Dodge was appointed sheriff of the district. He died in 1806. 
 Henry Dodge, a son of Israel, was born on October 12, 1782. He worked 
 for his father and uncle, making salt on the Saline River, helping to till 
 his father's farm, or working in his father's mills, distilleries, and 
 breweries. In September, 1805 he was appointed sheriff of the Ste. Gene- 
 vieve District, a position which he held for sixteen years. With John 
 Smith T he attempted to join the Burr expedition, but turned back after 
 hearing of Jefferson's proclamation. A grand jury indicted Dodge and 
 Smith for treason. Dodge surrendered and gave bail for his appearance. 
 He then fought with the jurors. His biographer claims that he whipped 
 nine of them and that the rest ran away. For his subsequent career, in 
 the army, as governor of Wisconsin, and United States senator, see Louis 
 Pelzer, Henry Dodge. 
 
The First Acting-Governorship, 111 
 
 discretion in the dismission of an Officer, I have been 
 covertly threatened, in the language of advice, with a 
 revival of that vindictive spirit by which the late parties 
 in the territory were actuated. But I have disregarded 
 these senseless clamours, and rely on the rectitude of my 
 conduct for the eventual approbation, both of the General 
 Government, of yourself and even of the citizens at large. 
 Continual encroachments are making on the Lead mines 40 
 of the U States, but I do not know that the Executive is 
 the guardian of the Public interests in this respect. The 
 conduct of the late Secretary Browne while exercising the 
 Government was matter of great surprize: I have heard 
 no explanation or palliation of it. There was a discovery 
 of rich veins of mineral within two or three miles of Mine 
 A Burton. Some little progress had been made in the 
 Diggings with the consent as I learn of the claimant of the 
 lands, a Mr Deselle ; 41 when Dr. Browne repaired himself to 
 the Mines, and put up his proclamations, by which all those 
 
 w The principal lead mines of Upper Louisiana at the time of the 
 cession were: (1) Mine a Burton, or Breton, thirty-eight miles north- 
 west of Ste. Genevieve. It was discovered by Francis Burton about 
 1763, and from 1798 was worked by Moses Austin; (2) Mine a Robina, 
 two miles east southeast of Mine a Burton; (3) Old Mines, five miles 
 northeast of Mine a Burton; (4) Mine Renault, six miles north of Mine 
 a Burton; (5) Mine a Maneto or American Mines, on Grand River twelve 
 miles east southeast of Mine a Burton; (6) Mine a la Plate, eighteen 
 miles east southeast from Mine a Burton; (7) Mine a Joe, four miles 
 west northwest from Mine a Plate; (8) Mine a Lany, six miles west 
 of Mine a Joe; (9) Mine a la Motte, thirty miles south southwest of Ste. 
 Genevieve; (10) Mine a Gerbore on the St. Francis River, eighteen miles 
 north of Mine a la Motte; (11) the Dubuque mines not far from Dubuque, 
 Iowa. See R. G. Thwaites, "Notes on Early Lead Mining in the Fever (or 
 Galena) River Region," Wisconsin Historical Collections, XIII, 275-283; 
 Moses Austin, "Lead Mines in Upper Louisiana," American State Papers, 
 Public Lands, I, 188-191; Henry R. Schoolcraft, Lead Mines in Missouri. 
 
 4i This was probably Joseph Deselle. In 1800 he was syndic at Mine 
 a Burton. 
 
118 The Life and Papers of Frederick Bates. 
 
 employed, either in the cultivation of the soil or the digging 
 of Mineral were dislodged and driven away. The premises 
 were then vacant and Colo. Smith, slipped in with the 
 known connivance of Dr. Browne; located a floating con- 
 cession, and commenced his mineral operations, in company 
 as I hear with Dr. Browne himself. — 
 
 Complaints have been made by some of the People of 
 the District of St Charles, that the Indians 42 sometimes 
 come within their enclosures, and insist on planting corn. 
 There are at this time, a Family of Kickapoos 43 who have 
 intruded themselves within the Fences of G. Falis. 44 I 
 referred Falis to General Clark, who declines doing any 
 thing in the affair. It will no doubt be my duty to remove 
 them. — 
 
 Judge Shrader 45 some time ago, reported a Bill, for the 
 
 42 For many years during the Spanish regime a band of Sacs wintered 
 near St. Charles. In 1804 their chiefs and head men were induced to 
 relinquish the claims of the Sacs and Foxes to territory jointly claimed 
 in Wisconsin, Illinois, and the District of Louisiana. Subsequent treaties 
 were necessary before the Indians relinquished their hold on the ceded 
 territories and it was not until the Black Hawk War in 1832 that the 
 Indian question in that region was definitely settled. Osages, Yankton 
 Sioux, Iowa, and Kickapoo bands from time to time appeared in the St. 
 Charles region. For the cession of 1804, see Charles C. Royce, Indian 
 Land Cessions in the United States, Plates 17, 37, 65, cession no. 50. 
 
 43 About 1768 the Kickapoo had their headquarters at Peoria. They 
 gradually extended their range to the Sangamon River Valley and to 
 the Wabash. The western band was known as the Prairie band. Their 
 hunting and war parties from time to time penetrated west of the Mis- 
 sissippi. In 1797 there was a Kickapoo village near Ste. Genevieve. 
 
 44 George Fallis was an early American settler at San Fernando de 
 Florissant in the St. Louis District. As early as 1798 he owned several 
 tracts of land in that neighborhood and in 1800 purchased a tract on the 
 Missouri River near St. Charles. 
 
 45 Otho Schrader was an Austrian who served as a soldier under the 
 Archduke Charles. He migrated to Sunbury, Pennsylvania. Jefferson 
 appointed him a judge of the Territory of Louisiana to succeed Return 
 J. Meigs. He was captain of the Ste. Genevieve cavalry company in 1807. 
 
The First Acting-Governorship. 119 
 
 removal of the General Court to St. Genevieve. This Act 
 of congress has greatly narrowed the discretion of the 
 Legislature on this subject; by saying that the Courts shall 
 be holden at such place as will be most convenient to the 
 inhabitants generally. 46 — It would be with reluctance that 
 I should give my assent to the removal; and in order to 
 ascertain this point of convenience, or center of population 
 the farther consideration of the Bill has been postponed 
 until October next. 
 
 TO HENRY DEARBORN, SECRETARY OF WAR 
 
 St. Louis May 15 1807 
 Sir, 
 
 A band of Osages has been some time in town. We learn 
 from them that Emissaries have been at their Villages, to 
 give them assurances of protection and support from the 
 Spanish Government. 47 We also learn that the neigh- 
 bouring nations of Indians had invited the Osages to asso- 
 
 He died in St. Louis in 1811 while in attendance upon a council of the 
 governor and territorial judges. The name often appears in the manu- 
 scripts as Shrader. 
 
 46 Section 4 of the act of congress of March 3, 1805 providing for the 
 government of the Territory of Louisiana said, "There shall be appointed 
 three judges, who shall hold their offices for the term of four years, who, 
 or any two of them, shall hold annually two courts within the said dis- 
 trict, at such place as will be most convenient to the inhabitants thereof 
 in general. . . ." U. S., Statutes at Large, II, 331-332. 
 
 4 ? When Yrujo, the Spanish minister at Washington, heard of the 
 acquisition of Louisiana by the United States, he thought that it would 
 precipitate war. The Spanish government, however, determined to avoid 
 hostilities, but to restrict within as narrow limits as possible the terri- 
 tory which the United States had purchased. The fact that the bound- 
 aries of Louisiana were not defined by the treaty aided the Spanish 
 plan. The Spanish forces in West Florida and Texas were increased, 
 
120 The Life and Papers of Frederick Bates. 
 
 ciate with them for some warlike purpose : That six nations 
 had already united, and that the Osages were expected to 
 be the seventh. 
 
 These People have been told of the strength and the 
 justice of the American Government; its power and its 
 willingness to protect them as long as they remain faithful 
 to their engagements: and that its resentments will be 
 incurred by any unfriendly or irregular conduct on their 
 part ; and that they could hope for nothing at the hands of 
 their great father, should they be so thoughtless as to 
 disclaim the protection of the U States. 
 
 They have been made to understand that the Spaniards 
 and French have totally abandoned this country to the 
 Americans, and that it is idle and mischievious for their 
 Emissaries, either real or pretended, to promise an aid 
 which it is impossible for them to give. — 
 
 We have besides conciliated them by presents of Provi- 
 sions and a few articles of merchandize, and they will 
 probably return entirely satisfied, except with respect to 
 
 efforts of the United States to explore the Red River were hampered, and 
 Spanish expeditions were sent out on the great plains to win the alle- 
 giance of the tribes. In 1804 Pedro Vial and Jose Calvert led an 
 expedition as far as the Arkansas, but were driven back by hostile Indians. 
 In 1805 Juan Lucero went from Taos and succeeded in forming an alliance 
 with the Kiowas and in making peace with the Comanches. Late in 
 1805 Casa Calvo set out on a visit to the tribes along the east Texas 
 frontier. About the middle of June, 1806, an expedition of one hundred 
 regulars and five hundred New Mexican militia under Melgares set out 
 from Santa Fe for the Pawnee country. The commander held councils 
 with two of the Pawnee tribes, and presented the chiefs with medals 
 and flags. He did not make definite treaties and failed to make enough 
 of an impression to cause the tribes to turn back the Pike party. For 
 more extended treatment, see Isaac J. Cox, The early Exploration of 
 Louisiana, 62-74; Thomas M. Marshall, The Western Boundary of the 
 Louisiana Purchase, 16-30. 
 
The First Acting-Governorship. 121 
 
 the alledged neglect of the Government in relation 
 to certain establishments, which they say the President 
 promised to make in their country — A Mill for the 
 grinding of corn, and a Blacksmith's Shop for the repair 
 of their arms were particularly mentioned. — 
 
 I do not think that we have danger to apprehend. Every 
 precautionary measure will be adopted, and should it make 
 its appearance, we will endeavour to repel it. 
 
 A letter was lately received by a Gentleman of this place 
 from Lt. Pike. 48 A party of about 300 Spaniards 49 had 
 left the Panis Republic 50 a few days before his arrival. 
 This numerous detachment gave to the Panis a high idea of 
 the strength of the nation to which they belonged; and the 
 power of the U States they imagined was fairly repre- 
 sented by the comparatively inconsiderable numbers of Lt. 
 Pike. It was impossible for him to correct this error : He 
 foresaw much difficulty in his enterprize, and perhaps oppo- 
 sition on the part of the Indians to his farther progress; 
 but was resolved to persevere. — His bills for expences 
 incurred in this expedition, undertaken, no doubt, by order 
 
 48 Zebulon Montgomery Pike left St. Louis on July 15, 1806 in com- 
 mand of twenty-three men, with fifty-one Indians who were returning 
 to their villages on the Osage and Republican rivers. The Pike party 
 went up the Missouri and Osage rivers to the Pawnee villages, and then 
 into the far Southwest where they were captured by the Spaniards. For 
 the entire expedition see Pike, The Expeditions of . . . (Coues, ed.) ; 
 "Papers of Zebulon M. Pike, 1806-1807" (Herbert E. Bolton, ed.), in The 
 American Historical Review, XIII, 798-827. 
 
 49 The Melgares expedition. 
 
 so The Pawnee Republic constituted one of the tribes of the Pawnee 
 nation. When the United States acquired Louisiana, the Pawnee country 
 lay between the Niobrara River on the north and Prairie Dog Creek on 
 the south. Their neighbors on the east were the Omaha, Oto, and Kansas 
 tribes. Westward they ranged to the Cheyenne and Arapaho country 
 of Colorado and Wyoming. 
 
122 The Life and Papers of Frederick Bates. 
 
 of the Government, 51 have been forwarded to this place. I 
 am without instructions and cannot pay them. General 
 Clark and Mr Choteau will probably give you more explicit 
 informations than it is in my power to do; for under the 
 existing arrangements, it appears to me that the Superin- 
 tendent has no right of interference in the details of Indian 
 business. I have certified the necessity of one purchase, 
 but shall in future decline to take upon myself a respon- 
 sibility in affairs over which I have no control. — 
 
 General Clark appears to entertain other sentiments, 
 and is of opinion that the Superintendence of the Governor 
 remains unimpaired by the late regulations. 
 
 I beg that you will instruct me in my duties, and what- 
 ever they may be I shall endeavour faithfully to discharge 
 them. 
 
 When in the city Mr Madison gave me to read his corre- 
 spondence with the British Minister on the subject of 
 British trade west of the Mississippi. 52 In it was demon- 
 strated the right of the United States to prohibit such 
 
 si Pike was sent into the Southwest by order of Wilkinson. Appar- 
 ently the war department was aware of the projected expedition but did 
 not openly approve it. It is probable that Wilkinson sent Pike on a 
 two-fold mission: to carry on explorations in the Southwest and make 
 friends with the plains Indians; to get into Santa Fe and spy upon 
 Spanish territory, a project connected with the Mexican designs of Burr 
 and Wilkinson. I. J. Cox, The early Exploration of Louisiana, 105-115. 
 
 52 From the close of the American Revolution, trade with the Indian 
 tribes of the Old Northwest was a subject of discussion between the 
 United States and England. After the purchase of Louisiana the acute- 
 ness of the situation was accentuated by the fact that the northern and 
 western boundaries were undefined. Fur traders and frontier officials 
 of both powers sought to extend their control in the vast region between 
 the upper Missouri and the Great Lakes. 
 
 On May 30, 1806 Madison wrote to Monroe and Pinkney as follows: 
 "Under the third article of the treaty of 1794, as it has been expounded, 
 Indian traders on each side have a right to resort to and trade with 
 
The First Acting-Governorship, 123 
 
 trade — and this right I shall consider it my duty to 
 enforce until I receive orders to act otherwise. It is per- 
 haps to be feared that the Indians will feel a temporary 
 distress from the failure of those supplies which they have 
 been accustomed to receive from the British Traders. But 
 it does not rest with me to relax principles or to concede 
 rights without special instructions to do so. 
 
 THE SPEECH OF AN OSAGE INDIAN ENCLOSED 
 TO THE SECRETARY OF WAR IN THE 
 FOREGOING LETTER 
 My Father, 
 
 Altho' I have been many days in your village I have not 
 before taken you by the hand; for my sorrows bend me to 
 the earth, and I have no pleasure in viewing the counten- 
 
 the tribes within the limits of the other party, with an exception of the 
 country covered by the charter of the Hudson's Bay Company. This 
 article is found to be very seriously detrimental to the United 
 States. ... It gives to the British traders dealing with the Indians 
 on our side of the boundary opportunities of gaining an influence, which 
 it cannot be doubted that they have frequently employed in stirring up 
 the Indians against the United States." Madison felt that the mixture 
 of British with American traders produced collisions and caused them to 
 influence the Indians to be partisan. 
 
 The Canadian merchants presented a memorial to the British foreign 
 office in which they complained that in violation of the 3d article of the 
 treaty of 1794 "the Governor of Louisiana has thought proper to exclude 
 them from the commerce of that extensive province, unless they abjure 
 their allegiance to his majesty, and take an oath of allegiance to the 
 United States; and the same governor has also taken it upon himself 
 to prohibit the introduction of any goods or merchandise which are not 
 the property of citizens of the United States." For an extended corre- 
 spondence on the whole subject, see American State Papers, Foreign 
 Relations, III, 126, 128, 152-153. 
 
124 The Life and Papers of Frederick Bates. 
 
 ance of man. I once was the husband of a wife whom I 
 loved : She bore me children whom I took a pleasure in 
 instructing in the fatigues of the chase and in the exploits 
 of war : — But I am now neither husband nor father. My 
 wife has been ravished from me by the enemies of my 
 nation and my children are captives in the land of 
 strangers. 
 
 Commiserate I implore you my unhappy situation and 
 relieve me from the load of wretchedness under which I 
 am sinking. 
 
 Our great Father is the Friend of all the Eed People, 
 and the name of Chouteau is pronounced with respect, 
 throughout all the towns and villages of our enemies. — 
 Let my family then be demanded; for your voice is a well 
 known sound, which reaches thro' every forest, and is 
 obeyed by the Red People however hostile to each other, 
 and where ever dispersed over this extended country. — 
 The Poutewatimies 53 are deaf to the cries of the unhappy, 
 but they will listen with submission to the demands which 
 you make. 
 
 Let the husband once more embrace his wife ;• Let the 
 Parent see his children again in his wigwam before he 
 seeks his last refuge from sorrow in the grave and is for- 
 gotten among men. — 
 
 I love my wife and my children; Pity me and them and 
 cause them to be restored to me. — 
 
 53 At the beginning of the 19th century the Potawatomi were in pos- 
 session of the country around the head of Lake Michigan from the 
 Milwaukee River in Wisconsin to Grand River in Michigan. They had 
 about fifty villages. In the War of 1812 they were friendly to the British. 
 
The First Acting-Governorship. 125 
 
 TO HENRY DEARBORN 
 
 St. Louis May 17. 1807. 
 Sir, 
 
 We last evening received accounts which render it very 
 probable that Lt Pike together with his whole party has 
 been cut off. — 
 
 I have seen a letter from a Trader at Otto, 54 fifteen 
 leagues from the Panis village which states that 'One part 
 of the Americans who went on the Mexican expedition has 
 been killed'. 
 
 Lt Wilkinson 55 accompanied Lt Pike as far as the Panis 
 Republic as we learn, at which place they separated and 
 the former has long since arrived in New Orleans. — 
 
 The Panis 56 and the Padoes 57 are at war: The former 
 accuse the latter of having sent them a Defiance with this 
 haughty addition 'We have put to death eleven white men 
 completely armed and equipped, and consequently can have 
 no fears of a less powerful enemy. ' — In opposition to this 
 
 54 The Oto were an offshoot of the Missouri. Their principal village 
 at one time was near the site of modern Omaha. In 1807 it was located 
 on the south side of the Platte about thirty miles from its mouth. John 
 Bradbury, Travels in the Interior of America in the Years 1809, 1810, 
 and 1811, in Early Western Travels (Reuben Gold Thwaites, ed.), V, 74. 
 
 55 Lieutenant James B. Wilkinson, the son of General Wilkinson, 
 accompanied Pike. On October 28, 1806 Lieutenant Wilkinson with five 
 soldiers left the main party and began the descent of the Arkansas. The 
 point of departure was on the Arkansas in Pawnee County, Kansas, about 
 fourteen miles from the Pawnee-Barton county line. For Wilkinson's 
 account of the descent of the Arkansas, see Pike, The Expeditions 
 of . . . (Coues, ed.), II, 547-561. 
 
 56 The Pawnees. 
 
 67 The Padoes or Pados were the Padoucah, a branch of the Comanche. 
 Herbert E. Bolton, Athanase de Mezieres and the Louisiana-Texas Fron- 
 tier, II, 87. 
 
126 The Life and Papers of Frederick Bates. 
 
 it is suspected that during a state of war, there could have 
 been no intercourse between these two nations of Indians, 
 and that as the Information comes from the Panis, they 
 must have been the Perpetrators of this outrage. If 
 indeed the Government has lost this prudent, enterprizing 
 and valuable officer, it is of little moment which of these 
 disaffected tribes, has arrested the career of his useful- 
 ness. — 
 
 I still hope that the report is a groundless one ; yet it is 
 credited, and from the known peril and danger of his situa- 
 tion when he last wrote, I fear that he has really fallen 
 a Sacrifice. 
 
 The Spanish Party which preceded him but a few days, 
 no doubt prepared the minds of the Indians for this 
 violence. — 
 
 WILLIAM C. CAKE 58 TO CHAELES CAEE, 
 LEXINGTON, KENTUCKY 
 
 St. Louis the 28th May 1807 
 Dear Brother, 
 
 Yours of the 20th March came to hand some time since — 
 But I have failed to answer it until now because of the 
 intervention of our general court which has just broke up. 
 The several articles mentioned in your letter have also 
 
 ss William C. Carr was born in Albemarle County, Virginia, on April 
 15, 1783. He was educated for the law. He came to Louisiana in 1804, 
 practiced law for a year at Ste. Genevieve, and then moved to St. Louis 
 where he soon became prominent. In 1805 he was appointed agent of the 
 United States to investigate land claims. He was elected speaker of the 
 Missouri territorial assembly in 1812. The Carr home, built in 1815, 
 stood at the southeast corner of Main and Spruce streets, St. Louis. 
 
The First Acting-Governorship. 127 
 
 been received and upon admeasurement I find the piece of 
 linnen to be compleat — I return you my thanks for your 
 goodness & shall remit the amount of the bill by Mr. John 
 Lourey who will leave this for Lexington in the course of 
 a week. — 
 
 The board of Commissioners have been unemployed 
 during all the last Winter — in consequence of the absence 
 of Donaldson the Eecorder & also a Commr. — He left 
 this early last fall for the City of Washington with a deter- 
 mination of having Mr Lucas displaced as Commissioner 
 & impeached as a Judge — But unfortunately for him he 
 was upon his arrival there displaced himself; and Fred- 
 erick Bates lately of Detroit appointed in his place, and 
 also in the place of Doctor Browne late Secretary of this 
 territory ; likewise removed. I have the pleasure to inform 
 you that, the few whom you have doubtless seen published 
 in the papers, as being the only persons in the territory 
 opposed to the administration of Wilkinson, continue to 
 receive daily instances and marks of approbation from the 
 government and that they are now compleatly trium- 
 phant — But we enjoy our triumph with moderation. We 
 despise to manifest that indecent extoxication of success 
 which marked the conduct of Wilkinson & his friends when 
 informed of the Confirmation of his appointment. I hope 
 & believe that the revolution of a few more months will 
 amply suffice to restore us once more to peace & har- 
 mony — 
 
 Perhaps you have seen the act passed at the last session 
 of Congress "concerning land titles in the territories of 
 Orleans & Louisiana" — If so you have doubtless seen that 
 the respective officers of the board are to be paid annually 
 from and after the first day of July next — Provided they 
 
128 The Life and Papers of Frederick Bates. 
 
 do not continue in session longer than eighteen months. 
 In this time I expect we shall be able to compleat the 
 adjustment of the titles for this territory — The Commis- 
 sioners receive $2000 & the Clerks & agents $1500 per year 
 respectively. 
 
 From the enquiries, which I learn you have been making 
 of various persons; and perhaps from what you have 
 understood through other sources you entertain an expec- 
 tation of my marriage 59 — To you Who have ever been so 
 good a brother to me I will not be so uncandid as to deny 
 the propriety of this expectation — Nay I do in reality 
 expect it myself — But at what time I cannot say — Per- 
 haps not for some time yet — 
 
 To this measure I am urged not by a foolish passion I 
 hope — but by a determination of a permanent residence in 
 this country — From the most serious reflection I do believe 
 marriage necessary to every man who is located & engaged 
 in the pursuit either of professional eminence or wealth — 
 I have now become as it were so connected with this 
 Country that I cannot leave it without manifest injury to 
 myself — Besides I am induced to believe that the pros- 
 pects ahead are sufficiently promising to warrant my 
 remaining here — Should I determine to marry I shall be 
 obliged to trouble you again so far as to purchase me a 
 young negro woman proper for the kitchen if to be 
 obtained — It is possible however I may obtain one here — 
 and as it will be impossible for me to visit Kentucky for 
 some time yet I shall again write you on this subject as 
 [circumstances] may render necessary — . . . 
 
 so That year William C. Carr married Ann, a daughter of Dr, Aaron 
 Elliott, a Connecticut man, who settled at Ste. Genevieve soon after the 
 acquisition of Louisiana by the United States. 
 
The First Acting-Governorship. 129 
 
 CHRISTOPHER ANTHONY, JR. TO BATES 
 
 Richmond May 28 1807 
 Dear Sir, 
 
 I have for sometime past wish'd to settle in some part 
 of the Mississippi or Louisiana territory, and designed this 
 summer to have paid a visit to the country, but I begin 
 to be apprehensive I shall not be able to take so long a 
 journey. 
 
 If you could at some leisure time, give me such infor- 
 mation respecting the country, as your short residence 
 may have enabled you to collect, you will greatly oblige me. 
 It will be my intention to persue the mercantile business, 
 and I shall bring an assortment of Goods with me. My 
 views have been principally turned towards the Mississippi 
 territory, but as I have some reason to think Daniel Couch, 
 and some other of my Goochland friends will settle in the 
 territory in which you reside, and as I apprehend that 
 territory has many advantages in point of health, I have 
 concluded to abandon my original intention of settling at 
 the Natches. Will you have the goodness to inform me 
 what are the principle articles of trade, the means of trans- 
 porting them to market, together with such remarks as will 
 be useful in forming opinion respecting the country. 
 
 You have 'doubtless heard that trial of Colo Burr is 
 expected to take place before the federal court now siting 
 at Richmond, When he was first brought to this state, he 
 was committed by the Chief Justice of the United States, 
 on a charge of misdemeanor, and bail'd in the sum of 
 10,000 dollars. The court has now been in sission upwards 
 of a week, and the Grand Jury have adjourned from day 
 to day, waiting the arrival of General Wilkinson, who it is 
 
130 The Life and Papers of Frederick Bates. 
 
 ascertained in [sic] his way to Richmond." Mr Hay 61 
 made a motion yesterday to confine Burr on a charge of 
 treason, the court went into an examination of witnesses 
 in support of the charge, and after hearing two of Blan- 
 nerhassetts domestics, it was determined that Burr should 
 enter into a recognisance in a further sum of $10,000. It 
 is expected on the arrival of General Wilkinson, that the 
 attorney for the United States, will make a motion to 
 commit Burr to close jail, lest he should make his escape. 
 The public sentiment, so far as I have been able to collect 
 it, respecting this important trial, is very much against 
 Burr; many believe he will not stand his trial, and there 
 does not exist a doubt with any as to his guilt. The con- 
 course of people attending the trial is prodigious. The 
 counsel for Burr are, Wickham, Randolph, and Luther 
 Martin from Baltimore. 62 
 
 I have the satisfaction to inform you that your Mothers, 
 and Brothers f amalies are in health — pray excuse the 
 trouble I have given you. 
 
 A PROCLAMATION 
 
 By Frederick Bates Secretary of the Territory of Lou- 
 isiana, and exercising the Government thereof. — 
 
 Whereas the Congress of the U States at their last 
 session passed an act, authorizing the President to accept 
 
 eo This should read, who it is ascertained is on his way to Richmond. 
 
 ei George Hay, the prosecuting attorney at the Burr trial, was a 
 prominent Virginian. He was assisted by William Wirt and Alexander 
 MacRae. 
 
 62 Burr's lawyers were Edmund Randolph, attorney general and sec- 
 retary of state under Washington, John Wickham and Benjamin Botts, 
 prominent Virginia lawyers, and Luther Martin of Maryland. 
 
The First Acting-Governorship. 131 
 
 the service of a number of volunteer companies, either of 
 Artillery, Cavalry or Infantry, who may associate and 
 offer themselves, not exceeding 30,000 men; the conditions 
 of which acceptance should be as follows to wit (enume- 
 rated in the original) 
 
 And whereas the President of the U States has demanded 
 of the Governor of this territory the exertion of his zealous 
 endeavours for carrying into effect the views of the General 
 Government on this important subject: 
 
 I therefore refer the Inhabitants of Louisiana to the Act 
 of Congress, the leading features of which are detailed 
 above, and invite them to embrace the opportunity which is 
 afforded them of evincing their patriotism and their valour. 
 
 After your association and acceptance you will continue 
 to perform militia duty as heretofore, until aggression 
 either committed or intended, shall make it necessary to 
 call you into action. Then I am instructed to say to you, 
 it will not be for a lounging, but for an active and perhaps 
 a distant service. These excitements will have an opera- 
 tion on the minds of all; but it is to the bold the enter- 
 prizing and the adventurous that I more particularly 
 address myself. You have heard of 'Choice Spirits' to 
 whom the dull pursuits of civil life could be no gratifica- 
 tion; yet you have scorned to draw your swords in the 
 cause of Dishonor, and have patiently waited for the 
 moment, when the father of the American People should 
 sanction your enterprize, and foster those noble sentiments 
 of patriotism, and that thirst for Distinction, by which 
 you have been ever animated. When these heroic attributes 
 are employed in the vindication of right, in the chastise- 
 ment of injury and wrong, and in the rescue of the Amer- 
 ican name from reproach, I know that your ardour must be 
 
132 The Life and Papers of Frederick Bates. 
 
 irresistible and your triumph complete. The Destinies 
 of that name are bursting those limits which Ignorance and 
 Idleness assigned and the political views of the People 
 should expand in proportion to the extensiveness of the 
 national prosperity. The Spirit and Genius of the Amer- 
 ican Government will never suffer it to aggrandize itself 
 by trampling on the rights of others; but it will defend 
 and inviolably preserve its own. You are invited to 
 cooperate in this defence; not that our aid is essential to 
 the success of the atchievement [sic] but as being the 
 youngest branch of the great American Family, we are 
 indulged with an opportunity of signalizing ourselves, and 
 of proving our claims to those civil immunities which in 
 due time will be conferred upon us. It is necessary how- 
 ever that you should be prompt; for I entertain no doubts 
 that owing to a statutory limitation of numbers, and the 
 zeal for this service, that the voluntary Enrolments will 
 be finished in a few months, after which your tardy appli- 
 cations would be unavoidably rejected. — 
 
 Altho the Governor for the time being reserves to himself 
 the exercise of a cautious discretion with respect to the 
 appointments to office, yet he will pay the utmost deference 
 to the wishes of the volunteer companies on this subject. 
 In testimony whereof, I have to these presents affixed the 
 territorial seal & subscribed by name at St Louis the 28th 
 day of May 1807 and in the 31 year of Independence. 
 
 F. BATES 
 
 TO HENRY DEARBORN 
 SlE St. Louis May 30. 1807. 
 
 I had the honor of receiving two days ago the instruc- 
 tions of the President, requiring the zealous endeavours 
 
The First Acting-Governorship. 133 
 
 of the Governor of this Territory for the execution of an 
 act of the last Session authorizing him to accept the service 
 of 30,000 volunteers. — The earnestness with which the 
 President has made this demand, will induce me in the 
 absence of Governor Lewis, to employ every possible effort 
 for accomplishing his wishes. — A Proclamation, the Copy 
 of which I enclose, 63 has been sent into various parts of the 
 territory, and I shall myself visit St. Genevieve and per- 
 haps Cape Girardeau in a few days. — 
 
 Of one thing it is my duty to apprize you : The military 
 spirit of the country will be found only in the settlements 
 of the Americans; and should the old Inhabitants offer 
 their services, but little reliance could be placed upon them. 
 There might be some individual exceptions; but I speak 
 with certainty arising from intimate knowledge of their 
 general character. — They are blameless and inoffensive 
 for the most part, but they know nothing of the duties of a 
 soldier, and could never be dragged into action either with 
 Spaniards or Indians. If the spirit and the enterprize of 
 the Territory should be drawn from it, for the national 
 defence, we might possibly be exposed to the predatory 
 excursions of our marauding neighbours. It is even a 
 prevalent opinion, that a few companies of Regulars are 
 necessary for our Security — Of this, I am not entirely 
 convinced, yet I have no doubt, that such a force or perhaps 
 a greater, will in a short time become indispensable for 
 the protection of our trade on the waters west of the Miss- 
 issippi. Some efficient system, ought I think, to be 
 adopted, to counteract the mischievous tendencies of foreign 
 interference. 
 
 The excluded British Trader will still find an illicit 
 
 es The proclamation referred to is that of May 28. 
 
134 The Life and Papers of Frederick Bates. 
 
 passage into the wintering grounds. And when there, 
 either in person or by agent, he will, by misrepresentation 
 of facts, and by intrigues of various kinds, endeavour to 
 alienate the Infant attachments of the Indians from the 
 American Government. They have often I am told, 
 assumed a language of insolence to which they were not 
 formerly accustomed. 
 
 We have no recent informations in which we can confide 
 with respect to the Fate of Lt. Pike. It is indeed said, that 
 the Panis have lately brought into their villages, guns, 
 tin cups, and other articles of travelling Equipage, which 
 some persons are disposed to take as a confirmation of the 
 original Eeport: But I shall continue to hope, that his 
 genius and his prudence have baffled the savage stratagems 
 of his enemies, until his defeat becomes absolutely unques- 
 tionable. 
 
 TO ALBERT GALLATIN 
 
 glB St. Louis. May 30. 1807.— 
 
 I was honored two days ago, with your letter of the 3d 
 of April, which, with its accompaniments, to wit, the Forms 
 of Certificates, of Returns, and the Law was laid before 
 the board of commissioners, the day before yesterday. 
 
 On the first day of April I arrived at St Louis; a few 
 days after which, on the return of Judge Lucas from the 
 Country, I communicated the Instructions of which I was 
 the bearer. — 
 
 We have met every third day for the purpose of receiving 
 testimony ; very little, however has been produced, and it is 
 evident that the People view the Board with distrust, 
 occasioned probably by the unhappy misunderstandings of 
 last year. 
 
The First Acting-Governorship. 135 
 
 I sincerely hope that the business will now be done; 
 altho' it is surely impossible, that there should ever be a 
 personal cordiality between all the members of the 
 Board. — I recollect with gratitude, your advices to me, 
 on the subject of party differences and shall endeavour to 
 profit by them. 
 
 There is very strong reason to believe, that continual 
 encroachments and intrusions are making on the Lead 
 mines of the United States. My Predecessor Dr. Browne, 
 if ever he received Instructions on these subjects, has not 
 communicated them to me: and until you prescribe the 
 manner in which these speculations are to be dealt with, 
 there is no authority that I know of, in the territory, by 
 which their rapacity can be controuled. — The Present- 
 ments of Grand Juries on these subjects would be a vain 
 and nugatory remedy. If the mischief cannot be corrected 
 by the Public Agents, the Courts of Justice can never do 
 it thro' the interposition of the People, as Jurors. 
 
 When a rich mine is discovered, the owner of a floating 
 concession locates it immediately, and strengthens the 
 establishment, by collecting about him, a set of desperate 
 young men, who have in some instances declared that they 
 would not obey an order of removal. — The profits of these 
 mineral Diggings are immense, and merit in a high degree 
 the attention of the Government. 
 
 TO RICHARD BATES 
 
 St. Louis May 31. 1807. 
 
 The difficulties, my dear Rd. with which I have to contend 
 in this country are numberless and almost insurmountable. 
 As yet, I do not know however that I have committed any 
 
136 The Life and Papers of Frederick Bates. 
 
 serious Errors; tho' plans of circumvention and counter- 
 action are continually contriving for my embarrassment. — 
 The onward course of Justice must be pursued, uninflu- 
 enced by the persuasions of friends, or the intimidations 
 of those who very foolishly imagined that 'I should be 
 compelled to leave the country in six weeks'. While I have 
 the honor of administering the Government, I will never 
 suffer myself as a Public Officer, to recollect that I have 
 one private enemy in the territory. — 
 
 The District of St Genevieve is the seat of more disorder, 
 than any other part of this country. In it are situated 
 those unexhaustible Lead Mines of which I have before 
 spoken to you. On these sources of unbounded wealth, 
 Speculators of the most desperate and daring cast of char- 
 acter are making continual intrusions. From the collision 
 of interests in these fraudulent pursuits, very imbittered 
 contests have arisen, and the contending parties are always 
 armed for attack as well as defence with Pistols & Durks 
 and sometimes with Eifles also. These weapons are gener- 
 ally worn in other places, to defend ourselves from the 
 assaults of a Ruffian : But in Louisiana, the case is widely 
 different. We sometimes hear of a Gentleman brandishing 
 his weapon, and following for the purpose of assassination, 
 an unarmed man, thro' the house, the yard and the garden, 
 after having beaten and gouged him. At the last Court, the 
 Jury gave a countryman the sum of 120 dols. in damages, 
 against a Bravo-Erratic, who had gouged both his Eyes 
 out; and deprived him of the most remote possibility of 
 ever again beholding the light of Heaven. Some of these 
 men, disdain a submission to the Laws, and appear deter- 
 mined to carve their way thro' life with Rifle, Pistol & 
 Daggers. — The public sentiment has acquired an aston- 
 
The First Acting-Governorship. 137 
 
 ishing degree of ferocity, and God knows where it will 
 end. — One of the Land Commissioners was reminded a 
 few days ago, that the board had very extensive powers 
 under the Act of the last Session 64 and that they must 
 gratify the expectations of the People or expect to feel 
 their resentments. The Commissioner who was Judge 
 Lucas, replied: 'I shall do my duty; and my Fate, should 
 I die at my Post will be preferable to that of my murderer, 
 who must suffer on a Gibbet. ' — 
 
 Every thing that the Executive and the courts of Justice 
 can do to suppress these violences, will not have an imme- 
 diate effect. John Smith, 65 lately of Tennessee, the brother 
 in law of Mr. Early 66 a member of Congress, and endowed 
 with many estimable qualifications, has contributed more 
 than any other persons to render these abuses fashionable. 
 He held several of the most honorable territorial offices, 
 from all of which I have thought it my duty to dismiss 
 him. — He is now confined to his bed, from several severe 
 wounds, received in a late Rencontre, in which it is said 
 that he acted on the defensive. He will recover altho he 
 has one Rifle Ball, thro' his body and a deep gash in the 
 thigh. His antagonist was dreadfully mangled and expired 
 on the spot. 
 
 My dear Rd. this is not a moment when you should visit 
 this distracted country. The situation of affairs must 
 change ; when they do, I know it will be in my power to offer 
 you advantageous inducements. — At this time Slander, 
 Detraction and Violence, stalk thro our forests, as well as 
 
 64 Act of April 21, 1806. U. S., Statutes at Large, II, 391-395. 
 es John Smith T. 
 
 as Peter Early, a member of the bar of Wilkes County, Georgia, served 
 his state in congress, 1803-1807. He was governor of Georgia, 1813-1815. 
 
138 The Life and Papers of Frederick Bates. 
 
 our villages; and the Hermitage as well as the lovely Man- 
 sions of the wealthy are visited by these intrusive Inter- 
 lopers. 
 
 I shall write you frequently, but it will not be proper 
 that any Extracts of my letters should be published; they 
 will travel back and occasion unpleasant altercation. — 
 
 In the commencement of your practice you must be in 
 want of money and when in Va. I should have pressed a 
 small sum upon you, if I could have spared it. I was then 
 coming a stranger into a distant and extravagant 67 
 Country, where a considerable sum was indispensable to 
 support my Independence, and to act in a sphere which 
 my office appeared to require. These obstacles are now 
 removed, and I entreat you to present the enclosed to our 
 brother, and inform me of the result. If he declines, I will 
 make other arrangements — Adieu — My affectionate 
 Respects to all the Belmont family. — "What can be the 
 reason of their silence? — I have not had a line from Va. 
 since I left you. — God bless you all. . . . 
 [P. S.] Letter of Cr to C. F. B. 68 for 400 dols. 
 
 TO HENRY DEARBORN 
 
 o IR St. Louis June 1. 1807. 
 
 I have the honor of enclosing a General Return of the 
 Militia of Louisiana. 69 
 
 67 The following prices were obtained in Cape Girardeau in 1806: 
 calico $1.00 a yard, linen 75 cents a yard, pins Z\ x /± cents a paper, sugar 
 25 cents a pound, note paper 50 cents a quire. See Robert S. Douglass, 
 History of Southeast Missouri, I, 186; Amos Stoddard, Sketches of 
 Louisiana, 229; Rufus Babcock, Memoir of John Mason Peck, 85. 
 
 cs Charles Fleming Bates. 
 
 ss In the militia returns for 1807 submitted by Jefferson to congress, 
 the return for the Territory of Louisiana was as follows: general and 
 
The First Acting-Governorship. 139 
 
 The present organization is incomplete and the law itself 
 extremely defective. 70 It is now under revision, and the 
 assistance of General Clark, together with an experience 
 of former defects, will enable us to remedy the ineffici- 
 encies of the late Kegulations. 
 
 TO JOSEPH McFERRON 71 
 Sir, St. Louis. June 2d. 1807. 
 
 It is believed to be unusual in cases similar to yours, 72 
 for the Executive to reply to letters of defence, or to Peti- 
 tions for reinstation. — But yours I confess is not a com- 
 mon case, and very few which have come under my obser- 
 vation can claim a similarity to it. — 
 
 The accusations and the proofs will be detailed to you 
 
 field staff — 1 brigadier-general, 1 adjutant-general, 1 brigadier-major; field 
 officers and regimental staff — 5 lieutenant-colonels commandant, 12 majors, 
 4 adjutants, 3 quartermasters, 3 paymasters; cavalry — 4 captains, 6 lieu- 
 tenants, 4 cornets, 14 surgeons, 1 musician, 154 dragoons; infantry — 39 
 captains, 37 lieutenants, 40 ensigns, 140 sergeants, 6 musicians, and 1973 
 privates. Arms were reported as follows: rifles, 744; muskets, 320. 
 Am. State Papers, Military Affairs, I, 231-234. 
 
 70 On October 1, 1804 the governor and judges of Indiana Territory, 
 to which the District of Louisiana was then attached, passed an act 
 establishing and regulating the militia. Mo. Territorial Laws, I, 42-46. 
 
 7i Bates addressed McFerron as "late Clerk of the Court of General 
 Sessions and Prothonotary of the Court of Common Pleas for the District 
 of Cape Girardeau." He was a native of Ireland who came to Upper 
 Louisiana before the purchase. He taught school at Mt. Tabor in the 
 American settlement west of Cape Girardeau and was the first clerk of 
 the Cape Girardeau court. 
 
 72 Shortly before this McFerron killed William Ogle, a merchant of 
 Cape Girardeau, in a duel. McFerron resigned his clerkship, but public 
 sympathy was on his side, and he was soon reinstated. At a later date 
 he served as clerk of the circuit court of Cape Girardeau and of the 
 supreme court of the 4th judicial district. He was a member of the 
 constitutional convention and of the 1st general assembly. He died Feb- 
 ruary 5, 1821 at the age of 41. 
 
140 The Life and Papers of Frederick Bates. 
 
 be Mr. Harbison, 73 who, by taking this trouble upon him- 
 self, will spare me the unpleasant task of recapitulating 
 them. 
 
 The long and respectable list of names subscribed to the 
 Petition, ought to convince the world, that your foibles if 
 you have any, are more than counterbalanced by those 
 virtues, which adorn the man and the citizen. Still, how- 
 ever, the charge as respects the officer, and amounting to 
 official disqualification, stands unimpaired. It has been 
 sworn to by persons, whom I have been induced to consider 
 as respectable, and there could be no hesitation with respect 
 to the course, which as the Guardian of the Public Interests 
 in this respect, I was bound to pursue. — 
 
 If I could be convinced that you had fallen a sacrifice to 
 the false and malicious accusations of your enemies, I 
 never should cease to lament, the impositions which had 
 been practised on myself, and the injustice which you had 
 suffered in consequence of them. — But ought one Injus- 
 tice, after it is shown to be so, to be remedied by the com- 
 mission of another! — 
 
 I have acted on evidence, the truth of which I could not 
 question; and it is my duty to add, however reluctantly, 
 that the affair is now beyond my control. — 
 
 TO DR. JOSEPH BROWNE 
 
 glE St. Louis June 3. 1807 
 
 The Bonds 74 given by persons engaged in Indian trade 
 have not been delivered to me. 
 
 73 George C. Harbison, an attorney. 
 
 74 Section 7 of an act of congress of March 30, 1802 provided that all 
 persons engaged in Indian trade were required to have a license issued 
 
The First Acting-Governorship, 141 
 
 Will you have the goodness to inform me whether they 
 remain in your hands ; and whether they ought not to have 
 been deposited in my office? 
 
 TO WILLIAM H. ASHLEY 75 
 
 St. Louis June 13. 1807 
 Sir, 
 
 I have received your note, resigning your commission of 
 captain in the Militia of the district of St. Genevieve. 
 
 This Resignation is a matter of right on your part; and 
 the acceptance thereof, a thing of course on mine. 
 
 With my thanks for all the faithful services which you 
 may have rendered the District, I tender to you my Salu- 
 tations and respects. 76 
 
 by the superintendent of the department or by some other authorized 
 person; the trader was required to enter into bond of one thousand dol- 
 lars with one or more approved sureties, to respect the regulations and 
 restrictions governing trade with Indian tribes. U. S., Statutes at Large, 
 II, 142. 
 
 75 William Henry Ashley was born in Powhatan County, Virginia, in 
 1778. The date of his removal to the Territory of Louisiana is unknown. 
 Dale (The Ashley-Smith Explorations, 59) says that he came in 1808, but 
 the above letter shows that this is an error. Ashley engaged in survey- 
 ing; on one of his surveying trips he discovered "Ashley's Cave" on 
 Cave Creek, about eighty miles southwest of Potosi. The cave yielded 
 commercial saltpetre. Ashley engaged in the manufacture of gunpowder 
 at Potosi and carried on the business for several years. In the mining 
 business he had as an associate Andrew Henry. In 1822 they gave up 
 mining and became partners in the fur trade. For Ashley's career, see 
 Harrison Clifford Dale, The Ashley-Smith Explorations and the Discovery 
 of a central Route to the Pacific, 59-177. 
 
 7 6 In his letter book Bates appended the following note: Letters of 
 similar import and tenor were sent to several of the officers of the militia 
 
142 The Life and Papers of Frederick Bates. 
 
 TO ABRAHAM FULLER HULL, DETROIT 
 
 St. Louis June 17. 1807. 
 
 I received, my dear colonel, your friendly congratula- 
 tions of the 16 ulto, with infinite pleasure: For the 
 exchange, had it been a matter of discretion, is in my own 
 opinion so unwise a one, that I stand in need of those coun- 
 terbalancing consolations in order to be reconciled to it. 
 
 As your territorial dissensions" had arisen without a 
 cause, I looked forward to a return of those more tranquil 
 times which your letter announces. But you surely speak 
 ironically when you account for the subsiding of the billows, 
 from the accidental death of a drunken madman. — The 
 territorial Barks appear all to be destined to combat with 
 storms; and the utmost skill and vigilance of the wisest 
 Palinurus 78 can scarcely save them from the whirlpools of 
 faction, the quicksands of deceit, and the roaring turbulence 
 of the many headed monster! 79 — No. — I will not speak 
 disrespectfully of the People: For surely in their native 
 justice, they may be governed with the same ease and 
 safety as our Pleasure Boats float on the smooth surface of 
 a Fish-Pond. But when they are wrought into violence by 
 
 of the District of St. Genevieve, who about this time resigned their offices 
 on account of a disgust arising from the removal of Colo. Smith." 
 
 77 After Bates' departure from Michigan Territory, he was succeeded 
 by Judge Witherell. Witherell and Governor Hull usually sided against 
 Woodward and Griffin. 
 
 78 Palinurus was the pilot of Aeneas. Virgil relates (Aeneid, Bk. V) 
 how the pilot flung himself into the water and "rose on flying wings into 
 the thin air." In the underworld (Aeneid, Bk. VI) Aeneas encountered 
 Palinurus who besought him thus, "Bear me over the waves in thy com- 
 pany, that at least in death I may find a quiet resting-place." 
 
 79 The "triple-throated" Cerberus, the watch-dog of Hades. 
 
The First Acting-Governorship. 143 
 
 the intrigues of a factious demagogue, they are as ruth- 
 less and overwhelming as a troubled ocean, — 
 
 You ask me for an account, a political one I presume, of 
 Louisiana. If I had a description of chaos, by one of the 
 Heathen Philosophers, I would send you an extract from 
 it. But as my own weak powers are inadequate to the 
 mighty theme, I must beg to be excused — for the present 
 I mean — at some future time, when I am less crowded 
 with business than I have been for a few days past I shall 
 take a pleasure in a detailed compliance with your request. 
 
 What worthy friend of yours are you so forcibly recom- 
 mending to fill a vacancy in our territory? You describe 
 him as 'sober, upright, industrious, judicious & legal ' a 
 pretty set of negative qualifications upon my word, except 
 the last, which I shrewdly suspect you have curtailed from 
 the fair catalogue of your own attributes in order to pre- 
 vent a total failure of your friend's pretensions. Or per- 
 haps my dear colonel these are the disguises which you 
 yourself sometimes wear invitis nubibus 80 in order to dash 
 forth again in your real character with more imblazoned 
 eclat and applause. At any rate, you have stuck a feather 
 in the cap of my vanity ; for, at the very moment that I am 
 answering your application for office, a stupid Captain of 
 Militia sends me his Commission because says he ' I do not 
 feel disposed to serve under the present administration. ' — 
 
 I really have been so worn down by the dull routine of 
 office duties that I feel it a most agreeable relaxation to be 
 permitted to talk nonsense to a friend whom I esteem and 
 honor. — 
 
 so invitis nubibus means "although the clouds are unwilling." The 
 sense is obscure. 
 
144 The Life and Papers of Frederick Bates. 
 
 TO WILLIAM HULL 
 Dear Sir ^ St. Louis June 17. 1807. 
 
 Mr. Forsyth 81 who arrived a few days ago, delivered 
 me your very friendly letter of the 15th ulto. — I surely 
 owed to my Detroit Friends some account of myself, before 
 this time; but the perpetual contest which I have been 
 obliged to maintain with the clandestine machinations of 
 the opposers of all regular government has scarcely left 
 me a moment for the indulgence of more pleasing reflex- 
 ions. — I came to St. Louis, on the 1st day of April, a per- 
 fect stranger to every soul in the country. The most 
 imbittered party rancour has pervaded all ranks of our 
 people during the late administrations, and the storm has 
 not yet entirely subsided. 
 
 In this newly acquired country, it was supposed impos- 
 sible for the Executive to be without a Party and the most 
 anxious impatience was manifested to ascertain that Party, 
 for which the new authorities would decree a triumph: 
 But no triumph has been decreed for either, and the govern- 
 ment must for a while be abandoned by all, until the justice 
 of its measures shall acquire the support of the worthy. 
 
 When lately at St. Genevieve, the most wealthy village 
 in Louisiana, I was astonished to find the extent of the 
 
 si Probably Thomas Forsyth, an Indian trader. He was born at De- 
 troit in 1771. At an early age he engaged in the Indian trade in the 
 Saginaw Bay region. In 1798 he wintered on an island in the Mississippi 
 about four or five miles below modern Quincy. About 1802 he, with 
 John Kinzie and Robert Forsyth, established a trading post at Chicago. 
 He subsequently made his headquarters at Peoria. After the War of 
 1812 he was Indian agent for the Sacs and Foxes. He died at St. Louis 
 on October 29, 1833. See Wisconsin Historical Collections, VI, 188. 
 
The First Acting-Governorship. 145 
 
 popular prejudice. The Court of Com Pleas 8 - was to be 
 in Session in a few days, & a combination had been entered 
 into by the Justices to resign on the morning of the court, 
 and to bring about by that means a discontinuance of all 
 the business pending before it. Some of these Resigna- 
 tions by men whom I had never seen and whose character 
 and conduct I had never mentioned with disrespect, were 
 couched in language of abuse and insult. But when it was 
 intimated to them by the few friends whom I had in the 
 village, that these pitiful attempts would recoil upon them- 
 selves and that a new commission would immediately issue, 
 as the Secretary was upon the ground, these factious Mag- 
 istrates, with a very bad grace took their seats. — 
 
 The removal of Colo. John Smith, thro whose influence 
 the most of the appointments in the District of St Gene- 
 vieve were obtained, is the cause of these particular discon- 
 tents. When I came to the country, I found this turbulent 
 man carving for himself ('his sword his law; his own right 
 hand his God') and refusing to submit to any manner of 
 legal controul. He had been accused of participation in 
 the enterprizes of Colo Burr but disdained that mode of 
 investigation which the institutions of our country 
 appeared to prescribe. He generally I am told travels 
 with two Durks, two pairs of pistols and a Rifle, and has 
 contributed more than any other individual among us to 
 make violence and disorder fashionable among the People. 
 He is in many respects a very genteel man, but upon the 
 whole better suited to the savage disorders of a frontier, 
 than for the polished circles of civil life. He was not only 
 Lt Colo, of the 2d Regt. of Militia but also first Justice of 
 
 82 The court was reorganized on August 20, 1807, Amos Byrd, St. 
 James Beauvais, and William James being appointed on that date. 
 
146 The Life and Papers of Frederick Bates. 
 
 the courts of G Sessions and Com Pleas for the District 
 of St Genevieve, in which courts he had sometimes taken 
 his seat to administer that Justice (with his Rifle by his 
 side) to others, which he had scorned to submit to himself. 
 His Partizans have succeeded in impressing the falsehood 
 on some weak minds that his dismission arose from a 
 refusal to 'bow and scrape to this Secretary. 9 — Every 
 Village and Settlement has its local faction and the terri- 
 tory is moreover divided into two great parties which have 
 not yet lost those designations which they acquired during 
 the government of Wilkinson & Browne. 
 
 I have disappointed the expectations of all by refusing 
 to strengthen either of the contending Cabals with the 
 executive patronage: And I do not despair of being able 
 to convince the great body of the People that they abandon 
 their true interests when they suffer themselves to be made 
 the dupes, either of designing speculators, or of those ill 
 disposed persons, whose ferocious happiness consists in 
 bursting asunder the bands of social order. — &c. &c. &c. &c. 
 
 With my respects to each individual of your amiable 
 family, I have the honor to be Dr. Sir, yr friend & obedt 
 Servt. 
 
 TO AUGUSTUS B. WOODWARD 83 
 
 St. Louis, June 18, 1807. 
 
 Your letters of the 7th and 14th of March last were some 
 time ago received, and am pleased to find that you still 
 entertain for me that esteem which I once thought I 
 deserved from you. 
 
 83 This letter is taken from Michigan P. and H. Society, Collections, 
 VIII, 588-589. 
 
The First Acting-Governorship. 147 
 
 I received some letters from Michigan on the subject of 
 McDougall's 84 disappointment which led me to believe that 
 I was not treated altogether as I should have been; but I 
 must acknowledge that your letter furnished a better illus- 
 tration of your conduct in that affair than the interested 
 insinuations of my correspondent. 
 
 I will say nothing of this country or of the stormy aspect 
 of its political atmosphere, but refer you generally to Mr. 
 Forsyth, in whose power it will be to give you very accurate 
 informations. But as you may be desirous of knowing 
 something biographically of the several officers of this 
 government, I will just take the liberty of observing that 
 Judge Lucas, whose commission is now eldest, is a civil 
 lawyer, and a man of superior parliamentary information. 
 His wit, his satire, and his agreeable combination of images 
 are surpassed by few. He is a man withall more sternly 
 independent in principle and conduct than most of my 
 acquaintances. If a slave approaches him in the tone and 
 attitude of a suppliant, he spurns him from his presence. 
 He is only acceptable to those who know the dignity of 
 their nature, and how to speak the language of freedom. 
 Judge Shrader has a great deal of collected knowledge. 
 He is a Saxon by birth, and was early instructed in French 
 literature — speaks with facility, German, English, and 
 French, and is perhaps as accurate a special pleader as any 
 in the western country. A stranger would be apt to con- 
 sider him the presiding judge, so entirely does Judge L. 
 suffer him to be the organ of the opinions of the court. 
 
 I can say little of Judge Coburn. 85 He arrived during 
 
 s* Probably George McDougall, a Detroit lawyer and office seeker. 
 85 John Coburn was born in Philadelphia. He moved to Kentucky 
 in 1784, lived in Lexington until 1794, and then moved to Mason County, 
 
148 The Life and Papers of Frederick Bates. 
 
 my absence at St. Genevieve, and since my return I have 
 been too constantly employed to cultivate an intimate 
 acquaintance with him. 
 
 Should not those impertinences in the Aurora be 
 answered, or are they too trifling to be regarded! Yet 
 believe me they have an effect on the minds of many. Our 
 Michigan proceedings were censured with some severity at 
 Washington, and some men even of sense and under- 
 standing, effected not to be satisfied with them. 
 
 I now enclose a paper which ought long since to have 
 been transmitted — the receipt of McGuire. 
 
 Accept a repetition of those assurances of respect and 
 esteem, which I have been accustomed to make you. 
 
 TO HENRY DEARBORN 
 
 St. Louis June 22d 1807 
 Sir, 
 
 In compliance with the orders of the President I have 
 the honor of enclosing an association of 67 individuals who 
 as a Company of Infantry offer their services to the gov- 
 ernment under an act of the last session. 86 
 
 The persons composing this company met frequently 
 
 Kentucky, where he was made judge of the circuit court. In 1796 he 
 was one of the commissioners to run the line between Virginia and Ken- 
 tucky. Under the enabling act of 1805 he was appointed one of the judges 
 of the Territory of Louisiana. 
 
 ss Act of February 24, 1807 authorizing the President to accept the 
 services of a number of volunteer companies, not exceeding thirty thou- 
 sand men. U. S., Statutes at Large, II, 419-420. The list referred to 
 has not come to light. 
 
The First Acting-Governorship. 149 
 
 during the last year for the purpose of perfecting them- 
 selves in militia exercises. They long ago assumed the name 
 of the 'Military School/ and it is believed that they have 
 made a progress in the studies and exercises to which their 
 leisure moments have been devoted greatly beyond any 
 other company in the territory. They have recommended 
 as officers persons who are probably in all respects quali- 
 fied, altho I can not give you this assurance from my own 
 knowledge of them. 
 
 TO E. BAKER, 87 D. SHAW, J. ANDREWS, 88 AND 
 J. STUART 
 
 Ge™me., St ' Ws J * ne 23 ' 1807 ' 
 
 I have communicated your offers of service to the Presi- 
 dent and accompanied copies of your letters with such 
 encomiums as I thought myself permitted to make on your 
 association. — Commissions cannot issue until your accept- 
 ance : but you will not be required to muster in other com- 
 panies Provided the officers to wit Joseph Whittlesey 
 Captain; Ebenezer Armstrong Lieutenant, and Thomas 
 Scott 89 Ensign in their respective spheres take measures 
 for the monthly parade and muster of their company, and 
 make returns to me. 
 
 87 This was either Elisha Baker or his son Elijah. 
 
 ss Probably John Andrews who was appointed a lieutenant of a 
 volunteer company in the District of Ste. Genevieve on August 12, 1807. 
 
 ss Whittlesey, Armstrong, and Scott were appointed on June 27, 1807. 
 They were officers of a volunteer company in the District of Ste. Gene- 
 vieve. 
 
150 The Life and Papers of Frederick Bates. 
 
 BILL OF JOHN SMALL 90 
 
 The United States 
 
 Post Vincennes To John Small Dr 
 
 June 27. 1807 D. 
 
 For the Making and Engraving of a Seal for the 
 
 General Court of Louisiana Territory $ 30 
 
 To the Making and Engraving of three Seals for the 
 District of Ste. Genevieve — Viz, one for the Court 
 of Generl. Quartr. Sessions, Do. for the Court of 
 Common Pleas and one for the Court of Probate 
 at $22 each 66 
 
 To three Seals for the Dist. of Cap. Girardeau for 
 the same Courts as Ste. Genevieve at $22 66 
 
 To three Seals for the District of New Madrid for 
 the same use as for Cap Girardeau at 22d. each 66 
 
 $228 
 I Certify the above account just and true. 91 
 
 TO THE LEGISLATURE OF THE TERRITORY OF 
 
 LOUISIANA 
 
 Gentlemen, St - Louis Ju1 ^ *> 1807 
 
 It has not been found that the establishment of a sep- 
 arate district at Arkansa 92 has contributed to the more 
 
 90 John Small of Vincennes. On June 20, 1790 the region about 
 Vincennes was organized as Knox County, and Small was appointed 
 sheriff. Logan Esarey, A History of Indiana from its Exploration to 
 1850, I, 154. 
 
 9i On the bill Bates wrote, "Drew on Mr. Madison, Aug. 12, 1807." 
 92 Section 5 provided that the governor, from time to time as circum- 
 stances required, was empowered to lay off those parts of the territory 
 
The First Acting-Governorship. 151 
 
 convenient distribution of Justice, the prevention of crimes 
 and injuries, or to the execution of process criminal and 
 civil; but that those objects will be better promoted by a 
 reunion of that distant and inconsiderable settlement, with 
 the district from which it was originally taken. I beg 
 leave therefore to inform you, that by virtue of the 5 Sec 
 of the act of the 3d day of March 1805 entitled An Act 
 further providing for the government of the district of 
 Louisiana, I have made an alteration, which appeared to 
 me to be necessary, by extending the boundaries of the 
 district of New Madrid, 93 so as to embrace the settlements 
 lately composing the district of Arkansa. 
 
 TO JOSEPH TUCKER, 94 STE. GENEVIEVE 
 gjjj St. Louis July 7. 1807. 
 
 Your letter of the 23d ulto was received in due time and 
 I have delayed thus long to answer it, that I might ascer- 
 
 in which the Indian title had been extinguished into districts. U. S., 
 Statutes at Large, II, 331-332. 
 
 By a territorial act of June 27, 1806 "the southwestern part of the 
 district of New Madrid" was made into a new district of "Arkansaw." 
 Mo. Territorial Laws, I, 68-69. 
 
 By a territorial act of July 7, 1807 the District of Arkansas was 
 merged with the District of New Madrid, and the powers of the New 
 Madrid officers were extended over the whole. Ibid., I, 179-180. 
 
 93 By proclamation of Governor Harrison of October 1, 1804 the 
 northern boundary of the District of New Madrid was that which "here- 
 tofore separated the commandaries of Cape Girardeau and New Madrid." 
 This was at Tywappity Bottom about twelve miles below Cape Girardeau 
 and opposite the mouth of the Ohio. On the south the boundary was 
 the 33rd parallel. The district extended from the Mississippi to the west- 
 ward indefinitely. See Houck, History of Missouri, II, 103-166, 378-379; 
 Stoddard, Sketches of Louisiana, 208-212. 
 
 94 in December, 1804, or early in 1805, Joseph Tucker was appointed 
 constable of the Saline River region in the District of Ste. Genevieve. 
 
152 The Life and Papers of Frederick Bates. 
 
 tain the dispositions of the Legislature on the subjects to 
 which it refers. There appears to be no offence on which 
 the pardon of the Executive 95 could at this day operate: 
 Your unfortunate son is now no more and the fine which 
 I cannot but consider as excessive , or at any rate unusual, 
 has been long since paid. Under these circumstances, it 
 does appear to me, that I have no legitimate right to inter- 
 pose, even for the relief of those hardships, which I am 
 satisfied your son has suffered. 
 
 A PROCLAMATION 
 
 By Frederick Bates Secretary of the Territory of Louis- 
 iana, and exercising the government thereof 
 
 Whereas, it has been found by experience that the estab- 
 lishment of the District of Arkansa, has not contributed 
 to those objects contemplated by the Executive of this terri- 
 tory. That its separation from the District of New Madrid, 
 in the month of June 1806 has neither promoted the more 
 convenient distribution of justice, the prevention of crimes 
 and injuries nor the execution of civil and criminal process : 
 but that on the contrary, these desirable results have been 
 rather withholden from than assured to the good People 
 of Arkansa by a delusive and inefficient organization. 
 
 Now therefore, be it known, that by virtue of the powers 
 vested in the Governor by the 5 Sec of an Act of the Con- 
 gress of the United States entitled 'An Act further pro- 
 viding for the government of the District of Louisiana' I 
 do extend the boundaries of the district of New Madrid, so 
 
 95 For the pardoning power of the governor, see section 1 of the act 
 of March 3, 1805. U. S., Statutes at Large, II, 331. 
 
The First Acting-Governorship. 153 
 
 as to embrace the settlement composing the district of 
 Arkansa, which said District of Arkansa is hereby abolished 
 and reunited for every legal purpose to the district of New 
 Madrid from which it was originally taken. — 
 
 In testimony whereof I have hereunto affixed the seal of 
 the Territory & subscribed my name at Saint Louis the 
 seventh day of July in the year of our Lord 1807 and of 
 the Independence of the United States the Thirty second. 
 
 F. BATES. 
 
 TO MICHAEL AMOUEEUX 96 
 
 Sir, 
 
 Yesterdays mail brought me your letters of the 17th and 
 23d ulto. It had been contemplated by some individual 
 members of the Legislature that an union of offices such 
 as you mention would have beneficial tendencies, and ought 
 to be established by Law. — The arrangement however has 
 not been legislatively made, and I do not think myself at 
 liberty to give the executive sanction, to an abstract theory 
 on these subjects however much I might myself admire it. 
 
 When suitable persons cannot be found, it will some- 
 times happen that the office of Recorder will be given to 
 the person holding the Clerkships of the District. But in 
 the instance before us, I feel a pleasure in complying with 
 the recommendation of the Gentlemen of New Madrid, in 
 
 96 Michael Amoureaux, or Amoureux, in March, 1805 was appointed a 
 judge of the court of common pleas and quarter sessions for the District of 
 New Madrid. In 1806 he also held the position of deputy-surveyor. The 
 letter is not dated but its position in Bates' Letter Book would signify 
 that it was written July 7 or 8, 1807. 
 
154 The Life and Papers of Frederick Bates. 
 
 your favour, and inclose you commissions as Recorder, 97 
 Judge of Probate 98 and Notary Public. — " 
 
 You will be pleased to take the oaths before Joshua 
 Humphreys 100 Esquire to whom I have transmitted a 
 Dedimus. 101 
 
 The absence of the Clerk of the Legislature has obliged 
 me to copy several of the laws lately passed as well for the 
 use of New Madrid, as for some other districts. I cannot 
 however forward several in which you are very materially 
 interested. 
 
 I will just observe that a Notary by the late Act will give 
 bond 'for the faithful performance of the duties of his 
 office' in the sum of Five hundred dollars with two sureties 
 in the sum of 250 dols each, which Bond together with the 
 commission must be recorded by the Eecorder of Deeds — 
 and the Bond filed with the Secretary of the Territory. 
 
 As Judge of Probate you will swear 'A true and faithful 
 discharge &c' and give bond in the sum of two thousand 
 dollars with two Sureties to be approved by two of the 
 Justices of the District. 
 
 The Bonds for both offices will be given to the governor 
 
 97 A territorial law of Oetober 1, 1804 provided for the office of 
 recorder for each of the districts. Mo. Territorial Laws, I, 46-48. 
 
 98 The probate courts were established by law of October 1, 1804. 
 Ibid., I, 57-58. 
 
 99 A territorial act of June 25, 1807, provided that the governor should 
 appoint and commission one person in each district as a notary public. 
 Ibid., I, 94-96. 
 
 ioo Joshua Humphreys was the first clerk of the court of common 
 pleas and quarter sessions of the District of New Madrid. The court 
 was organized in 1805. 
 
 ioi Dedimus potestatem means "we have given power." It was the 
 name of a writ to commission a private person to do some act in the place 
 of a judge, as, to administer an oath of office, to examine witnesses, and 
 the like. John Bouvier, Law Dictionary, (Francis Rawle revision), I, 525. 
 
The First Acting-Governorship. 155 
 
 and his Successors. — The name of the individual exer- 
 cising* the Government may be mentioned. 
 
 I would with pleasure have attended to your request on 
 the subject of your letter to Governor Lewis; but there is 
 so great a number of private letters addressed to him, and 
 which now remain in the Post Office, that it might not be 
 in my power to identify yours. 
 
 TO THE JUSTICES OF THE COUET OF COMMON 
 
 PLEAS AND QUARTER SESSIONS FOR THE 
 
 DISTRICT OF CAPE GIRARDEAU 
 
 St. Louis July 8. 1807 
 Gentlemen, 
 
 A law has lately passed our Legislature which changes 
 radically, the former system of judicial proceedings. 102 
 After the first day of September next, at which time the 
 Act commences its operation, the township Justices will 
 no longer have a seat on the bench, tho' their jurisdiction 
 in many other respects will be greatly extended. — 
 
 Your Courts will be composed of not less than three nor 
 more than five members, who will hold their offices during 
 good behaviour for four years, and receive as a daily com- 
 pensation while attending the Court the sum of three 
 dollars. 
 
 102 An act establishing courts of justice and regulating judicial pro- 
 ceedings was passed on July 3, 1807. The act contained seventy provi- 
 sions. It revised the judicial system as established by the Indiana 
 legislative council in 1804. Under the act of 1807 the governor was 
 empowered to appoint the judges of the courts of common pleas and 
 quarter sessions for each district, the said judges to hold office for four 
 years. It also provided for the time that courts should meet, and 
 minutely regulated judicial proceedings. Mo. Territorial Laws, I, 105-125. 
 
156 The Life and Papers of Frederick Bates. 
 
 The Districts will be laid off into Townships 103 by the 
 Commissioners 104 and one or more justices appointed for 
 each. The absence of the Clerk of the Legislature and the 
 necessity under which I have felt myself of employing my 
 time for the two last days on the affairs of New Madrid, 
 prevent my transmitting the Acts in which you are most 
 materially interested by Adjt Genl. Delaunay. 105 
 
 They shall however be forwarded you as speedily as 
 possible. 
 
 I shall appoint for the present but three 106 Justices of 
 the Court of Common Pleas, and Quarter Sessions. — 
 
 It is my misfortune, that I have not the pleasure of a 
 personal acquaintance with you. I cannot know you except 
 by report, and in the appointments which I make in your 
 district it is very possible that I may sometimes act with 
 error but I hope never with injustice. 
 
 In a word, the object of this communication is to advise 
 you that a Repeal of the Laws passed by the Governor 
 and Judges of Indiana will on the first day of September 
 next, vacate the most of the Commissions civil and military 
 throughout the territory. — A Stranger in the territory, 
 
 103 a law of July 4, 1807 provided that inhabited parts of each district 
 were to be laid out into townships. Ibid., I, 142-143. 
 
 104 For each district the governor was to appoint three commissioners 
 of rates and levies, who were to audit and adjust debts and demands 
 made upon the district, determine the amounts which must be raised to 
 defray the charges of building and repairing court-houses, jails, pillories, 
 bridges, causeways, and other necessary expenses of the district. Act of 
 July 8, 1806. IUd., I, 69-70. 
 
 105 David Delaunay in 1804 was appointed one of the judges of the 
 St. Louis District court of common pleas and quarter sessions. 
 
 ice Christopher Hays, Robert Green, and John Byrd were appointed 
 on August 20, 1807. 
 
The First Acting-Governorship. 157 
 
 it is impossible that I should have either prepossession 
 or prejudice. 
 
 I take the liberty then of desiring you (not as a Court, 
 but as individual gentlemen, with whom I should be happy 
 to confer) to give me such information as you may possess 
 in relation to your district generally, and as respects civil 
 office in particular. 
 
 COMMISSION OF AUGUSTE CHOUTEAU, JR. 
 
 Frederick Bates 
 Secretary and Exercizing as well the Government of Louis- 
 iana as the Office of Commander in Chief 
 of the Militia therefore 
 
 To All who shall see these Presents Greeting 
 
 Know ye, That Reposing Special Trust and Confidence 
 in the Patriotism Valor fidelity and Abilities of August 
 Chouteau Jr I do by the presents appoint him the said 
 August Chouteau Lieut. Colonel Commandant of the first 
 Regiment of the Militia of the said Territory, he his [sic] 
 therefore Carefully and diligently, to discharge the duty 
 of Lieutenant Colonel Commandant By doing and per- 
 forming all manner of duty appertaining to his office, and 
 I do strictly Charge and Require all officers and soldiers 
 under his Command to be obedient to his orders as Lieu- 
 tenant Colonel Commandant and he is to obey such orders 
 and directions from time to time as he shall receive from 
 the Commander in Chief of the Territory or other Superior 
 officers Let over him — 
 
158 The Life and Papers of Frederick Bates. 
 
 This Commission to Continue in force during the discre- 
 tion of the Governor of the Territory for the Time Being — 
 
 In Testimony Whereof I have hereunto caused 
 
 the Seal of the Territory to be affixed this Eighth 
 
 (Seal) day of July in the year of our Lord one thousand 
 
 eight hundred and seven and of the Independence 
 
 of the United States the thirty second — 
 
 FREDERICK BATES. 
 Territory of Louisiana 
 District of S Louis 
 
 Personally appeared before me 
 the Subscriber, duly authorized to administer the several 
 oaths of office within the District afsd. August Chouteau 
 Esq. who took the Oath to Support the Constitution of the 
 United States as well as the Oath faithfully to execute the 
 duties of Lieutenant Colonel of the first Regiment of 
 Militia to the best of his Skill & Judgment. 
 
 Given under my hand at 
 S Louis the 26th Oct. 1807 
 THOMAS F RIDDICK 107 
 
 TO ALBERT GALLATIN 
 
 Saint Louis July 14, 1807. 
 Sir, 
 
 The commissioners yesterday passed a Resolution, 
 requiring the Recorder to furnish the clerk of the Board 
 
 io7 Thomas Fiveash Riddick was born at Suffolk, Nansemond County, 
 Virginia, on June 5, 1771. He came to St. Louis in 1804. During the 
 next fifteen years he filled various positions: assessor, clerk of the court 
 of common pleas and quarter sessions, deputy recorder of land titles, 
 
The First Acting-Governorship. 159 
 
 with Stationery. I presume it will be my duty. — Your 
 instructions to Mr. Donaldson 108 on the subject of contin- 
 gent expences, are not now to be found. I have never seen 
 them; tho' my associates tell me that they recollect their 
 tenor and import. 
 
 I shall advance what may be necessary to meet such 
 demands, and draw on you when permitted for the amount. 
 There is still a balance in the hands of Mr. Penrose, which 
 he will pay over to me, and account for his disbursements 
 generally, while acting as the Deputy of the late Recorder, 
 in such manner as you may direct. 
 
 A majority of the Board, Messrs. Lucas & Penrose has 
 thought proper to remove Mr Gratiot, 109 from the clerk- 
 ship. Those gentlemen then named several candidates, 
 with all of whose qualifications, I was unacquainted — 
 William Christy 110 has been chosen. 
 
 The Board has resolved to make the circuit of the Terri- 
 tory. We shall go to St Charles next month, to St Gene- 
 vieve in Navr., to Cape Girardeau and New Madrid in 
 
 secretary of the board of land commissioners (1808), justice of the peace, 
 and second president of the old Bank of Missouri. He was one of the 
 principal organizers of the St. Louis school system, and was a prominent 
 Mason. 
 
 108 James Lowry Donaldson was a distinguished Baltimore lawyer. 
 He was a brother of Mrs. Robert Morrison of Kaskaskia and a relative 
 of Francis Scott Key. He was a member of the board of land commis- 
 sioners, being succeeded by Bates. Donaldson was killed at the battle of 
 North Point near Baltimore on August 12, 1814. 
 
 109 Charles Gratiot. The Gratiot papers have recently been acquired 
 by the Missouri Historical Society. 
 
 no William Christy was born at Carlisle, Pennsylvania, on January 
 10, 1764. He served under St. Clair in 1791 and with Wayne in 1794. 
 He came to St. Louis in 1804. Two years later he opened a public house 
 at the southeast corner of Main and Walnut streets. The same year he 
 was appointed a judge of the St. Louis court of common pleas and 
 
160 The Life and Papers of Frederick Bates. 
 
 March and to Camp Esperance 111 for that settlement and 
 the district of Arkansa, in April. This measure is thought 
 by the commissioners unanimously to be indispensable. 
 The claimants have once with difficulty attended at Saint 
 Louis, and it is now believed that many even of those who 
 live abundantly on their plantations have not cash to defray 
 the expenses of attendance. — Besides, this circuit will 
 contribute to the detection of frauds, and the prevention 
 of a great deal of false swearing. 
 
 I feel some diffidence in enquiring whether my compen- 
 sations as a commissioner should not commence with my 
 services to wit on the 9th day of April last. — Little indeed 
 was done; and candour obliges me to acknowledge that I 
 have been treated with too much liberality by the govern- 
 ment to permit myself at this day to make importunate 
 requests of any kind. 
 
 I have appointed Thomas Oliver 112 to receive claims in 
 the district of Saint Genevieve. As yet, I know no person 
 in the lower districts in whom I could with propriety place 
 that confidence. Perhaps the contemplated circuit will do 
 
 quarter sessions. In 1809 Christy was made major of the Louisiana 
 Rangers. He took part in the Howard expedition of 1813 against the 
 Indians of central Illinois. 
 
 in Camp Esperanza was on the west bank of the Mississippi almost 
 opposite the Chickasaw Bluffs. It was on the site of Hopefield, Arkansas. 
 By 1808 the old Spanish fort had disappeared. For a description of it 
 in Spanish days, see Louis Houck, Spanish Regime, II, 340-341. For its 
 location, see F. Cuming, Sketches of a Tour of the Western Country, in 
 Early Western Travels, IV, 293; Amos Stoddard, Sketches of Louisiana, 
 205. 
 
 112 On June 22, 1807 Bates appointed Thomas Oliver and Joshua 
 Penneman commissioners of rates and levies for the District of Ste. 
 Genevieve. On the following day he appointed Oliver judge of probate 
 of the same district. He was a native of Virginia, who lived for a while 
 in Kentucky, but in 1804 moved to Ste. Genevieve, where he was the 
 first clerk of the court of common pleas and quarter sessions. 
 
The First Acting-Governorship. 161 
 
 away [with] the necessity. The claimants knowing the 
 arrangement, will most probably defer their entries until 
 our arrival. 
 
 TO AUGUSTE CHOUTEAU, JE. 
 
 Saint Louis July 15. 1807 
 Sib, 
 
 Your note this day accepting the commission of Lt Colo. 
 Comdt. of the Militia of the District of St. Louis gave me 
 a high degree of satisfaction. Long before I had the 
 pleasure of a personal acquaintance with you, I could not 
 be a stranger to your worth; nor to that justly extended 
 influence which your virtues have acquired you throughout 
 this territory. By an acceptance of this office you render 
 a most essential service to the government. — The organ- 
 ization of the Militia is a favorite object the accomplish- 
 ment of which will be greatly facilitated, when the views 
 of the Executive are seconded by gentlemen in whom the 
 People confide so great a portion of their confidence. — On 
 the change of government it was natural that some appre- 
 hensions should be entertained ; but I hope and believe that 
 they no longer exist, and that we are already 'one 
 People'. When the weight of your character is so honor- 
 ably offered for the promotion of harmony and confidence 
 there must soon be an oblivion of every unhappy misunder- 
 standing and distrust. 
 
 You mention your fidelity to the United States of Amer- 
 ica. Permit me to remark that the President, already 
 knows the strength and sincerity of your attachments ; and 
 it shall be my pleasing duty to give him additional proofs 
 of your liberal and continued cooperation in the measures 
 of this government. — 
 
162 The Life and Papers of Frederick Bates. 
 
 TO WILLIAM HENRY HARRISON 
 
 glB St. Louis July 17. 1807 
 
 The seals lately furnished by Mr Small for this territory 
 were made I believe by your order — May I ask the favor 
 of your advice in the settlement of the account! Mr Small 
 complains of the injustice of the delay and of the unrea- 
 sonable objections which have retarded the settlement. — 
 I take the liberty of enclosing a duplicate of his account 
 together with impressions of the seals. 
 
 If the work has been done agreeably to contract, and if 
 the charges are not immoderate I will immediately dis- 
 charge the demand. But on both these scores I entertain 
 some doubts. The Cape Girardeau impression is particu- 
 larly faulty and it does appear to me that $22 for a small 
 seal with but little ingraving is exorbitant. Yet Sir if you 
 will oblige both Mr Small and myself by saying in what 
 manner the account shall be adjusted, he shall hear no more 
 of difficulties and objections on my part. 
 
 TO COLONEL THOMAS HUNT, 113 COMMANDING AT 
 BELLEFONTAINE 114 
 
 a m Saint Louis, July 22. 1807. 
 
 I have lately received informations, which were I dis- 
 posed to place implicit reliance in them, I should consider 
 
 n3 Thomas Hunt of Massachusetts was a sergeant in Captain Craft's 
 company of minute men at Lexington and Concord. He served through- 
 out the American Revolution, and was wounded in the battles of Stony 
 Point and Yorktown. At the end of the war he held the rank of captain. 
 He became a major in 1793, a lieutenant-colonel in 1802, and a colonel 
 in 1803. In 1807 he was in command at Bellefontaine. He died on 
 August 18, 1808. 
 
 n4 Bellefontaine is on the Missouri River fourteen miles due north of 
 
The First Acting-Governorship. 163 
 
 of the most alarming nature. The interpreters of the 
 upper country, particularly Obannon of the Sac village, 
 writes me, that they have formed a powerful association of 
 all the Indians 115 between the Lakes and the Missouri for 
 commencing a war on the frontiers of the United States. 
 He farther assures me that several designing emissaries 
 from the Provinces of Upper Canada have dispersed them- 
 selves throughout the country, and are greatly instru- 
 mental in promoting this hostile disposition. The Ioways 
 only, we are told, withhold themselves from this threat- 
 ening combination. All the other nations are united and 
 for the purpose of attack, as soon as their corn is suffici- 
 ently ripe to supply them with provisions — it is said in 
 the month of September. 
 
 Now altho' I do not, by any means credit these rumors 
 to their full extent, I have thought it expedient to send 
 confidential persons into the country in order to ascertain 
 their truth or falsehood, — and in the meantime shall pre- 
 pare the militia to repel the attack, should it (contrary to 
 my expectations) be made. 
 
 Major Hempstead, 116 the aid[e] of the Commander-in- 
 chief of the Territorial militia waits on you for the purpose 
 of requesting transport to this place of the arms brought by 
 
 the St. Louis court-house. A Spanish fort was located there as early as 
 1768. It was afterward converted into a trading post. General Wilkin- 
 son selected the site as headquarters of the United States army west of 
 the Mississippi River, and United States troops were stationed there in 
 1805. Billon, Annals of St. Louis in its Territorial Days, 390-392. 
 
 us The principal tribes in that region were the Iowas, Sioux, Chip- 
 pewa, Winnebago, Sacs and Foxes, Kaskaskias, Peorias, Kickapoo, and 
 Pottawatomies. 
 
 ii6 Edward Hempstead was born at New London, Connecticut, on 
 June 3, 1780. He received a classical education under private tutors, 
 studied law, and was admitted to the bar in 1801. He practiced law in 
 Rhode Island for three years, and in 1804 moved to the District of 
 
164 The Life and Papers of Frederick Bates. 
 
 Capt. Bissell 117 and addressed to the Governor. These boxes 
 would have been taken out, as Capt. Bissell passed St. 
 Louis, had I not been fearful of increasing those appre- 
 hensions, already entertained by the people on account of 
 the smallpox. If you have men and a boat which can be 
 spared, you would very much oblige me by ordering this 
 transport. I know that in making this request I trespass 
 far on your courtesy and if inconvenient must supply other 
 conveniences. 
 
 I do not know in what state these arms at present are. 
 If they have been exposed to wet during their passage they 
 probably are not in preparation for use. You have few 
 armourers I presume, or you would be exceedingly trou- 
 bled with my solicitations, but as your garrison is not very 
 abundantly supplied with artificers, I must endeavor to 
 have this business done at St. Louis. 
 
 TO MICHAEL JONES AND ELIJAH BACKUS, 118 COM- 
 MISSIONERS OF THE LAND OFFICE, 
 KASKASKIA 
 
 Gentlemen, Saint Louis Jul y 23 - 1807 « 
 
 I had the honor of receiving this morning your letter 
 of the 18th. 
 
 Louisiana. He lived for a while at St. Charles, but moved to St. Louis 
 in 1805. He was soon appointed deputy attorney-general for the St. 
 Louis and St. Charles districts. He was attorney-general for the Terri- 
 tory of Louisiana (1809-1811) and delegate to congress from Missouri 
 Territory (1812-1814). In 1814 he was chosen speaker of the Missouri 
 territorial assembly. He died August 10, 1817. See Billon, Annals of 
 St. Louis in its Territorial Days, 205-206; Darby, Personal Recollections, 
 19-20. 
 
 n7 Daniel Bissell commanded at Fort Massac in 1799. He succeeded 
 Colonel Hunt in command at Bellefontaine. 
 
 us An act of congress of March 26, 1804 made provision for the 
 
The First Acting-Governorship. 165 
 
 You ask advice or cooperation in compelling the attend- 
 ance, on your board of certain inhabitants of this terri- 
 tory. — 
 
 If I had determinate ideas on a subject so new and 
 important, I should feel an extreme degree of diffidence 
 in offering them. I beg leave however to submit to you 
 that experience, which my limited acquaintance with the 
 subject has furnished me. — 
 
 The judicial powers of the Board of Commissioners 
 appear to be vested by special statute, for particular 
 objects, and I am doubtful how far the constructive powers 
 of ordinary courts, are impliedly given. You may it is 
 true compel the attendance of witnesses, but I scarcely 
 know in what particular mode you will punish for con- 
 tempts, altho' such a power, in some shape or other, must 
 or ought to be inseparable from the nature of the authori- 
 ties which you are exercising. — Much less can I see the 
 propriety of extending Process, beyond the limits of the 
 District. — 
 
 If however I am doubtful on these subjects I must con- 
 fess that the hesitation arises, rather from the want of 
 precedents, than from the clearness of the Law. — There 
 is now pending before our board, 119 whose powers in these 
 
 disposal of land in Indiana Territory, and for the settlement of claims 
 based upon French and British grants. Land offices were established at 
 Detroit, Vincennes, and Kaskaskia. The register and receiver were 
 empowered to act as land commissioners within their district. Jones 
 and Backus acted as commissioners at Kaskaskia. Their report, com- 
 pleted on December 31, 1809, aroused bitter animosities which became 
 factors in territorial politics. Clarence W. Alvord, The Illinois Country, 
 1678-1818, pp. 419-427. 
 
 ii9 The land commissioners of the Territory of Louisiana were then 
 governed by an act of congress of March 3, 1807. For this act, see U. S., 
 Statutes at Large, II, 440-442. 
 
166 The Life and Papers of Frederick Bates. 
 
 respects are very similar to yours, a motion for commis- 
 sions to take Depositions in Natchez. 
 
 The idea of a summons, extending beyond our limits was 
 never, I believe thought of, and Depositions appear to be a 
 species of evidence totally inadmissible. As Executive of 
 the territory, I cannot cooperate in the service of your 
 Process. Could I reconcile it with my duty, I should feel 
 a pleasure in doing so. — 
 
 Since however, the presence of these men appears so 
 desirable, I have advised Mr Robinson to visit Saint 
 Charles and the Meramac and endeavour to effect by per- 
 suasions what I am inclined to believe cannot be compelled 
 by law. — 
 
 TO WILLIAM CLARK 
 
 Saint Louis July 25. 1807 
 
 Dear Sir, 
 
 Major DeLaunay returned last night with the Organ- 
 ization. He delivered me your two letters of the 23d & 
 24. — The rumours of Indian hostility have been too seri- 
 ously represented. — We have indeed received letters 
 which speak of an association of several of the nations in 
 our vicinity for the purpose of attacking the white settle- 
 ments. It is even said that an artful fellow, a half blooded 
 Shawanee from Canada, caused it to be reported as pro- 
 phcyed some time ago, that a God would very soon appear 
 in the Illinois Country for the purpose of enabling the 
 Indians to retaliate the injuries which they are taught to 
 believe they are suffering from our government. What 
 these wrongs are, it is impossible for me to conjecture; 
 nor do I recollect that they have made any complaints, an 
 
The First Acting-Governorship. 167 
 
 inattention to which, on our part, could have created the 
 slightest degree of dissatisfaction. 
 
 This Rascal, as the story goes, lately fulfilled all the 
 predictions as far as related to his 'coming' and the more 
 exactly to personate a God, he has assumed the appearance 
 of old age and infirmity ; a mysterious, abstracted manner ; 
 a slovenly, slouching gait, and a long counterfeit beard. — 
 After all this it cannot be wondered at that his Apotheosis 
 should be chanted from Dan to Beersheba, from the Lakes 
 to the Missouri. — But the most important part of the pre- 
 diction, to wit this supernatural Emissary's scheme of 
 vengeance, remains yet in the womb of Fate, if, as I have 
 very good reasons to think, an abortion has not already 
 taken place. — But seriously General, I beg you to give 
 yourself no uneasiness on these subjects: There will be 
 nothing to do. His Divinityship has indeed created some 
 little stir and bustle, as these imposters always do but you 
 are mistaken in supposing that Boilvin 120 gives us all these 
 fearful informations. — It is Obannon alone, who has 
 taken upon himself to write also, in the name of a French- 
 man, in whom I have quite as little confidence. — On the 
 receipt of these letters, with a great deal of black sealing 
 wax about them, I immediately dispatched an Express to 
 Boilvin, who had left St. Louis some days previously for 
 the upper country, requesting him to make the most cau- 
 
 120 Nicolas Boilvin was born in Canada in 1761. He moved to Spanish 
 Louisiana in 1774. For many years he resided in the Ste. Genevieve 
 District. In 1802 he was at Mine a Burton and in 1803 was a petitioner 
 for lands at Old Mines. In 1806 he was appointed assistant Indian agent 
 at the Sacs villages. In 1808 he was sent to Prairie du Chien to serve 
 as Indian agent in the place of John Campbell, who had been killed in 
 a duel. See Iowa Journal of History and Politics, XII, 494-495; Minne- 
 sota Historical Society, Collections, III, 173; Wisconsin Historical Col- 
 lections, XIX, 314. 
 
168 The Life and Papers of Frederick Bates. 
 
 tious and diligent enquiry in order to ascertain the truth 
 or falsehood of these rumours. My messenger has returned 
 with his answer in which he expresses every necessary Zeal 
 for the performance of his duty; but conjectures that the 
 alarms are as groundless as those which we are every year 
 accustomed to hear, on the frontiers. I have issued orders 
 for an immediate examination of the arms and requiring 
 every man to equip himself as the Law directs. The 
 deficiencies of arms will be immediately reported, and sup- 
 plyed if the danger should become alarming by a distribu- 
 tion of those lately arrived. As often as I have interesting 
 matter I will write you at Louisville. 
 
 TO HENRY DEARBORN 
 
 Saint Louis Aug 2d. 1807. 
 Sir, 
 
 I do myself the honor of enclosing the translation of a 
 letter which I have lately received from a French Trader 
 at the Ricaras' Village. 121 As this letter contains all the 
 evidence which I have of the insecurity of the navigation 
 of the Missouri, I forbear to make comments. — Of 
 Courtin I know nothing ; — It is said that he is respect- 
 able. — 
 
 Graveline, 122 the Ricaras ' Interpreter, who was sent up 
 the River, in charge, as I understand, of the property of 
 a chief, who died during a visit to the government, presents 
 
 121 The Arikara villages were on the west bank of the Missouri River 
 about opposite Campbell, South Dakota. 
 
 122 Joseph Gravelines, a Frenchman and squaw man, lived for over 
 twenty years among the Arikara. He was very useful to Lewis and 
 Clark. In 1805 he accompanied an Arikara chief to Washington. 
 
The First Acting-Governorship. 169 
 
 an account of $200 for unavoidable expenses incurred in 
 the expedition. 
 
 Mr. Chouteau 1 -" the Agent, in the absence of General 
 Clark consulted me with respect to the propriety of settling 
 it. — I declined an interference in pursuance of those 
 determinations communicated to you in my letter of the 15 
 of May last. Mr. C. will he tells me pay the demand, as 
 the necessities of Graveline will not suffer the delay of an 
 application to you. — 
 
 We hear a great deal of Indian preparation for war; 
 but I dislike extremely to trespass on your time by a need- 
 less recital of groundless rumours. — Obannon, a man 
 in the service of the Indian department at the Sac-Village 
 has lately written me on these subjects. He has I suspect, 
 combined those reports of hostility which always circulate 
 on the frontier and clothed them with imaginary terrors 
 for the purpose of inducing government to make a military 
 establishment in that quarter. 
 
 Altho ' I am persuaded that these alarms will pass away 
 without serious results, I have not thought myself at lib- 
 erty altogether to neglect the intimations. 
 
 I dispatched an Express to Boilvin, who was on his way 
 to the upper country, with instructions to ascertain the 
 truth or falsehood of Obannon's account. — Orders have 
 likewise been issued for the Militia to be in readiness to 
 repel an attack should it be made. 
 
 Twenty boxes of arms and a box of Flints have been 
 this day received from Belle Fontaine whither they had 
 been carried at my desire to avoid the contagion of the 
 small pox which was said to be on board Captain Bissell's 
 
 123 pierre Chouteau. 
 
170 The Life and Papers of Frederick Bates. 
 
 Boats and of which the People of Saint Louis were 
 extremely apprehensive. 
 
 TO JAMES MADISON 
 
 St. Charles Aug. 8. 1807 
 Sir, 
 
 I had the honor of receiving this day, by Express from 
 St Louis, your letter of the 2d ulto. covering the Presi- 
 dent's Proclamation on the subject of the late outrage on 
 the Chesapeake, and other national differences. 124 
 
 On this remote frontier, we partake in the fervors of our 
 Atlantic Countrymen; and should the occasion present 
 itself, would, I am persuaded shew ourselves Americans 
 as well as in conduct as in profession. 
 
 It has not been in my power to make Eeports of the 
 legislative and executive acts: They shall be transmitted 
 before the next session of Congress. — 
 
 To defray the expences of printing the territorial laws, 
 I presume I shall be permitted to draw on the Secretary 
 of the Treasury. 
 
 TO JAMES MADISON 
 
 Saint Louis Aug 12. 1807. 
 Sir, 
 
 As permitted by your letter to my predecessor of 3d 
 January last I have this day drawn on you at five days 
 
 124 The British frigate Leopard fired upon the Chesapeake on June 22, 
 1807. On July 2 Jefferson issued a proclamation requiring all British 
 war vessels to leave American waters; intercourse with them was for- 
 bidden, and furnishing them with supplies was prohibited. American 
 
The First Acting-Governorship. 171 
 
 sight in favor of Colo. John Small of Vincennes for the 
 sum of two hundred and twenty eight dollars for seals 
 furnished for the use of this territory. — 
 
 I, at first, thought the amount somewhat immoderate, 
 but Governor Harrison writes me that he has paid similar 
 prices. 
 
 A duplicate of Mr. Small's acct. is inclosed. 
 
 TO HENBY DEARBOKN 
 
 glR Saint Louis Aug 12 1807. 
 
 On examining the arms lately arrived for the defence of 
 this territory, find that they have contracted a rust which 
 will render them unfit for use until they are cleaned and 
 repaired. 
 
 I was unwilling to incur an expence for this object and 
 applyed to Colonel Hunt, who I imagined would find it 
 convenient to give me the assistance of three or four sol- 
 diers. He has declined to do so, alledging the variety of 
 garrison and fatigue duty in which his men are continually 
 employed. 
 
 I shall take the liberty of drawing on you for the amount 
 of this expenditure, and hope that you will sanction a 
 measure which existing circumstances appear to me to 
 render indispensable. 
 
 Mr. Boilvin is yet in the Indian Country endeavouring 
 to ascertain the cause, extent and object of the combina- 
 tion, which I am convinced has been forming for some 
 time past. 
 
 State Papers, Foreign Affairs, III, 23-24; J. D. Richardson, Messages and 
 Papers of the Presidents, I, 422-424; Henry Adams, History of the 
 United States, IV, 1-26. 
 
172 The Life and Papers of Frederick Bates. 
 
 He wrote me from the Sac village on the 2d of the present 
 month and gives as his opinion that a few arms should be 
 sent to River Des Moines to enable the settlers in that 
 quarter to defend themselves. I do not however deem it 
 prudent to defeat the intentions of government by so negli- 
 gent a distribution. If our citizens disperse themselves so 
 widely, they ought to encounter the hazzards, and not 
 expect to be followed by protection in all their erratic 
 enterprizes. — 
 
 The British Merchants of Canada, are plotting mis- 
 chiefs — and will dispose as many of the northern Indians 
 to hostility as possible. In the event of a war they will 
 endeavor to supply them with military stores, which might 
 I should think be intercepted by the vigilance of the officers 
 commanding on the Lakes. 
 
 AUGUSTUS B. WOODWARD TO BATES 
 
 Detroit, August 12. 1807. 
 
 I had the happiness on the seventh of this month of 
 receiving your letter of the eighteenth of June. 
 
 My respect and attachment for you have not been 
 changed, they have not been diminished in the smallest 
 degree, by any of the occurrences to which you have 
 adverted. They have been hitherto unchangeable, and I 
 flatter myself will remain so forever. 
 
 So far as the publications you speak of implicates the 
 personal honor of the officers of government I have fully 
 justified the governor, yourself, Mister Griffin, 125 and 
 myself, in a letter to the Secretary of State ; shewing that 
 
 125 John Griffin, Michigan territorial judge. 
 
The First Acting-Governorship. 173 
 
 the two latter were uninterested, defining the extent of 
 interest with respect to the first, and stating that with 
 respect to the donation to which you were entitled it was 
 impossible for the conduct of any person to be more disin- 
 terested and honorable. So far as those publications 
 impeach the propriety of public measures they can only 
 be tested by the result, and this will be better than was 
 expected. — A petition has lately been circulated requesting 
 the President of the United States to dismiss the Governor 
 from office. It had obtained numerous signatures, but the 
 contents were kept profoundly secret. Report ascribed the 
 principal agency to Mr. Griswold, Mr. Abbott, Mr. Wil- 
 liams, and Mr. Gentle. 126 A copy of the petition was 
 demanded by letter and refused. The Governor dismissed 
 Mister Abbott from all his offices. Mister Williams has 
 resigned, and left the country. Mister Cotterell, who had 
 signed, has done the same. — These events gave great sur- 
 prize to the inhabitants; and occasioned, of course, much 
 discussion. The result was that the public mind became 
 enlightened, the objects of the intrigues were perceived, 
 incessant demands were made to take off the names of 
 signers, and the influence of the intriguers became effect- 
 ually checked, if not dissipated. We are now once more 
 comparatively calm, if it were not for another idle tale 
 of an Indian war, to which I am sorry to say the Governor 
 gives too much credit, and takes measures which I am 
 apprehensive will give him future trouble. He is fortifying 
 the town from Beaubien's farm to Mc Comb's, and from 
 the river to the little square, contrary to the most earnest 
 advice I could give him, and without a shilling to meet the 
 
 126 Probably John Williams and John Gentle. See list of inhabitants 
 of Detroit in 1806, in Michigan P. and H. Society, Collections, I, 345. 
 
174 The Life and Papers of Frederick Bates. 
 
 enormous expence. Picquets, blockhouses, and batteries 
 appear in all directions. Our panic-struck inhabitants 
 out-rival the industry of the bee. But I know what will 
 be the result. Their ardor will cool before the work is 
 half done. What will have been done will then be of no 
 more service than if it had been entirely omitted. In 
 revenge for their own folly they will turn round, and load 
 with imprecations their good and well meaning executive. 
 They will sign another petition to have him dismissed from 
 office, and he will have a second course of persecution to 
 sustain. He does not understand the temper of the people 
 of this country, and his want of firmness will diminish his 
 usefulness. 
 
 I render you my thanks for the biographical notices in 
 your letter, with which I was much gratified; and my 
 fervent aspirations for your health and happiness. 
 
 TO AUGUSTE CHOUTEAU 
 
 g m Saint Louis Aug 20. 1807. 
 
 Desirous of availing the District of Saint Louis of your 
 services I enclose you a commission as Judge of the Courts 
 of Common Pleas, and of the Quarter Sessions. 
 
 TO RICHARD BATES 
 
 Saint Louis Aug 24. 1807. 
 
 You cannot have forgotten, my dear Richard our con- 
 versations on the subject of my differences with Judge 
 Griffin. I never did injure the man; but his petulant sus- 
 picious ill nature conjured up certain charges which I was 
 
The First Acting-Governorship. 175 
 
 very desirous to have personally rebutted. — But as cir- 
 cumstances which I knew not how to controul, prevented 
 my immediate return to Detroit I replied by Post to the 
 Judge's intemperate letter, and pledged myself, when 
 opportunity served, to make him ashamed of his unhand- 
 some treatment of me. This letter was couched in terms 
 somewhat peremptory, and has awakened it seems, the 
 most vindictive and blood thirsty resentments. He has 
 been at Vincennes for six or eight weeks, waiting I pre- 
 sume, the arrival of Governor Lewis, in whose absence 
 he knows that I cannot meet him. — 
 
 I have been taking my measures, deliberately and at 
 leisure. — I have the letters of Judge Woodward, which 
 are honorable testimonies in my behalf and the most 
 damning proofs of Griffin's ungentlemanly forfeiture of 
 his honor solemnly pledged. I defy him to produce one 
 reasonable complaint against me. I am the person injured, 
 and he foolishly comes forward to demand satisfaction. — 
 He shall be satisfied. — 
 
 No sooner did he arrive at Vincennes than he tells his 
 business. 'He is going to Louisiana to call Bates to 
 account. ' — Every eastern breeze wafts us accounts of his 
 vapouring. Is such conduct like a man of honor! Is it 
 worthy of Judge Griffin or of me? Hereafter I will give 
 you a statement of the whole affair: At present I have 
 not time. This I will say, that I feel a proud consciousness 
 of right, and a determination steadily to pursue that path 
 which my best judgments dictate. — &c. &c. &c. 
 
 F. BATES. 
 
 Note: This letter was never sent. Judge G. disavows 
 the Threats he had heard similar ones of me wch. I also 
 
 disavow - F. BATES Sep 20. 1807. 
 
176 The Life and Papers of Frederick Bates. 
 
 GEORGE HOFFMAN 127 TO BATES 
 
 Mackinac, Aug. 25, 1807. 
 Dear Sir, 
 
 It is thought probable that an Indian Agent will, the 
 ensuing fall, be appointed to reside at the Prairie du Chien. 
 John Campbell, 128 Esq., who resides at that place will accept 
 of the appointment if it is offered to him. 
 
 Capt. Dunham 129 & myself have presumed to recommend 
 him. He is in my opinion perfectly qualified & capable of 
 discharging the duties of that office faithfully & for the 
 interest and advantage of our Government. 
 
 He has lived many years amongst the Indians, is per- 
 fectly acquainted with the languages, manners and customs 
 of the Indians of that Country. Has more influence over 
 them than perhaps any other person in the U. S. 
 
 Mr. Campbell is a gentleman, a man of invincible honor 
 & honesty. Should you think proper to recommend him to 
 the President of the United States for that office you will 
 confer a very singular obligation on your friend. . . . 
 
 P. S. I wrote to you Pr. Mr. Aird 130 on the subject of 
 this letter, but as it is uncertain whether he will reach St. 
 
 127 Hoffman was Bates' associate as land commissioner at Detroit. 
 
 128 John Campbell was a British subject and for a time was con- 
 nected with the Michillimackinac Company. He eventually became a 
 citizen of the United States and was appointed Indian agent at Prairie 
 du Chien. He was called to Mackinac on business and there got into 
 difficulties with Louis Crawford, an agent of the Michillimackinac Com- 
 pany. In a duel, Redford Crawford, the brother of Louis, killed Camp- 
 bell. See the Missouri Gazette, November 30, 1808; Wisconsin Historical 
 Collections, XIX, 325, 342. 
 
 129 Probably Josiah Dunham. 
 
 130 James Aird was a Scotchman who embarked in the fur trade at 
 Mackinac. He was one of the earliest settlers at Prairie du Chien. In 
 
The First Acting-Governorship. 177 
 
 Louis so soon as the boat, which is just about starting, 
 etc., I have taken the liberty of writing to you again. 
 I shall be extremely happy to hear from you often. 
 
 TO RICHARD JONES WATERS, 131 FIRST JUDGE OF 
 THE DISTRICT OF NEW MADRID 
 
 Saint Louis Sept 1. 1807. 
 Sib, 
 
 The Mail of this morning brought me your letter of the 
 12 ulto. — Commissions for yourself and Mr. Amoureux 
 as Judges had been forwarded some days previously to 
 the receipt of your recommendations. — I now transmit 
 commissions for Messrs. Winsor 132 & Dorsay. 133 — 
 
 I regret that you had not as Commissioners of Rates & 
 Levies, made such a Division of the District, into Town- 
 ships, as the Law, long since transmitted, contemplates. — 
 Until the Division mentioned in your letter be concurred 
 in by one other of the Commissioners, at least, I must beg 
 
 1806 Lewis and Clark met him ascending the Missouri River. In May, 
 1811 Bradbury met him at the Omaha village. He was on the British 
 side in the War of 1812. From the cessation of hostilities until his 
 death in 1819, he operated mainly upon the upper Mississippi. See 
 John Bradbury, Travels, in Early Western Travels, V, 87; Wisconsin His- 
 torical Collections, IX, 178-179. 
 
 131 Waters was a native of Maryland, who was induced by Morgan 
 to settle at New Madrid. He engaged extensively in the Indian trade 
 and was a large landholder. He was a judge of the New Madrid District 
 court of common pleas and quarter sessions which was organized in 1805. 
 
 132 Christopher Winsor or Windsor was living in the District of New 
 Madrid as early as 1796. 
 
 133 Dr. Samuel Dorsey or Dorsay, a native of Maryland, was a sur- 
 geon. He moved from Vincennes to New Madrid in 1793. 
 
178 The Life and Papers of Frederick Bates. 
 
 you to withhold the Commissions herewith inclosed, for 
 Justices. 
 
 I shall, at all times, be happy to hear, from you, on the 
 affairs of the District. 
 
 TO THOMAS C. SCOTT 134 
 
 Saint Louis Sep 1. 1807 
 Sir, 
 
 The appointments of Treasurer and coroner for your 
 District do not appear on the Register, delivered me by my 
 Predecessor. 
 
 I enclose commissions for both those officers, under an 
 expectation that they are vacant. 
 
 Should they be already filled, you will oblige me by de- 
 stroying the commissions now forwarded. 
 
 TO COLONEL THOMAS HUNT 
 
 Saint Louis Sep 4. 1807. 
 Sir, 
 
 The letter of Mr. Hunt 135 which you did me the favor to 
 enclose, I have read with attention. 
 
 The Indian alarms, independently considered would be 
 
 1 34 Thomas C. Scott was appointed clerk of the court of common 
 pleas and quarter sessions of the District of Cape Girardeau on May 7, 
 1807, succeeding Joseph McFerron. 
 
 135 Probably Wilson P. Hunt. He came from Trenton, New Jersey, 
 to St. Louis in 1804 and engaged in the merchandise business with John 
 Hankinson. In 1810 he became connected with the Astor interests, and 
 in 1811 left St. Louis with seventy men to ascend the Missouri River 
 and go to the Pacific. 
 
The First Acting-Governorship. 179 
 
 scarcely worth regard; but taken in connection with our 
 differences with G. Britain become most seriously inter- 
 esting. 
 
 Boilvin has returned. He brings no explicit informa- 
 tions. The Sacs, and other Indians of the Mississippi 
 treated him, on his first arrival among them, with coolness 
 and distance: and altho' by art and management, he did, 
 before his return, hold several conversations with them, 
 it was evident that their minds had been poisoned by mis- 
 chievous Emissaries. 
 
 The accounts which I have received from various quar- 
 ters, agree in this, that the Indians of the north and the 
 west, of the Mississippi and Missouri can never be brought 
 to cooperate. Mr Chouteau, pledges himself, in the event 
 of a war, for the neutrality of the Osages. These latter have 
 received invitations from the Sacs, to meet them in Council, 
 the latter end of this month. Their chief White Hairs 136 
 is greatly opposed to this meeting, and has desired Mr. 
 Chouteau, to visit his villages, in order to strengthen his 
 authority, and prevent by his Councils, the young men from 
 assembling. — 
 
 A PROCLAMATION 
 
 By Frederick Bates Secretary of the Territory of Louis- 
 iana and exercising the Government thereof 
 
 Whereas, by an Act of the Congress of the United States, 
 of the 3d of March last, it was enacted that no person 
 
 136 An Osage chief, known also as Teshuhimga, Cahagatonga, Pahuska, 
 or Cheveux Blancs. He was head chief of the Great Osage. Lieutenant 
 Wilkinson claimed that he was created a chief through the influence of 
 Pierre Chouteau. In July, 1804, on the recommendation of Lewis, 
 Chouteau took White Hairs and a delegation of Osages to Washington. 
 
180 The Life and Papers of Frederick Bates, 
 
 should, after that day, take possession of, or make settle- 
 ment on any lands ceded or secured to the United States, 
 by any treaty made with a foreign nation ; nor survey, nor 
 attempt to survey such lands; nor designate boundaries, 
 by causing trees to be marked thereon, unless duly author- 
 ised so to do. — And whereas, I have been directed by the 
 President of the United States to execute and carry into 
 effect the said Provision as relates to this Territory — 
 
 Now therefore, I do strictly in join and require that all 
 Intruders falling within the above Prohibition, remove, 
 without delay from such settlements, and that all persons 
 forbear, in future to violate the provisions of the said Act, 
 as the penalties thereof will be rigidly enforced against all 
 offenders. 
 
 In testimony whereof, I have caused the Seal of the 
 territory to be hereunto affixed and subscribed my name at 
 Saint Louis the Sixth day of September, one thousand, 
 eight hundred & seven, and in the 32d year of the Inde- 
 pendence of the U States. 
 
 FREDERICK BATES 
 
 TO ALBERT GALLATIN 
 
 St. Louis 8 Sept. 1807. 
 Sir, 
 
 I was honored with your instructions of the 29 July by 
 last mail. The Presidents constructions of the 1st 137 & 
 
 See John Bradbury, Travels, in Early Western Travels, V, 38, 62; Timothy 
 Flint, Recollections, 155; Louis Houck, History of Missouri, I, 192-194; 
 Z. M. Pike, Expeditions of . . . (Coues, ed.), II, 387-393, 557-558; 
 F. W. Hodge, Handbook of American Indians, II, 994. 
 
 137 Section 1 repealed that portion of Section 1 of the act of congress 
 
The First Acting-Governorship. 181 
 
 4th 138 Sections of the act of the 3d of March last, and his 
 forbearance with respect to the execution of the 14 Section 
 of the act of the 26th March 1804, 139 will, in a great degree, 
 prevent, for the present, the removal of Intruders, who 
 for the most part made their establishments before the act 
 of the 3d of March last 'To prevent settlements &c. &c.' 
 
 It is I think certain that those persons can have no 
 pretensions to title, neither under the act of the 2d of 
 March 1805, 140 alluded to in the 1st Section of the late act, 
 nor under those acts subsequently passed on the land 
 subject. 
 
 From the concluding Paragraph of your letter, I under- 
 stand your expectations to be, that I should obtain the 
 possession for the United States of those Lead Mines, on 
 which intrusions were made before the 4th of March last, 
 by the amicable means of conditional leases, and by those 
 means only. This expedient will be attempted, if I find it 
 practicable on eligible terms: But from the temper of the 
 present occupants, I have no reason to anticipate a peace- 
 able compromise. 
 
 Between these People and myself, there is at this time, 
 neither correspondence nor confidence, and I well know 
 that nothing but the compelling sanctions of the Law, will 
 
 of March 2, 1805, which provided "that no incomplete title shall be con- 
 firmed unless the person in whose name the warrant or order of survey 
 had been granted, was at the time of its date, either the head of a 
 family, or above the age of twenty-one years." U. S., Statutes at Large, 
 II, 440. 
 
 138 Section 4 gave the land commissioners large powers in the settling 
 of claims held under French and Spanish grants. Ibid., II, 441. 
 
 139 For Section 14 of the act of congress of March 26, 1804, see ibid., 
 II, 287-289. 
 
 1*0 For the act of March 2, 1805, see ibid., II, 331-332. 
 
182 The Life and Papers of Frederick Bates. 
 
 ever place them, on an equality of right, with the orderly 
 inhabitants of this country. 
 
 Numerous applications have been made by persons 
 desirous of becoming tenants at will, under the 2d Section 
 of the act 141 of the last Session. 
 
 These permissions can be given only in conformity with 
 your instructions : and the persons applying have been in- 
 formed that the Provision does not embrace Louisiana, 
 until you may think proper to extend it. 
 
 TO HENRY DEARBORN 
 
 St. Louis 8 Sept 1807. 
 Sir, 
 
 Mr Boilvin has returned from the Upper Country. — 
 As he thinks it his duty to report immediately to yourself 
 it cannot be necessary that I do so. 
 
 He is honest; faithful; and sufficiently industrious; but 
 from a strange perversity of thinking, he sometimes acts 
 with much indiscretion. — As his conduct is governed by 
 special instructions from yourself, I have not permitted 
 myself to interfere in the ordinary affairs of his Sub 
 Agency: But on a late occasion, the affair which is the 
 subject of his present report, when I desired him to ascer- 
 tain certain facts, he deemed it sufficient to lay those facts 
 before you, until I convinced him by a very warm remon- 
 strance, that it was also necessary for the safety of the 
 Territory, that I should be informed on the subject. 
 
 "I U. S., Statutes at Large, II, 440. 
 
The First Acting-Governorship. 183 
 
 TO SAMUEL HAMMOND, JR., 142 MINE A BURTON 143 
 
 g IR Saint Louis Sep 11. 1807. 
 
 Your letter of the 8th was handed me by Mr Hart. — It 
 is like yourself, open frank and unequivocal. The spirit 
 which it breathes is truly American; and I consider our 
 country fortunate and happy in being the mother and the 
 nurse of so numerous a band of Choice Spirits, ready on 
 all proper occasions to guard her rights, and vindicate her 
 honor. 
 
 My notions of the defence of a frontier are however 
 somewhat different from yours. When we establish our- 
 selves on the borders we voluntarily encounter hazzards of 
 various kinds; and you and myself, I am very sure, are 
 too much of Republicans, to wish a regular army, perma- 
 nently stationed for our defence. As we are uncertain, 
 when if ever, the attack will be made, we should ourselves 
 be prepared to repel it. 
 
 It is not even just that the People of the United States 
 should pay the expences of our equipment. They already 
 pay large sums on our account, and I am aware of no very 
 good reason, which could be given, Why they should also 
 pay for the arms necessary for the defence of our fire- 
 sides. When we have exerted our strength and found it 
 
 1*2 Colonel Samuel Hammond, Sr., was a Revolutionary War veteran 
 from Virginia. He was bitterly opposed to Wilkinson. Wilkinson charged 
 Hammond's nephew, Samuel Hammond, Jr., with the wanton murder of 
 an Indian. The coroner's inquest, held at St. Louis on May 26, 1806, 
 found that he killed a Kickapoo Indian while defending Colonel Return 
 J. Meigs and Dr. Antoine Saugrain. 
 
 143 The spelling varied. It was commonly spelled Mine a Burton or 
 Mine a Breton, but it appears as Mine a Briton, Mine au Briton, Mine 
 a Britan, etc. 
 
184 The Life and Papers of Frederick Bates. 
 
 insufficient, we shall then, and not before, be reinforced 
 by regulars. 
 
 It is true that I have lately received a few hundred stand 
 of arms; but to scatter them over the territory would be 
 to render them totally useless and defeat the views of the 
 general government to whose liberality we are indebted 
 for them. 
 
 A better occasion than the present will be chosen for 
 their distribution. 
 
 TO ANTHONY HAYDEN 144 AND THOMAS C. SCOTT 145 
 
 St. Louis Sep 12. 1807. 
 Gentlemen, 
 
 It had been erroneously impressed upon my mind that 
 a Dedimus to administer oaths had been long since for- 
 warded to the Cape. 146 
 
 I now enclose one — with my regrets that the late diffi- 
 culties should have occurred thro ' my omissions. — 
 
 TO THOMAS C. SCOTT 
 
 St. Louis Sep 12. 1807. 
 Sir, 
 
 Your Commission as Clerk of the Court of Common 
 Pleas, and of Sessions & of Agent Terminer were for- 
 warded some time ago, I now send you seals for the two 
 
 144 A lawyer of Cape Girardeau. Bates spelled the name Haden. 
 
 145 Probably Thomas Baytop Scott, who in 1805 was appointed com- 
 mandant of the District of Cape Girardeau. 
 
 146 Cape Girardeau was known locally as "The Cape." Babcock, 
 Memoir of John Mason Peck, 82. 
 
The First Acting-Governorship. 185 
 
 former courts with which I believe your office has never 
 been furnished. 
 
 Enclosed you have also a copy of the Law ascertaining 
 Fees. 147 It will remain in your office, but I desire it may be 
 consulted by those concerned. — 
 
 Your refusal to administer Oaths of Office to the persons 
 lately appointed, was certainly correct and proper ; but the 
 reasons you give for it are totally inapplicable. Had you 
 read the organic law of the Territory, your answer to the 
 applicants would have compressed itself, into the simple 
 observation that ' until the Governor direct before whom 
 Oaths of Office shall be taken, they can be taken before no 
 person.' 
 
 The application might have been made with the same 
 propriety to any other inhabitant of the district as to your- 
 self. 
 
 I extract a paragraph from a late communication of 
 Messrs Hays, 148 Byrd, 149 Green 150 & Henderson. 151 
 
 147 For fees, see Sections 6 and 7 of the act establishing courts of 
 justice and regulating judicial proceedings, passed July 3, 1807. Mo. 
 Territorial Laws, I, 107-109. 
 
 148 Christopher Hays was a surveyor from Pennsylvania who came 
 to Upper Louisiana with Morgan. In 1800 by special permission of Casa 
 Calvo he made a settlement eight miles north of modern Gordonville. 
 In 1805 he was appointed presiding judge of the court of common pleas 
 and quarter sessions for the District of Cape Girardeau. 
 
 149 The Byrd settlement was about sixteen miles northwest of Cape 
 Girardeau. Amos Byrd, the founder of the settlement, was reared in the 
 Watauga Valley, and founded Byrd's Station in the Holston River Valley. 
 He moved to the Cape Girardeau District in 1799. On August 20, 1807 
 he was appointed judge of the court of common pleas and quarter sessions 
 for the District of Ste. Genevieve. 
 
 iso in 1805 Robert Green was appointed a judge of the court of 
 common pleas and quarter sessions of the District of Cape Girardeau. 
 He was reappointed on August 20, 1807. 
 
 i5i George Henderson was appointed recorder, judge of probate, and 
 treasurer of the District of Cape Girardeau on August 20, 1807. 
 
186 The Life and Papers of Frederick Bates. 
 
 'It is with pain we have to observe that Mr Scott spoke 
 of the government' (I presume they mean of the person 
 exercising the government) with the greatest contumely 
 and disrespect in his conversations with us. ' — Perhaps 
 this affair is susceptible of explanation — I hope it is, For 
 as there are certain decorums which I do not permit myself 
 to violate in my correspondence with the subordinate 
 officers of this government, I confidently expect that the 
 observance of those decorums should be mutual — 
 
 TO MOSES AUSTIN 
 
 St. Louis Sep 12th 1807 
 Sir, 
 
 I have delayed very long to answer your letter of the 2d 
 of Augt. — Neither do I know at this moment in what 
 manner it should be answered. It is pretty generally 
 acknowledged that you and Colo. Smith have been at the 
 head of the two great parties, which have divided the 
 District. 
 
 Your opponent has been dismissed from office with as 
 much abruptness as the decorums of such a measure would 
 justify, and it appears to me correct and proper, that your 
 several friends should be no longer known as the partizans 
 of their respective leaders. — 
 
 With respect to the disaffection of certain persons in 
 your quarter of the country, you must be very sensible 
 that I have no proofs. The conduct of Colo. Smith has 
 been before the grand Jury; against him there were 
 stronger presumptions than against others — and yet 
 nothing was substantiated. 
 
The First Acting-Governorship. 187 
 
 When a Public Agent proscribes a Citizen and declares 
 him unworthy of public trust, the world will expect to be 
 told of what he has been guilty. — I have nothing but the 
 surmises of their enemies to offer. — 
 
 Major Cook 152 has been with me — He recriminates tho' 
 he knows nothing of your accusations: But permit me to 
 assure you that I entertain the same opinions of the purity 
 of your character and conduct that I ever did. 
 
 With respect to a Legionary corps I approve your idea, 
 and should certainly be gratified by sanctioning such an 
 arrangement — but it cannot be at this time carried into 
 effect. It shall not be forgotten. 
 
 Mr James Austin 153 is so fully possessed of my feelings 
 on these subjects, that he will convey them to you more 
 satisfactorily than I have leisure to do. — 
 
 TO WILLIAM CLARK, LOUISVILLE 
 
 Saint Louis Sep 15. 1807. 
 Dear General, 
 
 Your letters both by Mr Chouteau and by Mr. Steel 
 have been received. 
 
 You wiite # me that the Packet of Laws, contained forty 
 
 152 Nathaniel Cook came from Kentucky to Louisiana in 1797. In 
 1799 he settled several miles southwest of the Murphy Settlement in the 
 Ste. Genevieve District. The place has been known locally ever since as 
 the Cook Settlement. He was a deputy-surveyor of the District and 
 was appointed one of the first judges of the court of common pleas and 
 quarter sessions. He had a distinguished military career in the War of 
 1812, and became a powerful factor in Missouri politics. In 1820 he 
 was a formidable opponent of Benton for the senatorship. 
 
 153 James Austin was a cousin of Moses Austin and served as a sort 
 of general factotum for him in his mining and commercial ventures. 
 
188 The Life and Papers of Frederick Bates. 
 
 copies. I presume there must be some mistake as no more 
 than 31 arrived. 
 
 They are delivered to Major Delaunay for distribution. 
 
 I am surprized and mortified that those exaggerated 
 reports which you mention should circulate with respect to 
 Indian hostility. We hear them every day in our own 
 streets, and before they reach Louisville they are, no doubt 
 clothed with additional circumstances of terror. I disbe- 
 lieve the whole of them: And yet to tranquillize the 
 popular apprehension, I have ordered Drafts of about one 
 third of the Militia to be made immediately; to muster at 
 their respective regimental Parade grounds, and to be in 
 readiness to march at a moments warning. This I did to 
 silence the Clamours of those Ravens, who are perpetually 
 croaking about the Tomahawk and the Scalping Knife. 
 
 On Boilvin's return I was convinced that whatever dis- 
 contents existed in the Indian country, we should have no 
 war, and the late arrival of Mr. Aird from Mackinac has 
 confirmed these persuasions. 
 
 It does appear even now to P. Chouteau that the northern 
 Indians are very solicitous to come to a perfect under- 
 standing with the Osages, that in the event of a war, and a 
 Defeat they may have a place of Eefuge. 
 
 I am fearful that nothing can be done for Mr Steel. 154 . He 
 has neither types, material nor capital. If he had brought 
 even his press to the country, we would I presume have 
 supplied him with every thing. But he comes empty 
 
 The editor is indebted to Professor Eugene C. Barker for the above 
 information. On August 26, 1807 James Austin was appointed justice 
 of the peace for Breton township. 
 
 154 Probably John Steele who in 1809 opened a "Stock of new goods 
 next door to Mad'e Robidoux's, with about 2000 gallons of whiskey." 
 
The First Acting-Governorship. 189 
 
 handed; and his enquiries amount only to this 'Are you 
 desirous of establishing" a Press, and shall I be your 
 Agent V 
 
 Some dissatisfactions have arisen from the late military 
 organization. Major Lorimier 155 of Cape Girardeau is very 
 much disliked by a certain set of People, and I am fearful 
 that their factions will break up the troop of Cavalry. 
 
 With the advice of Maj. Delaunay I shall advise Lorimier 
 to resign, for whatever may be his worth as a military 
 man, the objections are insuperable. 
 
 TO OTHO SCHRADER 
 
 St. Louis 16 Sept 1807 
 Sir, 
 
 I have the honor of acknowledging the recpt of yr. letter 
 of the 13 and take the liberty of enclosing a General 
 Dedimus to yrself & Mr. Oliver. 156 Mr. PennimanV 57 is 
 still in force. 
 
 The informations that the judicial appointments have 
 
 155 Louis Lorimier was born on the Island of Montreal in 1748. He 
 traded with the Indians at Pickawillany as early as 1769. His trading 
 house near the Miami River was known as "Laramie's Station" and "The 
 Frenchman's Store." He was a violent Tory in the Revolution and 
 assisted the British in raiding into Kentucky. His station was broken 
 up by George Rogers Clark in 1782. In 1787 he engaged in the Indian 
 trade in the Ste. Genevieve District and proved of great service to the 
 Spanish authorities. In 1795 he was granted the lands where Cape 
 Girardeau is now situated and became commandant of the post. In 1796 
 he was instrumental in bringing the Shawanee and Delaware Indians to 
 the Cape Girardeau District. He was engaged in the Indian trade up to 
 
 the time of his death in 1812. Houck, History of Missouri II, 169-179. 
 
 156 Thomas Oliver. 
 
 157 Joshua Penneman, Penniman, or Pennyman. 
 
190 The Life and Papers of Frederick Bates. 
 
 been pleasing to the people, give me a high degree of 
 pleasure. I have had some vexations of late & this serves 
 as a counterbalance. 
 
 Since you have been unable to select a Coroner, a com- 
 mission will be offered to Mr Hawkins, 158 tho' it is probable 
 he will decline. 
 
 TO WILLIAM HENRY HARRISON 
 
 Saint Louis Sep 16. 1807 
 
 Sir, 
 
 I believe it my duty, when the alarm on account of Indian 
 Preparation for war is so general, to state to you briefly 
 my informations on the subject. 
 
 The accounts which I have received from time to time, 
 compel me to believe that there is a great deal of dissat- 
 isfaction among them; but I cannot think, that they have 
 profited so little by former experience as to commence 
 their depredations, unless powerfully supported from 
 abroad. — Mr. Aird, a respectable Trader lately from 
 Mackinac who passed thro' the country as a British Mer- 
 chant, and in that character had opportunities of ascer- 
 taining, the views and intentions of the Indians generally, 
 assures me that it is only in the event of a British War, 
 that they will become hostile. — 
 
 In a talk, yesterday morning with several Sac chiefs, 
 they expressed their surprise that it should have been 
 
 158 December 11, 1804 John Hawkins was appointed a judge of the 
 court of common pleas and quarter sessions for the District of Ste. 
 Genevieve. 
 
The First Acting-Governorship. 191 
 
 thought necessary to reenf orce the Camp on the Missouri ; 
 and pretended to be fearful that the United States, were 
 about to commence a war upon them in order to get posses- 
 sion of their lands. Altho' this was a mere subterfuge, 
 yet I thought proper to treat it as a serious expostulation 
 and assured them that their great Father 159 would perform 
 all the promises which you made them in the year 1804, 160 
 as long as they should keep in mind the reciprocal engage- 
 ments entered into by themselves. 
 
 I have not believed, and do not at this moment believe, 
 that we have any immediate danger to expect: In order 
 however to calm the Public apprehension, and really to be 
 in readiness to put forth our strength, should the occasion 
 require it, I have ordered Drafts of about one third part 
 of the Militia; they will muster at their respective regi- 
 mental parade grounds, and be always prepared to march 
 to a general rendezvous. — 
 
 Should the present misunderstanding with Great Britain 
 terminate in an open rupture, the influence of the agents 
 of that government will be exerted. But it appears to me 
 probable, that the Canadas and our northern borders will 
 be the scene of the savage part of the contest, and that we 
 shall in this quarter be less exposed to their incursions. 
 
 I hope and believe that should it be in your power, to 
 favor me with any intimations which could give a direction 
 to the measures of this government, you will have the good- 
 ness to do so. — 
 
 159 The President. 
 
 160 in Article 9 of the treaty made with the Sacs and Fox Indians in 
 1804, the government promised to establish a factory or trading house 
 for the tribe. For the treaty, see Charles Kappler, Indian Affairs, Laws 
 and Treaties, Sen. Docs., 58 Cong., 2 Sess., Doc. 319, II, 74-77. 
 
192 The Life and Papers of Frederick Bates. 
 
 TO RICHARD BATES 
 
 Saint Louis Sep 21. 1807 
 Dr Richard, 
 
 I send you, enclosed a Bill on Mr. Gallatin for 250 dols. 
 150 to make up the 400 shall be hereafter remitted — to be 
 settled for, in five years, or thereafter, when convenient. 
 
 Judge Griffin 161 of whom I spoke to you when at Belmont, 
 is now here and will probably be in Richmond during the 
 winter. I recommend him to your attentions should he 
 fall in your way. 
 
 We have amicably settled our differences — honorably 
 for us both as our mutual friends declare. I had on my 
 return to the city from Belmont, written the Judge a harsh 
 letter to which he replied that he should certainly visit 
 Saint Louis, &c. with some other promptnesses of the same 
 kind. For two days after his arrival I made no advances 
 of any kind, because his last letter, added to menaces which 
 it was reported he had thrown out at Vincennes, had put 
 me completely on the defensive. — On the disavowal of 
 these menaces, of which I was indirectly informed, I asked 
 a conference, during which we both with frankness, brought 
 forward our respective accusations, and with the friendly 
 aid of our common friends compromised the whole After 
 the affair was as I thought adjusted, and much to my satis- 
 faction, the Judge observed ' There is yet one serious 
 charge, which occurred to me last night, which I have yet 
 to make. Mr B[ates] in his correspondences with respect 
 to our misunderstandings, has said that my first letter was 
 replete with impertinences. Now I ask that that expression 
 be recalled. — This I declined to do, and the conference was 
 
 i6i Judge John Griffin of Michigan Territory. 
 
The First Acting-Governorship. 193 
 
 broken off — I returned home and prepared myself to meet 
 with fortitude the ultima ratio 1 * 2 of offended delicacy; but 
 the Judge, the next morning thought proper to forego 
 the demand. It is fortunate both for Judge G. and myself 
 that the friends whom we had chosen possessed too much 
 sense and good nature to suffer this affair to take a misdi- 
 rection. 
 
 If you should ever be in similar circumstances I warn 
 you my, dear Richard, to choose your friend as you would 
 choose him on other occasions, for his firmness, his modera- 
 tion, and his attachment to you. 
 
 A BATES MEMORANDUM 
 
 Reed. St Louis, the 22d of Sepr 1807 of Auguste Chouteau 
 Esquire, the claim of Joseph Bougie 163 Esq consisting of a 
 Plat, a Petn. and a Depo. 
 
 Reed also a Plat of Survey in the names of Michael Wolf 
 for 320 Arpens — A Plat in the name of John B. Placie 164 
 for 480 Arpens — And two Petitions, the one in the name of 
 Jas Baird, 165 the other in the name of Jos Bogy tils. Also 
 the deposition of Duchemin — 166 
 
 Between these Papers, the connection does not appear to 
 
 i< ; - Ultima ratio regum, the final argument of kings. 
 
 i*3 Joseph Bogy represented Ste. Genevieve in the territorial council 
 of 1816. 
 
 is* Jean Baptiste Placie. The name also appears as Placy, Duplacy, 
 Du Placy, or Placet. The family came from Kaskaskia and settled at 
 Ste. Genevieve. 
 
 les James Baird subsequently engaged in the Santa Fe trade and 
 eventually became a Mexican citizen. For his later career, see Marshall, 
 "St. Vrain's Expedition to the Gila in 1826," in The Pacific Ocean in His- 
 tory (H. M. Stephens and H. E. Bolton, eds.), 433-435. 
 
 ice Probably Francois Duchemin. 
 
194 The Life and Papers of Frederick Bates. 
 
 be complete — the record will therefore be suspended for 
 a short time, until the chain may he made entire — 
 
 TO JAMES MADISON 
 
 Saint Louis Sep 25. 1807. 
 
 SlK, 
 
 If you bestowed a second thought on an affair of so little 
 moment you must have been surprized at the wild, indeli- 
 cate and unjust sentiments, which on the 4th of July last, 
 were uttered at Mine A Burton. My friends, at a distance 
 from seeing a volunteer toast by a man of my name have 
 expressed their astonishment that I should have associated 
 with so despicable a faction. There are several persons 
 of my name at the mines, the relations of Moses Austin. 
 I was not there, and know nothing of them; neither was I 
 acquainted with the particulars of this celebration until I 
 saw them in one of the Kentucky Papers. — 
 
 The weak and foolish attack on the President was rude 
 and unhandsome ; and too unjust to be a common sentiment. 
 On the contrary, if I am correctly informed a young and 
 disappointed Partizan, Saml. Hammond Jr, gave the 
 impulse and the tone on this occasion. — 
 
 Smith & Austin have kept the District of St Genevieve 
 in continual ferment. — The latter was removed from office 
 by Gov Wilkinson ; Colo. Smith was dismissed last spring. 
 Austin expected a re appointment, and is now disgusted, 
 because I have disdained to tread the paths of faction. The 
 opinion pretty generally prevailed that the administration 
 of the territorial government must Sink, if not sustained 
 by a Party. It has been my object to explode this false 
 
The First Acting-Governorship. 195 
 
 notion, and the attempt is now in a course of ' successful 
 experiment. ' 
 
 The friends of the late leading characters in this country, 
 still keep alive the flame; and would quarrel with Heaven 
 for dispensing its sunbeams on their enemies: but this 
 flame will expire as soon as the fuel which feeds it is with- 
 drawn. — 
 
 I have acted with all the caution, moderation and firm- 
 ness of which I am capable and so flatter myself, that Mr 
 Lewis will take possession of his Government without one 
 embarrassment which can be imputed to me. — 
 
 I revere the measures of the administration & have been 
 taught from my infancy, to reverence the distinguished 
 individuals who compose it. 
 
 I have been confided in, beyond my merits and will repay 
 that confidence by a continued fidelity. — 
 
 TO RICHARD G. BIBB, CAPTAIN OF A RIFLE 
 COMPANY 167 
 
 SlE St. Louis 26 Sep 1807. 
 
 I reed, yesterday afternoon the communication of the 
 Managers of the election of officers for a volunteer company 
 of Riflemen, lately associated in your quarter of the 
 country, and do myself the pleasure of enclosing the Com- 
 missions. 
 
 As the day may not be distant when we shall be obliged 
 to put forth our strength in defence of the country, I desire 
 that you will exert yourself to promote as expeditiously 
 as possible, the discipline and equipment of your men. 
 
 167 A Ste. Genevieve company. 
 
196 The Life and Papers of Frederick Bates. 
 
 A LEAD MINING CONTRACT 
 
 This Contract made and entered into at Saint Louis, 
 Territory of Louisiana, the 26th day of Septr 1807 between 
 Frederick Bates, duly authorized by the President of the 
 United States, and acting as their Agent and for their 
 benefit, on the one part; and Andrew Miller 168 of the 
 district of St Genevieve territory aforesaid of the other 
 part witnesseth that the said Bates promises and stipulates 
 on his part, that the said Miller shall be put into possession, 
 
 of One hundred Acres of Land, for the purpose 
 
 of raising Lead-Mineral, which said Land is situated on a 
 small stream of water about fifteen miles in an Eastern 
 direction from Mine A Burton, and about One and a half 
 miles above Cedar-Branch, and that the said Miller shall 
 enjoy the quiet and peaceable possession of the premises 
 for and during the term of three years, from and after the 
 day on which President of the United States shall sanction 
 this contract. And the said Andrew Miller on his part 
 promises and binds himself to cause the Premises to be 
 surveyed at his own expence, in an exact square, and the 
 boundaries thereof to be designated — and to return a 
 certified plot thereof to the said Bates without unnecessary 
 delay — that ten men, at the least shall be constantly 
 employed on the Premises in the digging and raising of 
 mineral, when the weather and the season permit, and that 
 he will pay to the said Bates or to the Governor of Louis- 
 iana for the time being, the quantity of One tenth of all 
 the Mineral which he may raise or cause to be raised from 
 the said land; that the said payments shall be made quar- 
 ts Andrew Miller was a captain in the Ste. Genevieve regiment in 
 1812. He was reappointed in 1814. 
 
The First Acting-Governorship. 197 
 
 terly, and that in the intermediate times no Mineral raised 
 subsequently to the last payment shall under any pretext 
 whatsoever be removed from the said diggings. — 
 
 It is understood between the contracting parties that all 
 payments shall be made in well cleaned Mineral — It is 
 also understood that the said Miller shall have the full use 
 of any spring or springs of water found or to be found 
 in the neighbourhood of the Premises, and that within the 
 boundaries thereof, he shall be permitted to use and employ 
 such timber and fire Wood as may be found necessary for 
 said establishment The said Miller is also at liberty to 
 make use of such quantities of Stone, or other materials 
 for the building of Houses and Furnaces as he may think 
 proper. 
 
 A transcript of this contract will be forwarded by the 
 said Bates to the Treasury Department with out delay, 
 for the consideration of the President. 
 
 If the said Miller should discontinue the said Diggings 
 for the space of four months; or if he should neglect or 
 refuse to pay over to the Government or its Agent the One 
 tenth of his raisings as above stipulated, the U States or 
 their Agent shall have a right to re enter, and this lease 
 shall be thenceforth void. — In attestation whereof the said 
 Frederick Bates and Andrew Miller have set their hands 
 and Seals to duplicates of these presents, at Saint Louis 
 the day and year above mentioned. 
 
 Frederick Bates 
 Sealed & delivered Andrew Miller 
 
 in the presence of 
 Thomas F. Riddick 169 
 
 169 in 1808 Riddick succeeded William Christy as secretary of the 
 board of land commissioners. 
 
198 The Life and Papers of Frederick Bates. 
 
 TO ALBERT GALLATIN 
 
 St. Louis Sep 27. 1807. 
 Sir, 
 
 I have the honor to enclose a copy of a lease, in the nature 
 of a contract, which I have made with Andrew Miller, of 
 a lead mine in the district of Saint Genevieve. 
 
 You instructed me to make short leases, yet I have made 
 one for three years, well knowing (and Mr. Miller is also 
 aware of the condition) that the President will shorten the 
 term, if my reasons should have no weight with him., — A 
 contractor is at some expence in building tents, erecting 
 Furnaces and making other establishments, the advantages 
 of which it has appeared to me, he ought to enjoy at least 
 for the term limited in the law. 
 
 He also brings his men 30, in the present instance from 
 Kentucky, who cannot be expected at first to work to so 
 much advantage as experience will enable them afterwards 
 to do. 
 
 As to the payments — One tenth quarterly — it is 
 believed that private persons who have mineral Lands to 
 lease do not impose more vigorous conditions. I was 
 unwilling to lease 100 acres and proposed 36 only, but Mr. 
 Miller represented such a superficies as bearing no propor- 
 tion to the extent and expensiveness of his preparations. 
 
 TO HENRY DEARBORN 
 
 St. Louis Sep 28. 1807 
 Sir, 
 
 I was honored by last mail with your letter of the 17th 
 ulto. You enquire whether it would not be better policy 
 
The First Acting-Governorship. 199 
 
 to make it the interest of the chiefs of more powerful neigh- 
 bors of the holders of the Osage captives to compel the 
 delivery, than to purchase them of those who have the 
 actual possession. 
 
 This is a subject, on which, it is probable Gov Harrison 
 and Genl Clark are better informed than I am, and as they 
 will probably write you very speedily, I will suspend an 
 opinion, which at best, could be but speculative. 
 
 I beg leave to observe to you, that Mr Chouteau and Mr 
 Boilvin differ on almost every subject which relates to 
 Indian intercourse. The latter assures me that the Osage 
 captives were all sent home without ransom, during the 
 last three months: The former insists that there are 9 
 or 10 still in bondage. Mr. C also says that the instruc- 
 tions to Genl Clark, respecting a Blacksmith were unnec- 
 essary, as he has already established one among them. It 
 is certain that they made complaints on this subject in 
 May last. 
 
 The Mill 170 I presume must have been promised to them 
 on the condition of their devoting a greater portion of their 
 time to agriculture than they have been accustomed of 
 late to do. 
 
 In order to calm the apprehensions of the country, and 
 really to be in a state of preparation should an attack be 
 
 170 Apparently the government did not fulfill all of its promises at 
 once, for in the treaty made with the Osages on November 10, 1808, the 
 United States agreed to furnish the Osage nation, "a blacksmith, and 
 tools to mend their arms and utensils of husbandry, and engage to build 
 them a horse mill, or water mill; also to furnish them with ploughs, 
 and to build for the great chief of the Great Osage, and for the great 
 chief of the Little Osage, a strong block house in each of their towns." 
 Kappler, Indian Affairs, Laws and Treaties, II, 95. 
 
200 The Life and Papers of Frederick Bates. 
 
 made I have lately ordered about one third of the Militia 
 of Louisiana to be drafted. 
 
 The People have done themselves great honor on this 
 occasion by volunteering their services in sufficient numbers 
 to prevent the necessity of a draft. The St Charles Eegt. 
 under the command of Lt Colo Kibby, 171 deserve particu- 
 larly to be mentioned as having displayed a promptness and 
 patriotism much beyond what I had expected. They will 
 never abandon the fertile soil, on which they are so inde- 
 pendent and happy. — The French were at first reluctant 
 under an idea, that they were to be sent to the Camp on 
 the Missouri as regular soldiers : but on their being spoken 
 with by Colo. Chouteau, Capt Pratte 172 and some other 
 French Gentlemen of influence, they manifested a praise- 
 worthy alacrity in obeying the order. 
 
 Lorimier, so celebrated as a Partizan during the Indian 
 Wars on the Ohio, lately made a journey to Detroit. He 
 had private business and was employed by Gov Harrison 
 to collect informations, and to him he has no doubt 
 reported. On his return to Cape Girardeau he called on 
 me, and with other informations of less consequence, tells 
 me, that altho' the Indians are now peaceable, they will not 
 
 171 Timothy Kibby was a resident of the St. Charles District, being 
 one of the first American residents north of the Missouri River. Before 
 coming to Louisiana he served under Wayne. In 1812 he commanded a 
 company of rangers who patrolled the region between the Salt and Mis- 
 souri rivers. He died at St. Charles on January 24, 1813. 
 
 172 Bernard Pratte was born in Ste. Genevieve about 1772. In 1793 
 he embarked in business in St. Louis. For a time he engaged in mining 
 at Mine a Maneto. He was appointed a judge of the St. Louis District 
 court of common pleas and quarter sessions in 1807; opened a general 
 store in St. Louis in 1809; was one of the incorporators of the Bank 
 of St. Louis and a prominent member of the American Fur Company. 
 
The First Acting-Governorship. 201 
 
 long continue so. He saw among them letters from 
 Mc Key 173 the British Agent at Maiden U.C. In those 
 letters it was stated, that a plan of operations was con- 
 certing, and would be communicated to them as soon as 
 circumstances would permit — perhaps in three months 
 from the 1st June last. — 
 
 TO JAMES MADISON 
 
 Saint Louis 30 Sept 1807. 
 Sir, 
 
 I have the honor of enclosing for the information of the 
 President the Laws passed by the Legislature of the Terri- 
 tory for the last six months. 174 
 
 Also, several transcripts of Executive Acts. During this 
 period the Militia has been reorganized. The old law has 
 been repealed ; — all the commissions held under it vacated, 
 and new ones issued on the nominations of Genl. Clark. 
 
 The Returns of the Adjutant General are not yet com- 
 pleted. I hope to have it in my power to transmit them, 
 in a short time. 
 
 173 Probably Alexander McKee, the son of the famous British loyalist 
 of the same name. His home was near Sandwich, not far from Maiden 
 in Upper Canada. Wisconsin Historical Collections, XIX, 272. 
 
 174 Twenty acts were passed during the previous six months; in fact, 
 the law of the territory was practically remade. For these acts, see 
 Mo. Territorial Laws, I, 89-180. 
 
202 The Life and Papers of Frederick Bates. 
 
 A LIST OF LICENSES GRANTED TO TRADE WITH 
 
 INDIANS IN THE SUPERINTENDENCY OF 
 
 LOUISIANA, APRIL 7— SEPTEMBER 30, 
 
 1807 175 
 
 Date To whom granted Remarks 
 
 April 10 Manuel Lisai76 On Missouri with Indians in amity 
 
 with U. S. 
 12 Chs. Sanguinet jr.177 On Missouri with Indians in amity 
 
 with U. S. 
 May 1 Root. McClelleni78 On Missouri with Indians in amity 
 
 2 Years 
 With the Ottos and Panis 
 With Panis-Mahas on the Platte 
 With the Indns. of Panis Republic 
 With the Indns. of Panis Republic 
 With Panis Indians on the Platte 
 With the Panis and Otto Indians 
 With Ottos, Mahas and Panis 
 With the Kaas, Ottos and Panis 
 
 175 Original in the Department of State, B. R. L., 3440. 
 
 176 por biographical sketch of Manuel Lisa, see Hiram Martin Chit- 
 tenden, History of the Fflif Trade of the Far West, I, 125 et seq. 
 
 177 The Sanguinet family was from Canada. As early as 1778 Charles 
 Sanguinet, Sr., owned property near St. Louis and engaged in the fur 
 trade. 
 
 178 McClellan became the partner of Ramsay Crooks. See Wisconsin 
 Historical Collections, IV, 96-97. 
 
 179 Probably Francois Drucis. 
 isoAntoine Papin. 
 
 181 Francois Ragotte was an early resident of St. Charles. 
 
 182 Clamorgan was a well-known merchant, fur trader, explorer, and 
 land speculator. 
 
 183 Probably Joseph Tabeau. 
 
 184 in 1803 and 1804 a J. La Jeunesse was a fur trade engage in 
 Wisconsin. 
 
 185 Joseph Robidoux, Sr., of Montreal came to St. Louis in 1770 and 
 engaged in the fur trade. His grandson, Joseph Robidoux, also became 
 a fur trader, and was the founder of St. Joseph. 
 
 June 25 
 
 Francis DrouseiU79 
 
 July 8 
 
 A. Papiniso & F. Rejotteisi 
 
 10 
 
 Jacques Clamorgani82 
 
 25 
 
 Joseph Renard 
 
 Aug. 6 
 
 Joseph Treabeaui83 
 
 14 
 
 Jacques Le Jeunessei 8 * 
 
 24 
 
 Joseph Robideauxi85 
 
 24 
 
 Francis Derouen 
 
The First Acting-Governorship. 203 
 
 24 Pierre Montardyiss With the Kansas 
 
 29 Duplesse Le Blanc With tKe Great and Little Osages 
 
 Sept. 1 Jas. & Jesse Morrison^? with the Great and Little Osages 
 
 22 Denis Julieni 88 With the Sieux and Iowas 
 
 25 John Valle 189 With the Great and Little Osages 
 
 26 Peter Chouteau jr.iso With the Great and Little Osages 
 28 James Aird With Ottos and Manas 
 
 28 Anthony Royi9i With the Great & Little Osages 
 
 29 Joseph Mariei92 With the Sacs and Foxes 
 
 These Licenses, except that of Robt. McClellan were for 
 one year. 
 
 Hunting Licenses Granted as Above — for One Year. 
 
 Date To Whom Remarks 
 
 Aprl 11 Jos. Lefont 19 3 and others On the Missouri 
 
 July 6 Primo 1 ^ and Bessonett On the Chyone 
 
 20 Peter Barger On the Platte 
 
 26 Joseph Tibaulti»5 On the Platte 
 
 186 Probably Pedro Montardy, a lieutenant of a St. Louis company 
 in the Spanish regime. 
 
 187 James and Jesse Morrison were from New Jersey. In 1800 they 
 settled at St. Charles. At one time they operated the salt works at 
 Boon's Lick. Jesse Morrison finally settled in Illinois. James Morrison 
 married the daughter of Saucier, the founder of Portage des Sioux. They 
 engaged extensively in the fur trade. This James Morrison should not 
 be confused with James Morrison of Kaskaskia. 
 
 188 Julien Dubuque. 
 
 189 Jean Baptiste Valle was appointed civil commandant of the Dis- 
 trict of Ste. Genevieve by Amos Stoddard. 
 
 190 The second son of Pierre Chouteau. For many years he was 
 engaged in the fur trade, eventually being one of the principal owners 
 of the American Fur Company. In 1849 he was one of the original 
 Incorporators of the Missouri Pacific Railroad. 
 
 i9i Antoine Roy was an early resident of the St. Louis District. 
 
 192 An early settler of St. Charles. 
 
 193 Probably Joseph Lafond. 
 
 194 Paul and Pierre Primo were living in the St. Charles District in 
 1799. 
 
 195 Probably Joseph Thibault. 
 
204 The Life and Papers of Frederick Bates. 
 
 Aug. 
 
 6 
 
 Captain & Baribeaui9« 
 
 On the Platte 
 
 
 13 
 
 Roger & Barada 1 ^ 
 
 On the Pankas' River 
 
 
 25 
 
 Joseph Dion 
 
 On the Osage River 
 
 
 31 
 
 B. & J. Vallett 
 
 On the 'Kansas' River 
 
 Sept. 
 
 12 
 
 Lebeech & Derchette 
 
 On the 'Kansas' River 
 
 
 12 
 
 Louis Gonoville 
 
 On the 'Kansas' River 
 
 
 17 
 
 Baptiste Gouveville 
 
 On the Osage River 
 
 
 17 
 
 Raphael Langlois 
 
 On the Grand River 
 
 Louisiana 
 
 Saint Louis October 1, 1807 
 Frederick Bates 
 
 Actg Superdt. Ind. Affairs 
 
 OATH ADMINISTERED TO AN INDIAN TRADER 
 
 I do swear that I am a citizen of the 
 
 United States, that I will support the constitution thereof, 
 and that I abjure allegiance to any foreign Power. 
 
 I also swear, that the annexed Invoice contains a true 
 account of all the goods, wares, and merchandize, which I 
 take with me for Indian trade, and that no citizen or sub- 
 ject of a foreign Power is either directly or indirectly 
 interested therein. 
 
 A B 
 
 Subscribed and sworn before 
 
 me the day of 1807 
 
 C D 
 
 BOND 
 
 Know all men by these presents that we are 
 
 held and firmly bound to F. B. acting Superintendent of 
 
 196 Probably Frangois Baribault. 
 
 i 9 7 Probably Antonio Barada, dit Breda. 
 
The First Acting-Governorship. 205 
 
 Indian Affairs, for the territory of Louisiana, in the sum 
 of one thousand dollars, money of the United States; to 
 the which payment (well and truly to be made to the said 
 Superintendent, or his successors in office) we bind our- 
 selves our heirs, executors and administrators, jointly and 
 severally, firmly by these presents. Sealed with our seals 
 
 and dated the day of 
 
 The condition of this obligation is such that whereas the 
 
 said Superintendent has granted to the said 
 
 a Licence to trade with the and not with others 
 
 and to reside at their towns, and not at their hunting 
 
 camps. — Now if the said shall comply with and 
 
 perform all such regulations, restrictions and duties as now 
 are, or hereafter shall be made for the government of 
 trade and intercourse with the Indian Tribes; if he is not 
 a Citizen or subject of a foreign power ; if he shall not carry 
 among the said Indians, any uniform clothing, other than 
 that of the United States, or Medals, armbands, or orna- 
 ments of dress, bearing the devices or emblems of a foreign 
 power; if the merchandize which he carries with him, has 
 been imported or made by Citizens of the United States; 
 if he has given a correct Invoice of the said merchandize 
 to the Superintendent; if he shall not sell to, or exchange 
 spirituous liquors with the said Indians — And if he shall, 
 in every respect, act conformably [ ?] to the Licence granted 
 him this day, then the above obligation to be void, else to 
 remain in full force and virtue. 
 
 Sealed and delivered [LS] 
 
 in presence of [LS] 
 
206 The Life and Papers of Frederick Bates. 
 
 LICENSE 
 
 By Frederick Bates acting Superintendent of Indian 
 Affairs for the territory of Louisiana. 
 
 Whereas of the district of has made 
 
 application for permission to trade with and has 
 
 given bond according to law; for the due observance of all 
 such regulations and restrictions, as now are in force, or 
 shall hereafter be made for the government of trade and 
 intercourse with the Indian Tribes: Licence for one year 
 
 is hereby granted to the said to trade with the 
 
 said Indians, and not with others, and to reside at their 
 towns and not at their hunting camps, according to the 
 Laws & regulations aforesaid. — In attestation whereof, I 
 have hereunto set my hand and affixed the seal of the Ter- 
 ritory at Saint Louis — &c. &c. 
 
 TO HENEY DEARBORN 
 
 St. Louis Sep 30. 1807. 
 
 SlK, 
 
 On the 12 of Augt last I had the honor of informing you, 
 that I should be obliged to incur an expence for the cleaning 
 and repairs of the arms lately forwarded for the defence 
 of this Territory. I now take the liberty of drawing on 
 you, for the sum of three hundred dolls, in order to defray 
 that expenditure. 
 
 This draft is at 5 days sight, in favor of Messrs Falconer 
 & Comegys 198 or order, and will also cover some small dis- 
 
 198 p. Falconer and J. G. Comegys constituted a firm of St. Louis mer- 
 chants. The partnership was dissolved on May 7, 1810. 
 
The First Acting-Governorship, 207 
 
 bursements, which, in the absence of Genl. Clark I have 
 been obliged to make to the Iowas. 
 
 A statement of the acct. with the vouchers, will be trans- 
 mitted without unnecessary delay. 
 
 TO ABRAHAM BYRD, 199 LIEUTENANT-COLONEL 
 COMMANDING THE 4TH REGIMENT 
 
 SlR St. Louis Oct 1. 1807. 
 
 Your letter of the 8th ulto. in all the aspects in which it 
 can be viewed, has given me much surprize — And indeed 
 the high respect I entertain for your character, is my only 
 motive for answering complaints so manifestly without 
 foundation. 
 
 The observation, that if you deserve the command of 
 the Regt. you must also be entitled to a seat on the Bench, 
 is what I confess, I do not understand ; for surely Mr. Hays 
 might contend, with an equal shew of justice, that since he 
 has been appointed a Judge, he ought also to be at the 
 head of the Militia of the District. 
 
 You already possess as much official weight as any indi- 
 vidual in Cape Girardeau ; because you deserved to possess 
 it. — The feelings of all could not be gratified ; but it never 
 before occurred to me that Colo. Byrd could possibly be 
 among the discontented. 
 
 The number of Judges is limited : In their appointment 
 I was influenced by various considerations, which I deem 
 it unnecessary here to repeat. 
 
 199 Abraham Byrd, the son of Amos Byrd, the founder of the Byrd 
 settlement about sixteen miles northwest of Cape Girardeau, came to 
 Upper Louisiana in 1799. He was a captain in the Cape Girardeau regi- 
 ment in 1812. 
 
208 The Life and Papers of Frederick Bates. 
 
 It may be sufficient to assure you, that no impressions 
 to your prejudice occasioned your exclusion. 
 
 I regret extremely that Major Hayden should have ten- 
 dered you his commission : to resign it, however is a right 
 of which he cannot be divested, and when he again offers 
 it, it ought to be accepted. 
 
 I have never solicited the continuance, in office, of any 
 Gentleman, and indeed consider it indelicate to do so. 
 
 TO RICHARD JONES WATERS,' 00 LIEUTENANT- 
 COLONEL COMMANDING THE NEW 
 MADRID REGIMENT 
 
 Saint Louis 3d Oct 1807. 
 Sir, 
 
 Your letter of the 23d ulto. has this moment reached me. 
 The want of cooperation on the part of the assessors 201 has 
 probably prevented the collection of taxes in your dis- 
 trict — to obviate which had I been in your situations I 
 should, I think have assumed any subsequent day on which 
 their concurrence could have been obtained. This has been 
 done in the St Louis-District, and as I am told, in several 
 of the others. 
 
 200 Waters was a physician who was induced by Morgan to settle at 
 New Madrid. He was a merchant and Indian trader, and was active in 
 politics. In 1802 he was captain of the New Madrid dragoons and in the 
 War of 1812 was judge advocate in the New Madrid County regiment. 
 
 201 A territorial act of July 8, 1806 provided, that "The justices of the 
 courts of general quarter sessions of the peace in each of the districts 
 in this territory shall at the next stated term of the said court next 
 after the first day of December in each and every year, divide the said 
 districts into as many divisions as they may deem convenient and neces- 
 sary, and shall appoint two assessors for every such division." Mo. Ter- 
 ritorial Laws, I, 70. 
 
The First Acting-Governorship. 209 
 
 The remoteness of the Arkansas settlements should not 
 be a drag sail to you — Go on — without them — such how- 
 ever is my advice — We all know, at the same time, that 
 I can advise nothing in contradiction to the Laws. They 
 are your instructions and mine — and it is your right to 
 expound them in your own way. 
 
 Should the necessity of the case cause you to wander 
 too widely from the letter of the statute in these incipient 
 arrangements, I will advise with the Judges in what 
 manner the business cail be legalized. 
 
 Since the division of the districts into townships, I hope 
 the commissions of the Justices have been distributed; for 
 aitho' the number of taxable inhabitants will make a part 
 of the Return, yet it is not an essential part of it; and 
 serves no other purpose that I can conceive, than to bring 
 the government acquainted with the population of the 
 District. 
 
 I have addressed you frequently by Post, for the want 
 of private conveyance: But the district Treasury will 
 surely reimburse you — as soon as you can create one — 
 The spirit of the law, it appears to me would even now 
 authorize it, whatever may be the expressions of its letter. 
 
 The State of Ohio is under serious apprehensions of an 
 Indian attack; but I cannot think we are in danger, until 
 open hostilities with G. Britain. — At this place altho' we 
 have numberless indications of the dissatisfaction of some 
 of the northern tribes, we are not now in a state of 
 alarm. — 
 
 The late order was issued for the compound purpose of 
 showing ourselves to the Indians in a state of preparation ; 
 to tranquillize the fears of the country; and principally 
 to repel with promptness an inroad should it be attempted. 
 
210 The Life and Papers of Frederick Bates. 
 
 I am concerned at the marauding depredations to which 
 you are exposed, and give you this assurance, that neither 
 your Regiment, nor a detachment from it shall be ordered 
 to march beyond the limits of the district, except on the 
 most urgent necessity. — 
 
 I congratulate you on the patriotism and Zeal, lately 
 manifested by your officers ; and in return for the agreeable 
 information, have the pleasure of assuring you that a sim- 
 ilar spirit actuates both officers and men of the upper 
 districts. 
 
 The 3d Regt. volunteered their services with a very few 
 exceptions ; every individual considered it a disgrace to be 
 left at home ; and the officers had nothing more to do, than 
 to select the requisite number from each company. 
 
 I send you copies of a number of the laws, which you 
 will oblige me by depositing in the clerk's office, that they 
 may be consulted by the People. It is greatly to be wished 
 that the Executive had it in his power to make a more 
 early and general promulgation. 
 
 I have written in haste, with scarcely leisure to review. 
 
 TO THOMAS C. SCOTT, CLERK OF THE COURTS, 
 DISTRICT OF CAPE GIRARDEAU 
 
 glR St. Louis Oct 4. 1807. 
 
 Your letter left with Mr. Carr 202 has been delivered to 
 me. That letter is somewhat less than I expected it would, 
 and ought to be, after I had been informed of the contemp- 
 tuous harshness of your censures. 
 
 202 William C. Carr. 
 
The First Acting-Governorship. 211 
 
 What had I done to draw upon myself the imputation of 
 Folly? If nothing f it is your pride, or your obstinacy 
 which withholds the acknowledgment. 
 
 I declare to you that personal resentment has no share 
 in the expressions of this letter. — Every administration 
 must guard its own respectability — and its officers must 
 be sensible that a slight, loose and negligent deportment, 
 would draw upon it the disesteem of the People. 
 
 For myself, I expect to secure this object by the justice, 
 the moderation, and the firmness of my conduct, and will 
 seldom I hope be compelled to resort to the last disagree- 
 able remedy. — 
 
 When your enemies have attempted to thrust you, on the 
 discharge of duties not contemplated by the Law, and 
 equally foreign from my expectations ; instead of resisting 
 these applications with the calm promptness of an intelli- 
 gent officer, you take refuge in a clamour against the 
 Executive. 
 
 Those unfriendly to me were already sufficiently imbit- 
 tered, and it was unhandsome in an officer, to whom I had 
 certainly given evidences of my partiality and confidence 
 to indulge himself in unnecessary invective. 
 
 The shaft however has not reached me — and I am done 
 with the foolish affair forever — and hope never again to 
 hear it mentioned. To restore the original confidence will 
 rest with yourself. 
 
 LEAD MINING CONTRACT WITH JOSEPH 
 PERKINS 
 
 This Contract made and entered into at Saint Louis, Terri- 
 tory of Louisiana, the 4th day of October in the year of 
 
212 The Life and Papers of Frederick Bates. 
 
 our Lord, one thousand, eight hundred and seven between 
 Frederick Bates, Special Agent of the United States, on 
 the one part, and Joseph Perkins 203 of the District of Saint 
 Genevieve of the other part witnesseth, that the said F. 
 Bates promises and engages on his part that the said J 
 Perkins shall be put into possession of Forty Acres of 
 Land, for the purpose of raising Lead Mineral, which said 
 lot of ground is situated, adjoining the lands claimed by 
 Moses Austin Esquire at the Mine A Burton, and com- 
 monly known by the name of 'The Citadel' ; that the said 
 Jos Perkins shall enjoy the quiet and peaceable possession 
 of the premises, for and during the term of three years 
 from and after the day on which the President of the 
 United States shall sanction this Contract. And the said 
 Joseph Perkins, on his part promises and binds himself 
 to cause the premises to be surveyed at his own expence, 
 adjoining the Lands of Moses Austin; in a convenient 
 compact form, reserving the rights of individuals which 
 may fall therein; and to return a certified Plat to the said 
 Bates, without unnecessary delay : that not less than three 
 men shall be constantly employed on the Premises in the 
 digging and raising of mineral, when the weather and the 
 season permit; and that he will pay to the said Bates or 
 to the Governor of the Territory for the time being the 
 quantity of one tenth of all the mineral which he may 
 raise or cause to be raised from the said land ; that the said 
 Mineral shall be paid quarterly — And that in the inter- 
 mediate times no mineral raised subsequently to the last 
 payment, shall, under any pretext whatsoever be removed 
 from the said diggings. 
 
 203 Joseph Perkins was a member of the first grand jury to be sum- 
 moned in St. Louis. 
 
The First Acting-Governorship. 213 
 
 It is understood between the contracting parties that all 
 payments shall be made in well cleaned Mineral. It is also 
 understood that the said Perkins shall have the free use 
 of any springs of water, found or to be found, within, or 
 in the vicinity of the Premises — And that he shall be 
 permitted for the purposes of building or fuel to employ 
 or make use of any stone, timber or fire wood, within the 
 limits of his said lot or in the neighbourhood thereof, if 
 found on the Public lands. 
 
 If the said Perkins should discontinue the said Diggings, 
 for the space of four months or if he should neglect or 
 refuse to pay over to the Government or its Agent one 
 tenth of his raisings as above stipulated; the U States 
 or their Agent shall have a right to re enter, and this Lease 
 shall be thenceforth void. The Conditions of this Lease 
 will be forthwith made known to Mr Gallatin by whom 
 they will be laid before the President for his consideration. 
 In attestation whereof the said Frederick Bates & Joseph 
 Perkins have set their hands to duplicates of these pres- 
 ents at Saint Louis the fourth day of October, In the year 
 above written. 
 
 Frederick Bates LS 
 In presence of Joseph Perkins LS 
 
 Thomas F. Riddick 
 
 LEAD MINING CONTRACT WITH ALEXANDER 
 McNAIR 204 AND HENRY ELLIOTT 
 
 This Contract made and entered into at Saint Louis the 
 Sixth day of October, one thousand, eight hundred and 
 
 204 Alexander McNair was a Pennsylvanian. The date of his birth is 
 uncertain, but it occurred in 1774 or 1775. He came to Missouri in 1804 
 
214 The Life and Papers of Frederick Bates. 
 
 seven, between Frederick Bates Special Agent of the 
 United States, on the one part and Alexander Mc Nair 
 and Henry Elliott of the other part witnesseth, that the 
 said Frederick Bates promises and engages, in considera- 
 tion of the Rents herein after mentioned, that the said A. 
 McNair & H. Elliott shall be put into possession of a lot 
 of ground of one hundred acres that is to say fifty for sd 
 McNair and fifty for the said Elliott for the purpose of 
 raising lead mineral ; which said lot of ground is situated, 
 at Mine A Burton, and on or adjoining what has been 
 usually called the 'Citadel', and bounded on the one side 
 by the lease of Joseph Perkins from wch. it shall be sep- 
 arted by the branch, collaterally with wch. the road runs 
 that the said A McNair & H Elliott shall enjoy the quiet 
 and peaceable possession of the premises, for and during 
 the term of three years, from and after the day, on which 
 the President of the United States may sanction this con- 
 tract. — And the said Alexander McNair and Henry 
 Elliott on their part promise and bind themselves to cause 
 the premises to be surveyed at their own expense, adjoining 
 the Lease of Joseph Perkins as aforesaid in a convenient 
 compact form, reserving the rights of individuals which 
 may fall therein ; and to return to the said Frederick Bates 
 without unnecessary delay a certified Plat thereof: that 
 not less than three men shall be constantly employed on 
 the Premises in the digging and raising of Mineral, when 
 the weather and the season permit — And that they will 
 
 and engaged in business. In 1805 he was appointed a judge of the St. 
 Louis court of common pleas and quarter sessions. He subsequently held 
 the office of sheriff of the District of St. Louis and of marshal of Missouri 
 Territory. He was one of the original board of trustees of St. Louis. He 
 saw service in the War of 1812, was register of the United States land 
 office, a member of the constitutional convention of 1820, and first 
 governor of Missouri. Messages and Proclamations, I, 3-14. 
 
The First Acting-Governorship. 215 
 
 pay to the said Frederick Bates, or to the person exer- 
 cising the Government of Louisiana for the time being, 
 the quantity of one tenth of all the Mineral which they may 
 raise or cause to be raised from the said land ; that the said 
 Mineral shall be paid quarterly and that in the interme- 
 diate times no mineral raised subsequently to the last pay- 
 ment, shall under any pretext whatsoever be removed from 
 the said Diggings. — 
 
 It is understood between the contracting Parties that all 
 payments shall be made in well cleaned mineral. It is also 
 understood that the said A. McNair and H. Elliott shall 
 have the free use of any springs of water, found, or to be 
 found, within, or in the vicinity of the Premises — and 
 that they shall be permitted for the purposes of building 
 or fuel to employ or make use of any stone timber or fire 
 wood, within the limits of their said lot or in the neighbour- 
 hood thereof, if found on the Public Lands. If the said 
 Alexr McNair & H. Elliott should discontinue the said 
 Diggings, for the space of four months, or if they should 
 neglect or refuse to pay over to the said Bates or to the 
 proper Agent of the Government in this respect the one 
 tenth of their raisings as above stipulated, the United 
 States or their Agent shall have a right to reenter, and 
 this Lease shall be thenceforth void 
 
 The Conditions of this Lease will be forthwith made 
 known to Mr. Gallatin, by whom they will be laid before 
 the President for his consideration In attestation of all 
 of which, the Parties to these presents have herewith set 
 their hands and seals the day and year above mentioned. 
 
 Frederick Bates L S 
 In presence of A McNair L S 
 
 Joseph Perkins Henry Elliott L S 
 
216 The Life and Papers of Frederick Bates, 
 
 TO ALBERT GALLATIN 
 
 St. Louis Oct 6. 1807. 
 Sir, 
 
 Your instructions on the subject of conditional leases 
 of the Lead Mines of the U. S. will have consequences the 
 most beneficial and which my circumscribed view of the 
 business did not permit me to foresee. 
 
 The first contract was an entering wedge which will rive 
 asunder the cabals of speculation, and put the government 
 in a very short time into the quarterly receipt of mineral 
 to a vast amount. 
 
 There are many applicants for leases : — but three have 
 yet been made, and I shall endeavour to repress the impa- 
 tience of the People until your orders arrive prescribing 
 the terms and the conditions. — 
 
 I beg leave to make one or two suggestions. If public 
 mineral is smelted by contract with private persons, there 
 will be waste and embezzlement. Besides, there are many 
 positive advantages in a contrary system. 
 
 Those private persons who lease mineral lands invari- 
 ably stipulate for the exclusive right of smelting, by which 
 they gain a very handsome emolument in addition to the 
 10 Per Cent Rents. 
 
 Will not the Public then, establish a Store House and 
 Furnaces for this object? 
 
 In my contract with Miller I have presumed that the 
 government would do this, for the smelting and manufac- 
 ture of its own lead, and possibly, at a future day, for that 
 of their tenants. 
 
 Lead is worth $5.00 — Mineral $2.00 Per Cwt. at the 
 Mines; and yet the process is not expensive and does not 
 
The First Acting-Governorship. 217 
 
 exclude from the pure metal more than about 1/3 part 
 of the gross weight. — 
 
 I enclose a speculative statement which I am enabled to 
 make from a slight acquaintance of my own, aided by con- 
 versations with intelligent persons, particularly with Mr. 
 Thos. F. Riddick, who was formerly employed in the lead 
 business, and has lately relinquished the pursuit. — 
 
 This statement will show comprehensively, the daily 
 operations; comprising the expenditure as well for the 
 purchase of mineral, as for every other incidental expence, 
 until its arrival at the New Orleans ' market. — 
 
 It will be observed that the expences of the first estab- 
 lishment are not taken into this Estimate. 
 
 The Furnace with all its appurtenances may probably 
 cost the sum of 1000 or $1200 and a substantial log store 
 house 4 or $500. — The implements for the raising of min- 
 eral are simply Picks and shovels — and labourers are for 
 the most part hired for about $20 Per Mo. These labourers 
 raise per day, at least fifty pounds of mineral. 
 
 Colo. Perry 205 some time ago purchased a lot in the 
 village of Mine A Burton. By 'bold stoker y' as the phrase 
 is, in that lawless part of the country, the original improver 
 claimed and enclosed ten acres. And Mr. Perry at this 
 day, seeing that the boldest pretensions are generally most 
 successful, extends his boundaries so as to include 639 
 acres, of what are conjectured to be the best mineral lands 
 yet discovered in the district of Saint Genevieve. — 
 
 Should the terms which you prescribe be different from 
 
 205 Samuel Perry was born in Westmoreland County, Pennsylvania, in 
 1783. He came to the Territory of Louisiana in 1806 and settled at 
 Mine a Burton. He represented Washington County in the convention 
 which framed the state constitution and afterward served in the Missouri 
 house of representatives, and in the state senate. 
 
218 The Life and Papers of Frederick Bates. 
 
 those of the contracts lately made by me, permit me to 
 express the opinion that those contracts ought to bend to 
 the general system. 
 
 TO ALBERT GALLATIN 
 
 St Louis 7th October 1807 
 Sir, 
 
 I have the honor to advise you that on the 1st of the 
 present month, I drew a bill in favor of Richard Bates for 
 $250 — the salary of the Recorder of Land Titles from the 
 1st April till 30th Apr. — On the same day I drew in favor 
 of Messrs Falconer & Comegys for $69.44 the salary of 
 the Recorder from 10 Feby till 31 March last. 
 
 On the present day I have drawn in favor of Falconer & 
 Comegys for $375 my salary as Secretary of the Terri- 
 tory of Louisiana from the 7th April to the 6th inclu- 
 sively of October. 
 
 TO JAMES MADISON 
 
 St. Louis Oct 10. 1807 
 Sm, 
 
 I have the honor of informing you that the Jury in the 
 General Court of this Territory have returned a verdict 
 of 'not guilty' in the case of Robert Wescott 206 for a mis- 
 demeanor. 
 
 It is said the Indictment followed the words of the 
 Statute, without alledging a special breach of it, such as 
 the enlistment of men &c 
 
 206 The name appears also as Wescot and Westcott. 
 
The First Acting-Governorship. 219 
 
 The Court refused to hear evidence to prove any fact 
 which was not alledged — and the Jury went out without 
 the testimony. 
 
 TO NATHANIEL COOK 
 
 Saint Louis Oct 14. 1807. 
 Sib, 
 
 Your note of the 10th, by which you resign your com- 
 mission as a Justice of the Peace for the township of St. 
 Michael, District of St. Genevieve was this morning 
 handed me by Mr. Scott. 
 
 As an answer appears to be expected, I have only to 
 say, as I have said to other respectable men, when they 
 have withdrawn themselves from the discharge of public 
 duties, that it is your right to do so and my duty to accept 
 your resignation, thro' whatever motives it may have been 
 offered. 
 
 TO RUDOLPH TILLIER, FACTOR AT BELLE- 
 FONTAINE 207 
 
 St. Louis ^Oct 14th 1807. 
 Sir, 
 
 It has, in my mind, become extremely necessary to supply 
 the Mississippi-Indians with American Goods, that they 
 may be no longer dependent solely on the Canadian 
 Traders. 
 
 207 The Bellefontaine factory was established in 1805 and discontinued 
 in 1808. Tillier continued as the factor up to the time of its discon- 
 tinuance. American State Papers, Indian Affairs, I, 768. 
 
220 The Life and Papers of Frederick Bates. 
 
 The object of this application is, to be informed, whether 
 I could be supplied, for that object from the Factory. An 
 Invoice of 12 or $1500 might be sufficient. 
 
 Will you have the goodness to inform me, as early as 
 may be convenient, whether you could make this supply of 
 merchandize. 
 
 TO AUGUSTUS B. WOODWARD 208 
 
 Sir, St. Louis Oct. 20. 1807. 
 
 The escort of the Mandane-chief, commanded by Lt. 
 Pryor, 209 returned with their illustrious charge, a few days 
 ago. Pryor 's party has been defeated by the Eicaras, 
 with the loss of four men killed and nine wounded. These 
 savage bands inhabit the south bank of the Missouri 1,400 
 miles above its junction with the Mississippi. Pryor was 
 a sergeant in L's and C's expedition, and promoted for his 
 faithfulness. An account of this unfortunate miscarriage 
 will probably be published. 
 
 Between the Judge and Secretary there is yet harmony. 
 But some wise citizens, who pretend to judge of the future 
 from the present, shrug their shoulders and f ortell a storm. 
 
 I regret that I gave you those biographical notices in 
 my letter of 18 June. My opportunities of observing their 
 various shades of character have since been very ample. 
 With Judge Lucas I have been continually acquainted at 
 the Board of Commissioners, and united with Judge 
 Shrader and occasionally with Judge Coburn, we have, 
 
 208 This letter is reprinted from the Michigan P. and H. Society, 
 Collectiotis, VII, 559-560. 
 
 209 Nathaniel Pryor of the Lewis and Clark expedition. 
 
The First Acting-Governorship, 221 
 
 during the last six months, gone through a regular course 
 of legislation. If these Statutes were complete, they at 
 least wanted the Drapery. 
 
 I am fearful Coburn will not settle among us. He can 
 not overcome the reluctance of his family. 
 
 The Resolutions of the Democratic Republicans of your 
 town have just reached us. Is there not too great a show 
 of political separation? I fear indeed that your calm is a 
 deceitful one, and that the tumult merely subsided, while 
 the actors are changing the scenes. 
 
 We go next month [to] St. Genevieve to decide land 
 claims, — met in the van, I followed in the rear by the — , 
 not of the People, but by a powerful Band of Speculators. 
 We have a dreary circuit of 1,000 miles at least for next 
 Spring and Summer, unless our letters patent are revoked 
 before that time. In that event I must practice law. Judge 
 Griffin has granted me license for Michigan, by Winter I 
 can gain admission in Louisiana. With my best wishes 
 for your health and happiness, accept assurance of sincere 
 friendship. 
 
 TO HENRY DEARBORN 
 
 St. Louis Oct 22d. 1807 
 Sib, 
 
 The exclusion of the British Traders 210 has left the 
 Indians of the upper country destitute of those comforts 
 
 2 io On March 2, 1799 Congress passed an act which provided that 
 Michillimackinac and the region adjacent, including Sault Ste. Marie and 
 Grand Portage, be made into a revenue district with Michillimackinac the 
 only port of entry. The establishment of a factory at Michillimackinac in 
 1806 was a second important step in the exclusion of the British traders. 
 Ida Amanda John, The Michigan Fur Trade, 102-116. 
 
222 The Life and Papers of Frederick Bates. 
 
 to which they have been accustomed, and which are indis- 
 pensable during the winter season. 
 
 They want Blankets, Strouds, Tobacco — a moderate 
 supply of powder and Ball — and knives, together with 
 some other articles of less moment, but which among 
 Indians become necessary by habit — such as Paint and 
 Trinkets. 
 
 I know from the most authentic sources that since the 
 prohibition of the Canadian Trade in this quarter, it has 
 been expected by the Indians, that we supply them and 
 that if we do not, their affections and confidence will be 
 greatly alienated. 
 
 The Missouri Indians are supplied by individual adven- 
 turors from the U. States' territories: Those of the 
 Mississippi have relied on the Merchants of Canada, and 
 are now taught to say that their American Father is too 
 poor to supply them with a Blanket. 
 
 In the absence of Genl. Clark, I have determined to send 
 two equipments into the Indian country: The one to 
 River Le Moin, 211 the others to Prairie du Chien. Mr. 
 Tillier consents to furnish the Merchandise from the 
 Factory; and has offered his assistant Mr. Sibley 212 to 
 superintend one of the establishments. 
 
 Mr. Boilvin the Sub Agent will have the charge of the 
 
 211 Des Moines River. 
 
 212 George Champlain Sibley, son of Dr. John Sibley, was born in 
 1782 at Great Barrington, Massachusetts, but was reared in North Caro- 
 lina. He was appointed to the Indian service by Jefferson. For many 
 years he was factor at Fort Osage. In 1825 he was appointed as one of 
 three commissioners to survey a road to Santa Fe. He was the bene- 
 factor of Lindenwood College and became famous as an antislavery 
 worker. He died on January 31, 1863. The Missouri Historical Society 
 possesses a large collection of Sibley papers. 
 
The First Acting-Governorship. 223 
 
 other. The Returns in Furs & Peltry will be made to the 
 Factory. 
 
 I hope that the necessity of the case will be my justifi- 
 cation for thus adopting a measure beyond the ordinary 
 limits of my powers. 
 
 For River Le Moin $1037. .24 
 
 For Prairie du Chien 1207. .31 
 
 First Cost.... 2244. .55 
 
 Advance 50 pet 1122. .27y 2 
 
 $3366. .82V2 
 Lead & Tobacco . abt 130. .00 
 
 3496. .82% 
 
 THOMAS HUNT TO BATES 
 
 Belle Fontain Octr 23d: 1807 
 Sir, 
 
 I had the honor of receiving your Letter of the 22d 
 Inst. Mrs. Hunt thanks you for your Politeness. In your 
 Expeditions up the Rivers I presume have been confidenced 
 by you and those that know better about these things than 
 I do, and as it is not my Province to have any thing to do 
 with the Indians its out of my Power, to say any thing 
 about the Propriety of the Expeditions that those will 
 judge and advise that are more acquainted. It appears to 
 me that the want of Traders makes them uneasy, and that 
 such a Branch may be of good service, untill the Genl. 
 Gov [ernment] gives their orders upon the Buisness, I will 
 give you every aid in my power. Provisions you can cer- 
 tainly have upon your Return As to the Soldiers, I have 
 
224 The Life and Papers of Frederick Bates. 
 
 the last Mail wrote the Secretary of War that I had con- 
 trary to Orders detached a Number of Men on a Command 
 up the Misurie without orders and at my own Bisque, that 
 I had never reed an answer weither it meet with his appro- 
 bation or not, and that I expected that there would be 
 similar applications and that as I had not reed any inter- 
 mation of approbation or disapprobation that I did not 
 think myself at Liberty upon Military Principles to detatch 
 any one of my Commands without orders from the Presi- 
 dent of the United States, or Secretary of War which is 
 the same thing. It is with reluctance that I am obliged to 
 say that I cannot consent to spare a Man from this Can- 
 toonment to go on any Expeditions of the kind, and I believe 
 my Principles as a Military Man in trust to be right. — 
 I send you three Barrells of Flower, and any other article 
 that you may want in the Provision way. 
 
 JAMES HOUSE 213 TO FREDERICK BATES 
 
 [October, 1807] 214 
 Sir, 
 
 Enclosed I send you a letter from Mr. Sibley — I have 
 delay 'd communecating to you that part of its contence, 
 touching his dispute with Mr Tillier from a hope that it 
 would have been in my power to wait on you personally, 
 as it appears, from some of his expressions, that his diffi- 
 dence would not allow him to make the application for your 
 
 213 a captain in the United States Army. 
 
 214 The letter was undated, but the reference to the Tillier-Sibley 
 quarrel in Bates to Dearborn, October 30, 1807, would place it in that 
 month. 
 
The First Acting-Governorship. 225 
 
 aid, direct, to your self — As my present engagements, do 
 not admit of my visiting St Louis this week, and as one 
 post has already been missed without replying to his 
 letter, I hope I shall be excused for taking this mode of 
 communicating his request — I am confident that you will 
 not withhold from Mr. S. any aid which you can consist- 
 ently with propriety afford him — without detracting, in 
 the least from the respect which is justly due, which I have 
 ever felt for the age and character of Mr. T. it would be 
 but justice to say, and I am confident will be admitted by 
 all who know him, that he is extremely subject to gusts of 
 passions and splenetic humours which renders it morally 
 impossible for any young man to be connected with him 
 as Mr. S. was without having his feelings, frequently mor- 
 tified and I believe, that there are few young men that 
 would have conducted themselves with more discretion, 
 on similar occasions than Mr Sibley has done — I well 
 recollect at the time Mr. T. was laboring under those 
 unpleasant feelings which occasioned Mr. S's dismissal, 
 that the latter apprized me of the storm that was brew- 
 ing — and expressed his determination, to keep aloof and 
 if possible to avoid its effects — and I have reason to 
 believe he pursued this prudencial plan as far as it was 
 possible, consistently with his duty — It is not my wish or 
 intention, by these remarks to injure Mr. Tillier, who, I 
 will repeat is a Gentleman whom I venerate and respect, 
 as one that possesses a more than usual share of excellent 
 qualities of heart and urbanity of disposition — but I 
 cannot withhold my opinion, however little weight it may 
 have, that there is no young man that can be found, that 
 will fill the situation, late Mr. Siblies, with more propriety, 
 & with more interest to the factory than he has done — 
 
226 The Life and Papers of Frederick Bates. 
 
 TO HENRY DEARBOEN 
 
 SlR ^ St. Louis October 30. 1807. 
 
 The project of temporary trading houses at Prairie du 
 Chien & River Le Moin has been abandoned. — I was dis- 
 appointed by Colo. Hunt's refusal to detach half a dozen 
 soldiers for the expedition — And General Clark's letters 
 just received, have provided other employment for Mr. 
 Boilvin, without whose superintending watchfulness, I 
 feared on my own assumed responsibility to hazzard the 
 merchandize of the Factory. 
 
 Besides at the date of my last letter, I did not truly 
 understand the relations in which Messrs Tillier & Sibley 
 stood to each other. — 
 
 My opinions are not changed with respect to the expe- 
 diency of the equipments. Such an intercourse with the 
 Mississippi Indians, would have been of singular service 
 in counteracting the schemes, and exploding the wiley 
 artifices of the Canadian Traders, at the same time that 
 the returns in Furr & Peltry would indemnify the Govern- 
 ment. — Indian Trade in this quarter begins to assume a 
 new aspect — 
 
 Formerly there was a two fold competition — 1st 
 Between individuals of whatever National Interests and 
 2dly a combination of Canadian adventurers for the sup- 
 pression of American Trade. — Their Goods were profusely 
 wasted, in endeavouring to undersell each other. — To 
 retrieve those losses and to pursue the business with better 
 prospects of success, the Merchants of Montreal, as you 
 have long since heard from Mackinac have united their 
 capitals and their counsels, 215 that they may accomplish 
 
 215 For the history of the rival companies, see Gordon Charles David- 
 son, The North West Company, University of California, Publications in 
 
The First Acting-Governorship. 227 
 
 by a steady perseverance in preconcerted systems, what 
 they failed to effect by individual exertion. 
 
 I beg leave to enquire whether it would not be proper, 
 that the Executive here, should be permitted to call on the 
 officer commanding the cantonment for occasional military 
 aid. There are emergencies when such aid is essential 
 to a prompt discharge of duty. 
 
 TO JAMES MADISON 
 
 SlR St. Louis Oct 30. 1807. 
 
 In discharge of the duty in joined in the 3d section of the 
 'Act further providing for the government of the district 
 of Louisiana' I have the honor of enclosing, for the infor- 
 mation of the President, copies of three Laws 216 passed 
 since the 30th Sept last. 
 
 They will form a part of the next half yearly report 
 of the Secretary. — 
 
 TO WILLIAM REED 217 AND SAMUEL HAMMOND, JR. 
 
 Gentlemen, St - Louis Nov 3d - 1807 ' 
 
 I have had the honor to receive your letter of the 7th of 
 last month enclosing your 'Proceedings and address to the 
 
 President. 
 
 >21! 
 
 History, VII; George Bryce, The Remarkable History of the Hudson's 
 Bay Company. 
 
 216 An act concerning insolvent debtors passed October 16, 1807; an 
 act concerning mortgages passed October 20, 1807; an amendment to the 
 act establishing courts of justice and regulating judicial procedure, 
 passed October 20, 1807. Mo. Territorial Laws, I, 181-184. 
 
 217 William Reed was the first American settler in Bellevue Valley 
 near Mine a Burton. He arrived there in 1798. 
 
 218 por an explanation of this, see Bates to Lewis, November 7, 1807. 
 
228 The Life and Papers of Frederick Bates. 
 
 I am willing to be the organ of your communication, 
 provided the second number of the 2d Eesolution be sup- 
 pressed 'And that he will not tarnish &c.' This language 
 appears to me somewhat imposing. — It may not be in 
 your power to change it, or you may not be disposed to 
 do so. 
 
 I reenclose the Papers but beg you to be assured that I 
 will, if you please, transmit them without delay, as soon as 
 the exceptionable passage is stricken out. — 
 
 TO MERIWETHER LEWIS 
 
 St. Louis Nov 7. 1807 
 Sir, 
 
 I have so frequently troubled the Secy of War with 
 letters on Indian affairs that he probably begins to con- 
 sider my informations as intrusive — Or perhaps, amidst 
 the great concerns of the nation, which for some time past 
 have been crowding on his attention, he has had no leisure 
 to reflect on, much less to answer, the causeless perplexi- 
 ties of Your Secretary. 
 
 You will scarcely then forgive me, for addressing you 
 on the exhausted subject. 
 
 By the Treaty with the united tribes of Sac & Fox 
 Indians of 3d Nov 1804, you recollect it was stipulated, 
 that a trading house should be established at such place 
 as would enable those tribes to be supplied with Goods, 
 at a more reasonable rate than they have been accustomed 
 to procure them. 219 It is obvious that the cantonment on 
 the Missouri, 220 is not such place. 
 
 219 Article 9 of the treaty provided that the United States would, at 
 
The First Acting-Governorship. 229 
 
 The President in his talk to these tribes, early in last 
 year, appears to contemplate the establishment at some 
 convenient time of a store, higher up the river. 221 They 
 carefully preserve this excellent writing; they show it in 
 their councils, and alledge that that convenient time has 
 already elapsed. It is to no purpose that I entreat them 
 to have patience and confidence — And my arguments are 
 equally ineffectual when I urge to them, that the Great 
 Spirit in his natural operations ; in the production of corn, 
 Tobacco and kidney-beans, waits for times and seasons — 
 and as these vegitables are neither food nor luxury for 
 man, until matured by a succession of rain and sunshine — 
 So their Great American Father, partaking in many of the 
 divine attributes, will deliberate on the fitness of things 
 before he acts upon them. — 
 
 During the prevalence of the late alarms, we endeav- 
 oured by every effort in our power to detach the Indians 
 of the Mississippi from their Canadian connections. By 
 promising them that [their] own traders, or a branch of 
 the U. States' Factory should be established among them, 
 we at length succeeded, and these tribes confiding in prom- 
 ises which we have not been able to perform, refused to 
 purchase of foreigners and are now totally destitute of 
 Blankets and other coarse woollens for the coming winter — 
 
 a convenient time, establish a trading house or factory. Kappler, Indian 
 Affairs, Laws and Treaties, II, 74-77. 
 
 220 Fort Bellefontaine, about four miles above the mouth of the 
 Missouri. 
 
 221 in fulfillment of the treaty of 1804 the construction of Fort Madi- 
 son was started in the autumn of 1808. The fort was on the site of the 
 modern city of Ft. Madison, Iowa. See Amercian State Papers, Indian 
 Affairs, I, 768; Iowa Journal of History and Politics, XII, 170-178; Annals 
 of Iowa (3d Series), III, 97-110. 
 
230 The Life and Papers of Frederick Bates. 
 
 as well as of powder and Lead for the supply of their daily 
 food. 
 
 My equipments up the river having failed a band of the 
 Sacs with their women and children, amounting in the 
 whole to upwards of forty persons, came down to the 
 factory for the purposes of trade. Mr. Tillier has very 
 properly I think declined making them an advance. The 
 Indians ought never to be indebted to the Factory — My 
 interference was solicited — and it was with difficulty I 
 could make them understand the impropriety of my influ- 
 encing the traffic of Mr. Tillier. 
 
 They represented their necessitous and destitute situa- 
 tion in terms the most moving and indignant — and at the 
 same time that they expressed a fixed resolution, most 
 faithfully to fulfil all their engagements to our govern- 
 ment, reproached us with having forgotten that we had 
 also obligations to discharge. 
 
 I have succeeded in convincing them of the emptiness 
 of many of their complaints, and have given them the most 
 emphatic assurances, that their Great Father has promised 
 them nothing, which he will not most strictly perform. 
 
 For their use I have thought myself obliged to draw on 
 the Factory for 50 lb of Powder — 200 lb Lead — a Fusil, 
 four blanket coats for their Helmsmen ascending the 
 river — and 30 lb of Tobacco. 
 
 Will you not procure me a sanction for this expendi- 
 ture? Mesrs. Kimbol & Pry or, 222 since their return from 
 the Missouri, say the Spaniards, several hundred, at least, 
 are building Forts, among the Indians of the Panis 
 Republic, on the waters of the river Platte. The Panis 
 gave these Gentlemen, very regular and consistent 
 
 222 Nathaniel Pryor. 
 
The First Acting-Governorship. 231 
 
 accounts. When I last wrote you, by last mail, it was my 
 expectation, that this statement would have been circum- 
 stantially made by Colo. Hunt, to whom the reports were 
 officially made. I have since, had some reason to think that 
 the affair has been too loosely communicated. 
 
 What their business in that part of the country can be, 
 I am at a loss to conceive. It can not be for the protection 
 of Spanish trade, for, they have none in that quarter. Is 
 it for the creation of a Spanish political interest among 
 the Indians? Or for the acquirement of Territory? I 
 cannot answer you — You have the fact, as I have it, on 
 the assurances of Kimbol & Pryor. They expect reinforce- 
 ments too. The Indians say they came into their country 
 with the order, discipline and uniform of regular troops. 
 
 The Inhabitants of Mine A Breton, are about to petition 
 for the establishment of a Garrison in their settlement. 
 They have addressed the President and entered into cer- 
 tain resolutions on the subject of our foreign relations. 
 These papers were transmitted to me by their Committee, 
 Reed & Hammond Jr to be communicated to the President. 
 I declined becoming their organ, on account of one excep- 
 tionable expression — The address appeared to me decent, 
 and the language of the resolutions was not imposing, 
 except in one instance. These things are mentioned to 
 prevent a misrepresentation of my conduct in refusing to 
 transmit their Papers. 
 
 I have this day acted under the promptings of Justice — 
 I have granted to Eobert Dickson, 223 a subject of Great 
 
 223 Soon after the American Revolution Robert Dickson and two 
 brothers emigrated from Scotland to Canada. Robert engaged in the 
 fur trade and was operating in northern Michigan as early as 1793. For 
 over twenty years he was an important personage in the upper Lakes and 
 
232 The Life and Papers of Frederick Bates. 
 
 Britain a licence to trade in the Missouri. He is a man of 
 honor, and has on various occasions rendered us very essen- 
 tial services in the infancy of our establishments, both at 
 Michilimackinac and on the Mississippi. The business 
 appears to me to be left at my discretion. When I wrote 
 General Dearborn on the subject, he informed me that he 
 should confer with you. 
 
 I have heard no more This is the first departure from 
 the principle, on which I commenced and will probably 
 be the last. 
 
 Mr Dickson is known to Mr Pike, now in the city. — He 
 did not ask for a Licence. He told his story however in 
 a gentlemanly manner but with some feeling — adding ' I 
 have made sacrifices for the American government — it 
 was my wish to have gone into the Missouri with which 
 trade I am better acquainted than with any other; but as 
 you grant no licences to persons owing a foreign allegi- 
 ance, I cannot expect a passport. ' I immediately replied — 
 'Our Govt will not treat you with ingratitude, you shall 
 have a Licence.' 
 
 I rely greatly on Mr Dickson — by him we shall be cor- 
 rectly informed of whatever passes among the Sieux of 
 River Des Moines 221 & the lowas — 225 
 
 upper Mississippi and Missouri River fur trade. His principal post for 
 several years was at Red Cedar Lake, but he had others in charge of 
 agents. He was a loyal British subject and before and during the War 
 of 1812 worked incessantly to turn the Indians against the United States. 
 See Ernest A. Cruikshank, "Robert Dickson, the Indian Trader," in 
 Wisconsin Historical Collections, XII, 133-153; Thwaites, Wisconsin, 168- 
 177. 
 
 224 The Yankton Sioux roved as far south as the River Des Moines. 
 Lewis to Jefferson, April 7, 1805, American State Papers, Indian Affairs, 
 I, 712. 
 
 225 The "Ayouwais" (lowas) in 1804 were forty leagues up the Des 
 Moines River on the southeast side. Ibid., I, 710. 
 
The First Acting-Governorship. 233 
 
 He will do whatever we may reasonably desire him, and 
 return to St Louis with intelligence when necessary. He 
 has been our friend uniformly and his deportment and 
 professions when this singular indulgence was conced[ed] 
 him, convince me that he will cooperate most heartily in 
 all our Indian measures. — 
 
 In Augt last I wrote to the Secy of State on the subject 
 of printing our Terrl. Laws. 226 
 
 As I have not yet been permitted to draw on the 
 Treasury of the U. S. our laws are but partially circulated 
 in manuscript. 
 
 Cannot those lately reported be printed in Washington? 
 
 TO HENRY DEARBORN 
 
 St. Louis Nov 14. 1807. 
 Sir, 
 
 Adjutant General Delaunay with all his industry, has not 
 yet been able to furnish complete returns of the Militia. 
 The new organization is so radical and entire, that it 
 required not only diligence, but some time to perfect it. 
 
 Some of the offices are not yet filled, owing to the diffi- 
 culty of selecting suitable persons. 
 
 The enclosed return which I have the honor to trans- 
 mit, 227 will however exhibit a correct view of our strength 
 for altho several Companies of Volunteers have lately 
 associated, they are not at this time in commission but are 
 mustered in their respective Militia Companies. 
 
 226 Frederick Bates compiled the territorial laws. The volume was 
 published in 1808, being the first book printed in St. Louis. 
 
 227 The return is missing. 
 
234 The Life and Papers of Frederick Bates. 
 
 TO JOSHUA HUMPHREYS 228 
 
 g IR ^ St. Louis Nov 17. 1807 
 
 Mr. Eobert Gowie Watson 229 has written to me on the 
 subject of a Licence, to trade with Indians in yr. quarter 
 of the country. I take the liberty of enclosing to you all 
 the necessary Papers, and desire you will do me the favor 
 to attend to the proper execution of them by Mr Watson. 
 
 Be yourself, if you please, the Judge of the Security — 
 The oaths will be properly administered by you> in your 
 capacity of Justice of the Peace. 
 
 The Papers may remain in your hands until I come down 
 in the Spring. 
 
 TO WILLIAM C. CARR 
 Dear Cake, St. Louis Nov 17. 1807.- 
 
 The return of an Express from New Madrid enables me 
 to thank you for your letter of the 12th. It was handed 
 me yesterday morning by Doct Tuttle. 230 
 
 Regret you should have had any trouble in procuring 
 a room for our Land business and particularly that you 
 should have failed at Madame Geronard's. 
 
 Altho' Mr. H is said to have abandoned his establish- 
 ment at Mine Arnault, it is well, I think that the sheriff 
 should have the order for his removal The country will 
 be thereby apprized of the measures, which in similar 
 circumstances will be again pursued. — That frantic man, 
 
 228 Clerk of the first court of common pleas and quarter sessions 
 for the District of New Madrid. 
 
 229 For many years a leading merchant of New Madrid. 
 
 230 Probably Nicholas Tuttle. 
 
The First Acting-Governorship. 235 
 
 may take what notice he please of the affair. His clamours 
 shall be treated as an affair, in which I have no sort of 
 concern. 
 
 My respects to our friend Hempstead. I was at No 62 
 a few evenings ago, by mistake, or rather by accident. 
 Miss CI was in the country — all well but gloomy, at 
 least I thought so. — Strange world ! Am told they now 
 say, that Ned never did make any engagements in their 
 Family. This is getting out, easier than he expected. — 
 
 Wrote you by Riddick — and expressed my regrets at 
 being unable to tender you, personally my congratulations 
 on your joyous ' embarkation. ' 
 
 Bon Voyage my Friend — From my soul, I wish you 
 pleasant breezes, unclouded skies and an abundant return 
 for those rich commodities which you and your lovely Mate 
 have shipped in this adventure. May Faith, Love and 
 Constancy still be your Motto, and, as somebody says whose 
 name I have forgotten 
 
 May you enjoy, not only, in this voyage but thro 9 life 
 a swelling sail of Prosperity and happiness — Adieu — 
 with much sincerity of Heart. . . . 
 
 [P.S.] The Gov may soon be expected so say the Letters 
 of Maj Bruff. 231 
 
 TO HENRY DEARBORN 
 
 glR St. Louis Nov 26. 1807 
 
 General Clark, by letter dated Louisville Oct 15 has 
 desired me to settle sundry accts. in the Ind : Dept. and to 
 draw on him for the amt. As his friend, I was desirous 
 
 23i James Bruff. 
 
236 The Life and Papers of Frederick Bates. 
 
 of adjusting those demands in the mode pointed out by 
 him. But bills on Louisville are not negociable at St. Louis. 
 I have therefore found myself compelled to draw on you at 
 five days sight in favor of Messrs Falconer & Comegys 
 for the sum of two hundred dollars. 
 
 This sum is inadequate to the object It will not even 
 pay the fourth of Ewing's demand. — I have declined to 
 draw for a greater sum until I hear from General Clark. 
 
 TO LOUIS LORIMIER, CAPE GIRARDEAU 
 SlR ^ St. Louis Dec 12. 1807 
 
 I was honored a few days since while at St. Genevieve 
 with your letter of 20 ulto. 
 
 It is to me as well as to yourself a subject of disappoint- 
 ment and regret that the party divisions of your squadron 
 should have rendered your command unpleasant. You 
 accepted the employment for the promotion of the public 
 interest, and you resign it in order to compromise those 
 unhappy dissensions which have arisen from the malevo- 
 lence of your enemies. — 
 
 I highly appreciate these honorable motives and enter- 
 tain no doubt that your parental anticipations with respect 
 to your worthy sons will be in all respects accomplished. 
 
 TO DENNIS FITZHUGH 232 
 Sib, St Louis Dec 16. 1807. 
 
 General Clark has desired me to draw on him at Louis- 
 ville to meet the demands against the Indian Department, 
 
 232 Judge Dennis Fitzhugh, the third husband of Prances Clark, the 
 youngest sister of George Rogers and William Clark. 
 
The First Acting-Governorship. 237 
 
 and informs me that they will be paid in his absence by 
 yourself. I drew on the 7th in favor of Shannon for 
 
 $300. . — 
 
 On the 12 in favor of Gibson for 200. . — 
 
 On the 14 in favor of Lorimier for 303. . — 
 
 $803. . — 
 
 Before the final adjustment of several of the Accts. I 
 have been obliged to make advances — particularly to the 
 wounded men of Pryor 's Escort 233 and to Ewing 234 who 
 owed money in St. Louis wch. he was compelled to dis- 
 charge. The vouchers shall be transmitted to the General 
 with all convenient despatch. 
 
 TO RICHARD BATES 
 glR ^ St. Louis 17th Dec 1807. 
 
 Your letter of the 18th Sept. was answered from St. 
 Genevieve the beginning of this month. 
 
 I have now a moment of leisure to speak of this country 
 in fulfilment of those promises which I long ago made 
 you. This account must necessarily be partial and limited ; 
 for it cannot be expected that after a short residence of 
 nine months, in a territory so widely extended as this, I 
 should be acquainted, except from report, with settle- 
 ments at the distance of several hundred [miles] from the 
 seat of government. 
 
 233 in 1807 Nathaniel Pryor was commissioned to escort to his home 
 the Mandan chief Shahaka. Pryor with his detachment fought a fierce 
 battle with the Arikara. It was in this fight that George Shannon was 
 wounded. Patrick Gass, Journal (Hosmer, ed.), XXVII-XXVIII. 
 
 234 William Ewing. 
 
238 The Life and Papers of Frederick Bates. 
 
 The districts of St. Louis, St. Charles and St. Genevieve, 
 are those of which I can speak with confidence, arising 
 from personal knowledge. — And as the representations 
 which I shall make you from time to time may possibly fix 
 your wavering resolutions with respect to a residence 
 among us, I will not indulge in speculative theories; but 
 exhibit to you as faithfully as I can, a true picture of my 
 adopted country. 
 
 When you are told that the lands are at least as fertile 
 as any to be found in the United States, you will not infer 
 that they are all equally so. We have large tracts of 
 country which will remain for many years uninhabited 
 by the Planter. But as a counter-balance for the poverty 
 of the surface Nature has made abundant amends by storing 
 its bowels with Minerals and Salines. — 
 
 Such for the most part is the district of St. Genevieve; 
 tho' it must be confessed that there are several agreeable 
 settlements of American Emigrants, 235 who have chosen 
 to establish themselves in this quarter of the country, for 
 the purpose of uniting mineral with agricultural pursuits. 
 Those of them, who emigrated prior to the acquisition, 
 are, with few exceptions industrious, intrigueing, turbulent 
 and avaricious. Mean and fawning when it suits their 
 purposes, and insolent Bravos when they drop the mask, 
 on a disappointment of their hopes. 
 
 Many of these People fled from the justice of the U. S. 
 and found an Asylum in the gloomy recesses of Louisiana. 
 During the despotism of the Dons, these Fugitives had 
 nothing to say. Too happy in having escaped the avenging 
 
 235 por an excellent study of the population of Upper Louisiana, see 
 Jonas Viles, "Population and Extent of Settlement in Missouri before 
 1804," in Missouri Historical Review, V, 188-213. 
 
The First Acting-Governorship. 239 
 
 arm of Eepublican justice, they contented themselves with 
 repairing in silence their broken fortunes, and practising 
 those frauds on each other which in their native places, 
 had made them unfit for the society of honest men. 
 
 The light of truth now pursues them in their retreats; 
 they are compelled to act a part; — and their ungovern- 
 able turbulence united with the insolent apathy of the 
 Creoles, forms a ridiculous compound resembling the image 
 we read of in the holy Book every part of which was com- 
 posed of different materials. 
 
 Between these People and those of St Louis, there is a 
 striking contrast, arising from the original difference in 
 the occupations of the first settlers. This latter place was 
 first purely commercial, and the proud, aristocratic spirit 
 still reigns, notwithstanding that leaven of democracy, the 
 operations of which are slow, but which may be expected 
 to bring about great changes, and perhaps in a few years, 
 reduce the whole to one homogenious mass. 
 
 The superior genius of the Americans now every day 
 arriving, will put a new face upon things, and business 
 of every kind, heretofore stationary, stagnant or monopo- 
 lized by a few will be distributed thro' Society, pass into 
 the hands of the many, where it will acquire life, activity 
 and progression. 
 
 The neighborhood of St Louis is not thickly inhabited, 
 owing undoubtedly to the scarcity of wood, & by no means 
 to the poorness of the soil: for altho' its strength may 
 have been in some degree exhausted by negligent culti- 
 vation many years ago, it is now well suited to the produc- 
 tion of small grain We are surrounded by Praires of 
 many miles in extent, which produce no timber of sufficient 
 size for Rails, and which must consequently remain uncul- 
 
240 The Life and Papers of Frederick Bates. 
 
 tivated until hedges and ditches are adapted as substitutes 
 for fences of the ordinary kind. 
 
 The settlements back from the River, particularly Bon 
 Homme 236 and St. Ferdinand 237 sometimes called Fleuris- 
 sant are very flourishing as the familiar name of the latter 
 imports. The People are well disposed industrious and 
 hospitable. The day cannot be distant when they will be 
 independent & happy. 
 
 St. Charles possesses at this day an agricultural wealth 
 greater than any other of the Districts Its Inhabitants 
 are principally honest Yankees whose ' steady habits' sim- 
 plicity of manners and persevering industry in the accumu- 
 lation of property, have left them no time for the indulg- 
 ence of those vindictive passions which have destroyed the 
 happiness of the other Settlements Or is it, that Heaven 
 chuses to reward the Farmer with peace and abundance, 
 while it throws out a cursed drag-sail to the enjoyments of 
 all other descriptions of men! 
 
 From whatever cause these fortunate exemptions arise, 
 it is certain, that when all other parts of the Territory 
 have been involved in party dissension, the peaceful culti- 
 vators of the soil on the Missouri, have not suffered the 
 Demon of Discord to approach their Borders. — 
 
 The fertility and productiveness of their fields are almost 
 inconceivable : The Earth is light and cultivated with little 
 labour, — and it is not difficult to foresee that their village 
 will very soon be the scite [sic] of large stores, and ample 
 
 236 "About eight miles above this [St. Charles], the village and settle- 
 ment of Bon Homme opens to view." Thomas Ashe, Travels, III, 101. 
 
 237 The village was variously known as St. Ferdinand or San Fer- 
 nando de Florissant. In 1804 it contained sixty houses and was, next to 
 St. Louis, the largest settlement in the district. For a description of it 
 in 1798, see Houck, Spanish Regime, II, 250. 
 
The First Acting-Governorship. 241 
 
 granaries for the deposit of Wheat, Flour, Pork, Tobacco 
 and every kind of country produce which will bear trans- 
 portation to N. Orleans & the W. Indies. 
 
 Of the country generally I intended to have given some 
 geographical Sketches : but to be candid with you, I am not 
 yet sufficiently acquainted with it. We have no general 
 Survey and such informations can only be gathered by 
 travelling over it. — 
 
 A few of the Spanish and French Inhabitants who 
 enjoyed the patronage of the late government are wealthy. 
 But the great body of that unhappy People whose situation 
 has always been degraded and slavish is daily sinking into 
 insignificance and ruin. Some of them are employed by 
 the Merchants as Boatmen or Traders in the Indian 
 country. This service sinks them, every year more deeply 
 in debt, until they are compelled by their unfeeling credit- 
 ors to perform every servile drudgery with which humanity 
 can be loaded. But it is a life to which they are accus- 
 tomed, and they are seldom known to complain. 
 
 There is beside, an intermediate grade who had rather 
 starve in town than live in the country. They satisfy 
 themselves with the externals of parade, unconscious of 
 the approaches of Poverty, until that hideous Fiend with 
 the appearance and brutality of a constable, finds an 
 entrance at the back door & drives them into the streets. — 
 
 Our Balls are gay, spirited and social. The French 
 Ladies dance with inimitable grace but rather too much in 
 the style of actresses. Were it not for a theatrical licence 
 which they assume in their gestures, they would be alto- 
 gether lovely. In the opinion of many they are more 
 charming on this account, yet I must deplore the singu- 
 larity of my taste when I confess, that to me, they would 
 
242 The Life and Papers of Frederick Bates. 
 
 be more interesting with a greater show of modesty and 
 correctness of manners. 
 
 Notwithstanding the propensity to ostentation in some 
 of the old Inhabitants, I do by no means think that they 
 are prodigal or profuse. On the contrary, they are rigid 
 economists — and some of them even narrow minded and 
 niggardly. 
 
 Civil, polite and courteous, they perform inviolably all 
 the decorums of intercourse; yet when they are making to 
 you all their professions of attachment and service, they 
 have their mental reservations, and as no veil is deep or 
 large enough to hide itself, we are generally aware of, 
 and guarded against the artifice. 238 
 
 Do not imagine that I speak with prejudice of these 
 People. Believe me, I do not. I esteem them my friends, 
 and have never had either personal or political differences 
 with any of them. It is our own refractory countrymen 
 with whom all my unpleasant contests have arisen. — But 
 I must say that Justice and liberty are words which they 
 do not understand. You who have been bred up in Repub- 
 lican Habits will be surprized at this. Yet it is a mournful 
 fact, that they do not comprehend the import of the words. 
 
 The very name of liberty deranges their intellects, and 
 it appears absolutely impossible for them to form accurate 
 conceptions of the rights which Justice creates on the one 
 hand, and the obligations which it imposes on the other. 
 
 The summary decree of a military officer however tyran- 
 nical or absurd is much better suited to their ideas of the 
 
 238 Compare with Amos Stoddard, Sketches of Louisiana, 310 ; Chris- 
 tian Schultz, Jr., An Inland Voyage, 41; H. M. Brackenridge, Views of 
 Louisiana, 237; Pierre Chouteau, Domestic Life in Old St. Louis, Missouri 
 Historical Society Manuscript. 
 
The First Acting-Governorship. 243 
 
 fitness of things, than the dilatory trial by jury and 'the 
 glorious uncertainty of the Common Law.' 
 
 If their Commandant spurned them from his presence; 
 deprived them of half their Estate or ordered them to the 
 black Hole, 239 they received the doom as the dispensation 
 of Heaven, and met their fate with all that resignation 
 with which they are accustomed to submit indifferently to 
 sickness and health, to rain and sunshine. 
 
 In fact, they knew that they had no rights and that they 
 were absolutely dependent, in all things, on the will and 
 pleasure of the Governor. 
 
 Since the American Government commenced its opera- 
 tions, a gleam of light, like the first blush of the morning 
 has dawned on their bewildered imaginations. They were 
 before in the impenetrable glooms of ignorance; but now, 
 like the blindman cured by our Saviour they 'See men as 
 trees walking. ' — 240 
 
 The French People for the most part live in villages and 
 cultivate a Common Field. They cannot bear the idea of 
 separation. To live in the country without a neighbour 
 in less than half a mile is worse than death, and almost as 
 bad as Purgatory. Surrounded with wretchedness they 
 dance and sing ; and if they have their relations and friends 
 within the sound of their violin, they have nothing more to 
 ask of the Virgin; Provided her vicegerent the Priest, will 
 design to forgive those sins which perhaps they never com- 
 mitted. — 241 
 
 239 A reference to the Black Hole of Calcutta, the dungeon in which 
 one hundred and twenty-three Englishmen, held prisoner by Siraj-ud- 
 daula, suffocated on a night in June, 1756. 
 
 240 Reference to St. Mark, VIII, 24. 
 
 24i The great majority of the American settlers and most of the 
 officials were Protestants. They had little understanding of or sympathy 
 
244 The Life and Papers of Frederick Bates. 
 
 These holy men, these organs of the divine will, who 
 impudently thrust themselves between God and his crea- 
 tures, are liberal gentlemanly, and sometimes even libertine 
 in their conversation and manners. — 
 
 You may see them gamble at vingt un, or Loo, from Sat- 
 urday night till Sunday mattins But were your Secretaries 
 of the reformed church to see them in these abominations, 
 they would imagine that not even the horns of the altar 
 could shield them from the thunderbolt. 
 
 I send you the Copy of a statement which I some time 
 ago made to Mr Gallatin of the daily operations of a 
 Furnace for the smelting of Lead. By it, you will see the 
 vast profits arising from the prosecution of this lucrative 
 business. By order of the President I am now leasing the 
 Public Mines to private persons. They pay to Government 
 only 1/10 of the clean mineral, before it is smelted as that 
 is the process from which the Principal emoluments arise. 
 The only inconvenience attending this employment, and 
 that by the bye a pretty serious one, is the poisonous 
 effluvia of the Furnace. The smelters die notwithstanding 
 their precautions. 
 
 The Country also abounds with salt springs and caves 
 of Salt Petre ; but none of them are yet wrought to advan- 
 tage. Indeed, until the complete adjustment of land titles, 
 the dormant resources of the Country cannot be awakened. 
 Expensive establishments will never be made, until the 
 claimant be ascertained whether the Lands belong to the 
 U. S. or to himself. 
 
 with Catholicism. Fortunately the officials did not allow this to preju- 
 dice their acts and no attempt was made to interfere with the religion 
 of the haUtans. Stoddard exhibited an attitude similar to that of Bates. 
 See the chapter "Learning and Religion" in his Sketches of Louisiana, 
 307-317. 
 
The First Acting-Governorship. 245 
 
 I send you also a statement of the population &c. of that 
 tract of country which now forms the upper territory. It 
 is copied from the official Papers of 1799 and falls very 
 far short of the truth at this day. We reckon our popu- 
 lation 15,000 at least. 
 
 Both St. Genevieve & St. Charles are said then to have 
 had more Inhabitants than St. Louis. The two former 
 are still respectable for their riches and numbers; but are 
 by no means so populous as the last. 
 
 The Banks of the Mississippi are wasting and insecure. 
 During high freshets, many acres are ingulphed in an 
 instant with a tremendous noise like the distant discharge 
 of artillery. St. Genevieve has retired at its approaches 
 and is now one and a half miles from the River. 
 
 St. Louis alone, is 'The Rock on which the storm shall 
 beat, in vain' and will be the capital of a flourishing State 
 when you and I are no more. 
 
 The Climate of this Country resembles that of 
 Virg[ini]a. Slight differences are observable, tho' the 
 latitude is nearly the same. They arise from our inland 
 situation and many other local causes. I have before men- 
 tioned to you, the vast quantities of excellent grapes with 
 which our woods abound. We have other fruits in great 
 variety and perfection. Some marshy parts of our terri- 
 tory are said to be unhealthful ; Yet I do presume that there 
 is no place in the western country the air and water of 
 which are more salubrious than those of St. Louis. 
 
 You will of course wish to be informed with respect to 
 our local government. In order to make up your mind 
 as to residence You have read the Statutes organic; the 
 Acts regulating Indian Intercourse, and those in relation 
 to Lands. From these you will discover that territorial 
 
246 The Life and Papers of Frederick Bates. 
 
 Governments are executive and arbitrary emanations from 
 the general Government at Washington. The People have 
 no share in legislation. The Governor and the Judges 
 make the Laws, as they adopt them in the territories east 
 of the Mississippi. The Judges expound and the Governor 
 executes. This you will say is a violent concentration of 
 powers, and very unlike the free institutions of your own 
 country. It is true, tho', all things considered, I do not 
 know that the wit of man could devise an order of affairs 
 better suited to chasten the irregular habits of those adven- 
 turous People who are commonly found on a frontier. 
 
 The codes of Governors Harrison & Wilkinson were 
 hastily digested and during the last summer, I cooperated 
 with the Judges in giving them a thorough revision; and 
 in forming a system which has almost entirely super- 
 ceded] the old one. 
 
 The subordinate courts of justice were reformed and 
 placed on a more respectable footing ; the tenure of judicial 
 office extended to 'Good behavior for four years,' and 
 their jurisdiction so enlarged as to embrace a much wider 
 field than heretofore. 
 
 These Judges are appointed by the Governor and are 
 not less than three nor more than five in each district. 
 They hold three courts annually in their respective limits. 
 
 Subordinate to these are township Justices of the Peace, 
 who decide causes at their own chambers to the amount of 
 $60 — An appeal lies to the District — and from thence to 
 the General Court which holds its session, once in St. Louis, 
 and once in St. Genevieve in each year. 
 
 The tenure of all offices civil and military except that of 
 the District Judges and Clerk of the General Court, is 
 during pleasure. — An Atto. licensed to practise elsewhere 
 
The First Acting-Governorship. 247 
 
 is admitted to our Bar on a slight examination & perhaps 
 without one. — 
 
 You must be weary my dear Richard with this tiresome 
 letter. It is indeed written hastily — trifles are dwelt 
 upon, and facts of some import neglected. I will reserve 
 them however for future occasions and for moments of 
 greater retirement and leisure. — Governor Lewis is not 
 yet arrived. My affectionate respects to our beloved 
 mother and sisters. — 
 
 TO WILLIAM CLARK 
 
 St Louis Dec 1807. 
 Deab General., 
 
 Your letter of 25th Nov reached me at St Genevieve ten 
 days ago. The communication of Capt. Dunham 242 was so 
 defaced that it was with difficulty I could read it. From it 
 however I gathered the dispositions of the British Traders 
 to preserve and extend, by the most impudent pretensions, 
 that influence which they already possess among the 
 Northern Indians. Boilvin will winter at Le Moin. He 
 has taken with him a small assortment of Indian goods 
 furnished by Mr. Tillier from the Factory. He has influ- 
 ence and zeal and his residence among the Sacs & Foxes 
 will have good effects. Chouteau suspects him, tho' I 
 should not deem his suspicions conclusive evidence of bad 
 faith. — Dorion 243 returned with the defeated Escort. 
 
 24 2 Probably Josiah Dunham. 
 
 243 Pierre Dorion the elder was an early resident of St. Louis. He 
 spent much of his time among the Yankton Sioux. The younger Dorion 
 was the son of a Sioux woman. Both were utilized as interpreters by 
 
248 The Life and Papers of Frederick Bates. 
 
 Pryor was greatly dissatisfied with him. Was it not 
 intended that he should have remained among the Sieux? 
 He applied to me for instructions which I declined to give, 
 and enquired of him whether he had not received your 
 orders. 
 
 It will not be in my power to negotiate bills on Louis- 
 ville to the amount of those demanded which will probably 
 be made on your Agency during the present winter. The 
 Kentuckians who trade here, return in the Fall, and at this 
 season, there is very little commercial intercourse. I have 
 drawn for $803 on you and for the sum of $200 on General 
 Dearborn. 
 
 I shall certainly be compelled to draw again, on the Secre- 
 tary of War. You cannot, I think be opposed to this 
 unavoidable departure from your place. The settlements 
 will be made in your name, and the vouchers (one set) 
 forwarded, as soon as circumstances will permit. — It has 
 been impossible to avoid, making some advances prior to 
 the final adjustment of several of the accounts: particu- 
 larly to the unfortunate Shannon, 244 whose life was, for a 
 time despaired of but who is now, since the amputation of 
 his leg, on the recovery. — 
 
 Wm Ewing was beset by clamorous creditors — and as 
 his acct. could not be closed until the delivery of the stores 
 
 Lewis and Clark. The younger served the Astorians but was killed by 
 an Indian on the Boise River in Idaho. 
 
 2*4 George Shannon was one of the Lewis and Clark exploring party. 
 He was wounded by the Indians and suffered the amputation of one of 
 his legs. He was known as "Peg Leg" Shannon. Lewis and Clark took 
 him to Philadelphia to superintend the publication of their journal. He 
 studied law and eventually practiced at Lexington, Kentucky. In 1828 
 he located at Hannibal, Missouri, and later at St. Charles. He served in 
 the state senate, and became the United States attorney for Missouri. 
 
The First Acting-Governorship. 249 
 
 at the agricultural establishment I was induced to pay his 
 debts to the amount of about half his claims. — 
 
 It has not been in my power to employ a Blacksmith for 
 the Sacs & Foxes as you desired me. I sent repeatedly to 
 Williard and to the man at the Portage 245 but heard from 
 neither of them. 
 
 I know General, your impatience, to be accurately 
 informed on the subject of Indian Affairs in this quarter. 
 The times are critical and I must confess to you, that 
 altho' I have not been inattentive to those matters, I am, 
 at this moment very ignorant with respect to them. There 
 is such a proneness on the part of some of the Sub Agents 
 and Interpreters to artifice, duplicity and lying, that I 
 have not the smallest confidence in them. 
 
 Absurd as such a plan may appear to you, I am unalter- 
 ably of the opinion, that the authority of our Government 
 would be much better supported by discharging these 
 faithless People, and ceasing to hold conferences with the 
 Indians until citizens of the U. S. could be procured as 
 Interpreters. — To what do all our long conversations 
 amount? To nothing — To worse than nothing — for they 
 only afford the opportunity for misrepresentation. 
 
 There is another abuse: These People calumniate the 
 Government, at the moment they are the organs or rather 
 the vehicles of its munificence. That old Hypocrite Dorion 
 while he was distributing those Presents for which he now 
 
 2*5 Portage des Sioux was founded in 1799. It was located on the west 
 bank of the Mississippi about six miles above the mouth of the Missouri. 
 The tradition is that it derived its name from the fact that the Missouris 
 had an ambush at the mouth of the Missouri River to waylay a band of 
 Sioux, but the Sioux cunningly made a portage at the site of the village 
 and escaped up the river. In 1804 the village contained about twenty- 
 five houses. 
 
250 The Life and Papers of Frederick Bates. 
 
 brings forward accounts for about $800 including his late 
 disbursements, lamented to the Indians, the oeconomy of 
 the government and the necessity under which he felt him- 
 self of making personal sacrifices. 
 
 The Mandane Chief 246 heretofore happy at the camp, 
 where I have always seen him at the Officers tables, and 
 treated with every kind and hospitable indulgence now 
 insists on being at St. Louis. He is made to believe that 
 he is the ' Brother' and not the 'Son' of the President: 
 That this is the residence of Gov Lewis and yourself — and 
 is. reminded, that while you were here, he was not sent 
 among the ' Little chiefs ' at the Camp. 
 
 How trifling and vexatious! — A false sensibility is 
 excited, and his mind poisoned by those mischievious sug- 
 gestions. I am indirectly told that P. Chouteau provides 
 for him since his abrupt return from Belle Fontaine. 
 
 My enemies appear to be softening down. I have heard 
 of some threats of Colo. Smith, to be executed on the arrival 
 of the Governor, as soon as I am divested of the privilege 
 of office. I am in hopes the Colonels passions will sub- 
 side — am too domestic to hear much of the village scandal. 
 Your Friends are unwell with the Influenza. 
 
 TO RUDOLPH TILLIER 
 glB St. Louis Dec 1807. — 
 
 Lt Davis did me the favor to present your letter of this 
 day, containing an account of the Indian Department with 
 the Factory of the U. States. 
 
 2*6 The Mandan chief Shahaka. 
 
The First Acting-Governorship. 251 
 
 I find it unaccompanied by vouchers but will take an 
 early occasion of adjusting it in the usual manner. — 
 
 TO HENBY DEAKBORN 
 
 St. Louis Dec 25. 1807 
 Sir, 
 
 In the absence of General Clark, as I had the honor of 
 informing you on the 26 Nov I have at his desire, under- 
 taken to adjust certain demands against the Ind dept. The 
 settlements will be made in the General's name, as 'Pr 
 Ind agent.' 
 
 Notwithstanding my anxious desire to assume no other 
 character in this business than that of the private friend 
 of the General, I have been obliged again to trouble you 
 with a Bill at five days sight in favor of Messrs. Falconer 
 & Comegys for the sum of six hundred dollars. 
 
 JOHN SMITH T TO BATES 
 
 December 29th 1807. 
 Sir, 
 
 By virtue of a concession granted to Jacq de St. Vrain 247 
 the 9th February 1796 recorded in book C. page 336 & 337 
 
 24r Jacques Ceran Marcelin DeHault DeLasses St.Vrain was a 
 son of Pierre DeHault DeLassus de Luziere, the first commandant of 
 Nouvelle Bourbon, and a brother of Don Carlos DeHault DeLassus, 
 commandant at New Madrid (1796-1799) and lieutenant-governor of 
 Upper Louisiana (1799-1804). St. Vrain served in the French navy, but 
 entered Spanish service and commanded a galley on the Mississippi. 
 From his brother he received two land grants, one containing ten thou- 
 sand arpens. 
 
252 The Life and Papers of Frederick Bates. 
 
 for ten thousand arpts. of land to be located agreable to 
 the stipulations therin mentioned I have located and claim 
 the following described tracts of Land viz. One thousand 
 arpts. at a place calld the New digings about two miles 
 from Mine a Burton. Also a place known by the name of 
 Mine a Robina three hundred arpts. — On the branch above 
 Renault Mine three hundred arpts. — Three hundred arpts. 
 including Dogits 248 Mines — Two hundred arpts. on the 
 first branch emtying into the Mine fork on the South side 
 above its Junction with Bigg river — Two hundred arpts. 
 including a place calld McKees[?] discovery about a Mile 
 and a quarter from the last mentioned place — Fifty arpts. 
 including a mill seat on the second creek imtying Bigg 
 river above the Junction of the Mineral fork on the west 
 side — I also claim by virtue of a concession to John Cape- 
 heart eight hundred arpts. of land on the waters of the 
 river St. Francis in Murpheys settlement. 
 
 TO CLEMENT B. PENROSE 
 
 St. Louis 6 Jany 1808 
 Sir, 
 
 Major Christy and myself conversed this morning on the 
 subject of the clerkship. He is willing to act under the 
 advices of you and myself and will resign if those who 
 elected him, think it prudent, for whatever reason, that he 
 should do so. 
 
 On this occasion I have felt very sensibly; but as his 
 bad health appears to render a prompt discharge of his 
 
 248 Jacob Doggett, the discoverer of Doggett's Mine, lived on Flat 
 River in Murphey's Settlement in 1803. 
 
The First Acting-Governorship. 253 
 
 burtliensome duties almost impossible, I think we ought 
 to advise a Resignation. 
 
 The idea of substitution was formerly discountenanced 
 by the Board, and our associate will persist in considering 
 us as accountable for every irregularity, during the present 
 order of things. 
 
 LEAD MINING CONTRACT WITH JOHN HAWKINS 
 AND JACOB REED 
 
 This Contract made at St Louis the sixth day of January 
 in the Year one thousand, eight hundred and eight between 
 Frederick Bates Recorder of Land Titles for the territory 
 of Louisiana, on the one part and John Hawkins and Jacob 
 Reed 24y of the district of St Genevieve of the other part 
 witnesseth that the sd. Bates engages on his part that 
 Hawkins & Reed shall be put into possession of Fifty acres 
 of Land lying on the west side of a small creek, about a 
 half mile below the plantation of Louis Moran, and about 
 three miles in an eastern direction from Mine A Burton 
 provided the said lands are not claimed by private persons 
 and located prior to the 4th of March last — And that the 
 said Hawkins and Reed shall enjoy the quiet and peaceable 
 possession of the premises for the purpose of digging and 
 raising lead mineral for the term of two years from the 
 date hereof. — 
 
 And the said John Hawkins & Jacob Reed, on their part 
 promise and bind themselves to cause the premises to be 
 surveyed in a compact form, reserving the rights of indi- 
 viduals which may fall therein, and to return certified Plat 
 
 249 An early settler in the Bois Brule bottom. 
 
254 The Life and Papers of Frederick Bates. 
 
 thereof to the said Bates without unnecessary delay; that 
 no less then three men shall be constantly employed on the 
 said lot in the digging and raising of Mineral when the 
 weather and the season permit — and that they will pay 
 to the said Bates, or to the person authorized to receive 
 the same for the United States the quantity of one tenth 
 of the produce of the said Diggings, in pure Lead, to be 
 delivered quarterly at some store house hereafter to be 
 established for its reception & deposit at the Mine A 
 Burton, and that in the intermediate times, no Lead, nor 
 mineral raised subsequently to the last payment shall, under 
 any pretext whatever be removed from the said Diggings. 
 
 It is understood and the said Bates agrees that the said 
 Hawkins & Reed shall have the free use of any springs of 
 water found in the vicinity of the said lot, on the Public 
 lands, and that they shall be permitted for the purposes 
 of building and fuel to make use of any Stone, Timber or 
 fire wood within the limits of the said lot or in the neigh- 
 bourhood thereof if found on the lands of the United 
 States. 
 
 If the said Hawkins & Reed should discontinue the said 
 Diggings for the space of four months, the said Bates or 
 the proper Agent shall have a right to reenter and this 
 lease be thenceforth void. 
 
 And if the said Hawkins & Eeed shall neglect or refuse 
 truly and justly to make the quarterly deliveries of lead 
 as herein stipulated, such delinquency shall cancel this 
 Contract, and justify the Agent in taking possession of 
 the Lead and mineral then on the premises, (giving his 
 receipt therefor) and retaining the same until a regular 
 decision can be had in a court of Justice. 
 
 In Witness of all which, the parties have to duplicates 
 
The First Acting-Governorship. 255 
 
 hereof, set their hands and seals at St. Louis the Sixth day 
 of January in the Year above written. — 
 
 Jacob Reed 
 Sealed and delivered Frederick Bates 
 
 in presence of 
 J. McLanahan 250 
 
 MICHAEL AMOUREUX 251 TO BATES 
 
 New Madrid January 6th 1808. 
 Sir, 
 
 I had the honor of addressing your Excellency on the 
 22d — 24th of last December, and now have that of 
 tra[ns]mitting a recommendation from the extant mem- 
 bers of the Court of this District, for persons whom they 
 have thought the most suitable to fill up the present vacan- 
 cies. We have had no Confirmation as yet of the report 
 spread all over this District, that England had declared 
 war against the United States: as under the known Cir- 
 cumstances, such an event is most probable, that report 
 has caused here some alarm, and several of the Citizens 
 have suggested the propriety of my particularly repre- 
 senting to you the defenceless situation of this District: 
 I recollect having mentioned something on that Subject 
 sometime ago: my opinion then was that, even in a state 
 of peace, a standing regular force at this place would be of 
 great service on many accounts — as to what regards the 
 Indians, although we may have little to fear from them as 
 
 250 Josiah McLanahan was appointed sheriff of the St. Louis District 
 on June 18, 1805. 
 
 251 One of the judges of the court of common pleas and quarter ses- 
 sions of the District of New Madrid appointed by Harrison. 
 
256 The Life and Papers of Frederick Bates. 
 
 whole nations, we are however much exposed to the attacks 
 of vagrant tribes, who rove about us, and whose number 
 is more than sufficient to break up the whole Settlement, 
 before anything like an effectual resistance could be 
 opposed to their devastations : the militia of this District, 
 scattered on an extent of upwards seventy miles in length, 
 consists of about one hundred & twenty effective men ; how 
 such a small number could be construed into six companies 
 and two battalions, is not easy to explain, unless it be 
 supposed that it was thus arranged, for the purpose of 
 creating a colonel, majors, &cet. which in fact appears to 
 be the general oppinion : the greatest part of the men com- 
 posing the militia are without arms & amunition, so that 
 in cases of emergency they could not be able to afford 
 protection: the more we look on recent events, the more 
 convinced we feel of the necessity of causing the authority 
 of the United States to [be] effectually respected in every 
 part of the Union: from the Local Situation of this place 
 a regular force stationed here could protect together the 
 inhabitants and the navigation of the Mississippi a great 
 way down. In the event of a rupture between England and 
 the United States it is more than probable that the internal 
 enemies will try every method for harassing, plundering 
 and destroying where ever they will see a possibility of so 
 doing; all those reasons make the citizens alluded to to be 
 of opinion that a regular force (they think one company) 
 should be stationed here as soon as possible, and that 
 besides one company of volunteers, of about forty men 
 would be raised within this District, which company, when 
 armed & amunitioned &cet. by government, and properly 
 trained, could either be stationed with the other Company, 
 or could replace the same as circumstances or government 
 
The First Acting-Governorship. 257 
 
 would direct: if this plan does meet with your approba- 
 tion, well-disposed citizens will go on immediately about 
 raising the said company of volunteers — a small 
 gunboat stationed before this place would no doubt 
 be a more effectual and immediate protection for the navi- 
 gation of the Missisippi, at all times of the year; but the 
 expence attending this last mode of defence would be much 
 greater than that of a land force; a state of war creating 
 a kind of stagnation in the ordinary pursuits of many men, 
 some of them, who may be unprincipled, and encouraged 
 by the enemies of government, might renew those scenes of 
 piracy and murder, which, a few years ago, were witnessed 
 on the Missisippi, particularly between this place and the 
 Natchez — the same cause might operate on the Indians, 
 who not finding a ready sale for their peltries, and of 
 course not being able to procure their ordinary supplies of 
 goods &cet. may become exceedingly troublesome, and I 
 really fear this last inconvenience will be the soonest felt, 
 in case of a war taking place. — 
 
 Some boatmen who have arrived here from Pittsburg, 
 since the first report of an open rupture with England, 
 have contradicted that report, which in fact appears prema- 
 ture: as we never receive our newspapers in due course, 
 we are obliged to depend on passengers for information 
 on the situation of public affairs. You will perhaps not 
 think fit to appoint three new judges for the Court of 
 Common pleas: I[n] which case I would beg you would 
 chuse the number you will determine appointing in the order 
 in which the candidates stand on the list of recommenda- 
 tion: Mr. Joseph Hunter 252 being in this township of New 
 
 252 Hunter came from Kaskaskia to the New Madrid District. In 
 1781 he brought buffalo meat to the garrison of Ft. Jefferson when it was 
 
258 The Life and Papers of Frederick Bates. 
 
 Madrid will be of great assistance for holding the orphans 
 Courts, and for other immediate emergencies; however 
 more proper reasons militate in his favor, he is generally 
 reputed as a good and upright man, of no intriguing dispo- 
 sition, and truly attached to government: with regard to 
 G. Wilson 253 the present Sheriff, the complaints against his 
 conduct in every respect are so numerous, that it appears 
 to be the general wish that he could be removed — John E. 
 Hart 254 is reputed a good and sober man, and much attached 
 to government. A majority of the assessors of taxes met 
 on the 2d instant, at the request of the Clerk, I believe; 
 I was not apprized of their meeting, but being there holding 
 an Orphans Court I joined them, when it was proposed to 
 sign the warrant for taxes for the year 1807, which motion 
 was negatived by a great majority of said Board, stating 
 their opinion, that they could not sign that warrant, untill 
 the accountable had rendered a proper account of the 
 finances of the District; the said accountable, G. Wilson, 
 was there, but as he was in a state of intoxication, nothing 
 reasonable could be expected from him; as by law the 
 Sheriff is to be the Collector, it is my opinion that if the 
 Collection could have been put into the hands of some 
 collector in whom the board could have placed a well 
 grounded confidence, they would have then signed the war- 
 besieged by Indians. At one time he lived on Wolf Island in the Missis- 
 sippi, but his usual place of residence was in the Tywappity Bottom. 
 He served as a major in the New Madrid regiment during the War of 
 1812. In 1812 and 1816 he was a member of the Missouri territorial 
 council from New Madrid. 
 
 253 Andrew Wilson, a Scotchman, was induced by Morgan to settle 
 in the District of New Madrid. His son, George, was the first sheriff of 
 the District. 
 
 254 i n 1802 John E. Hart was an ensign in a militia company at New 
 Madrid. He served as lieutenant-colonel of the New Madrid regiment 
 during the War of 1812. 
 
The First Acting-Governorship. 259 
 
 rant, it is, morally speaking, impossible that the laws 
 could foresee and provide for every possible case; of that 
 number is the act directing the probate of wills and the 
 descent of intestate Estates &cet — in every case happening 
 I have thought it my duty, as Judge of probate, to take 
 immediate steps for securing the property of the deceased 
 for the Benefit of all concerned, either heirs, creditors, 
 Donees &cet — by appointing guardians, or trustees, 
 putting the seals, and sometimes taking an account of move- 
 ables, untill a regular administration could be established, 
 and as the Circumstances seem'd to require; however the 
 said act is silent with regard to those particulars, and when 
 I have acted as above, I thought I was pursuing the true 
 spirit of the law only — it is thought here, by the Clerk of 
 our Court, that, in the case of a man dying intestate, leaving 
 a widow, with issues not of age, Creditors &cet. said widow 
 can administer in fact on that estate, without taking any 
 letters of administration &cet. — I am not of that opinion, 
 because I think that the rights of the widow, heirs &cet. 
 should be immediately ascertained by a proper Inventory 
 and other legal steps at the death of the intestate, or else 
 the law means nothing; and the door would be left open 
 to endless lawsuits and difficulties in future; and I think 
 Mr. Humphreys was in the wrong in advising a widow, 
 here now in that Case, not to take the proper legal steps, 
 and to take upon her self every responsibility for not 
 having complied with the law : it is also my opinion that the 
 law means positively that (particularly in the case where 
 the heirs, principal creditors, &cet are absent and not 
 virtually represented) Goods only should be sold to pay the 
 privileged debt, due in the Territory, in the manner directed 
 by law, but that the rest, which are not of a immediate 
 
260 The Life and Papers of Frederick Bates. 
 
 perishable nature should be kept for the disposal of the 
 absent heirs, Creditors and others direct concerned, during 
 such reasonable time at least, according to the Circum- 
 stances of the Case, an instance will serve perhaps better 
 to elucidate the matter of a stranger died at this place, 
 intestate as it appears, possessed of dry & other goods to 
 the amount of upwards fifteen thousand Dollars ; he had no 
 relations, no Connections, nor any known Creditors in this 
 Territory: On the earliest information of his death the 
 judge of probate, my predecessor took the necessary steps 
 to secure the property by putting the seals &cet. a limited 
 administration was establish 'd, with powers to make an 
 Inventory, and sell the goods of an immediate perishable 
 nature, to pay servants wages &cet. and other necessary 
 charges attending on the said administration ; three months 
 after a full administration having been decreed by the 
 orphans Court, and a few debts to a small amount remain- 
 ing due still, the administrator applied to the orphans Court 
 for permission to sell a quantity of the remaining goods 
 sufficient to pay those debts, but some for him contended 
 that the remaining goods, viz Cloth, linnen, steel, hardware, 
 iron pots &cet. &cet. were all of a perishable nature, and of 
 course should be sold immediately; I opposed the motion 
 and it did not pass ; nevertheless I saw next day an adver- 
 tisement on the part of the administrator advertising all 
 the property to be sold within a few weeks; luckily in the 
 interval a representative of the principal creditors in Phil- 
 adelphia arrived here and prevented what I look'd upon 
 as contrary to law and to the real interest of the direct 
 Concerned. If I have been wrong in any of my above 
 opinions I beg you will tell me so, as I hope that you will 
 not mistake my real intentions in stating them. 
 
The First Acting-Governorship. 261 
 
 TO WILLIAM MATHERS AND MICHAEL HART 255 
 
 q ent . St. Louis Jan 7. 1808 
 
 The Presidents instructions require that there should be 
 some alterations in the Leases which I have heretofore 
 made of Lead Mines. 
 
 It is the wish of the Govt, to receive their rents in metal 
 rather than in mineral, and they disapprove the term, 
 requiring that it shall be less than three years — The rents 
 are also too low. 
 
 In pursuance of these orders and by virtue of a clause 
 of the Lease I feel myself compelled to declare that it 
 must terminate on the 1st day of January 1810 : That the 
 rents after the 1st day of the present month, must be the 
 tenth of the pure Lead instead of the mineral, and that the 
 said 1/10 shall be delivered at the U. States' store here- 
 after to be established at Mine A Burton. 
 
 These are conditions which I am obliged in future to 
 insist on with the Tenants of the U. States; tho' in your 
 particular case it is probable that the performance may 
 not be required as respects the delivery, as your Diggings 
 will be a more convenient place of Deposit than Mine A 
 Burton. Yr. Lease is now formd. & the changes of condi- 
 tion wch it has been my duty to make noted at the bottom. 
 
 TO MICHAEL AMOUREUX 
 
 glR St. Louis 10 Jany 1808 
 
 Your letter of the 16 ulto. contains a number of inter- 
 esting particulars which should have had my earlier atten- 
 
 255 William Mathers and Michael Hart were tenants of the United 
 States at Mine a Renault. In 1800 Hart settled in the Murphy Settle- 
 ment, where Farmington is now located. 
 
262 The Life and Papers of Frederick Bates. 
 
 tion had not ill health for some time past rendered me 
 incapable of almost every kind of public business. — I have 
 transmitted the appointment of Messrs. Humphreys 256 and 
 Woodson, 257 as commissioners of Eates and Levies; the 
 first for the term of three years ; the latter as the successor 
 of Colo. Waters 258 whose term, I think would have expired 
 on the 15th of August 1809. — The tax law 259 ought, in the 
 opinion of every member of the Legislature to have been 
 long since repealed. It is badly calculated to promote the 
 objects which it contemplates; but as it is still in force, 
 we must endeavour to execute it, notwithstanding the diffi- 
 culties which have impeded its operation. 
 
 I have before heard of the irregular conduct of Mr. 
 Wilson ; 260 — but you know that haste and precipitation 
 have formerly been imputed to me; and from the 
 unpleasant contests which I have been compelled to main- 
 tain, has resulted the propriety of future caution. 
 
 The reality of justice is indispensable; its appearance 
 is also necessary for the success of public measures. — If 
 the court or your Honors, in private conference will declare 
 to me the causes of their dissatisfaction with Mr. Wilson, 
 and recommend his removal, such a course shall then be 
 
 256 Joshua Humphreys. 
 
 257 On August 20, 1807 Obadiah Woodson was appointed justice of the 
 peace for New Madrid township. On January 8, 1808 he was appointed 
 commissioner of rates and levies for the District of New Madrid to suc- 
 ceed R. J. Waters who died in office. 
 
 258 Thomas Willoughby Waters, a South Carolina soldier of the Ameri- 
 can Revolution, came to Cape Girardeau in 1804. He engaged in farming 
 and merchandizing. The firm name was Waters and Hall. 
 
 259 The act for raising district rates and levies was enacted July 8, 
 1806. Mo. Territorial Laws, I, 69-78. 
 
 260 probably George Wilson, the first sheriff of the District of New 
 Madrid. 
 
The First Acting-Governorship. 263 
 
 pursued as the interests of the district may appear to 
 require. 
 
 Be assured Sir, I feel every possible confidence in the 
 correctness of your representations and shall be thankful 
 for a continuance of those communications with which you 
 have heretofore favored me. — I have commissioned Mr. 
 Hunter, 261 and shall submit your recommendation of Mr. 
 Hart 262 to Governor Lewis on his arrival. — You are to 
 preside in the courts, and should a competition arise on 
 that subject I will forward you a commission to that effect. 
 
 If those U. States' — Buildings which you mention can 
 be converted to District Purposes I think you ought to take 
 possession of them. They might perhaps serve for offices ; 
 and their occupancy by a careful Tenant would contribute 
 to their preservation. They ought not however to be 
 rented; for they may, at any time be reclaimed, by a Mili- 
 tary Officer. 
 
 Our advices from the Atlantic States speak of War. 
 Such an event is greatly to be deprecated ; but we have now 
 enjoyed a long and prosperous exemption from that deso- 
 lating scourge, and I believe we shall meet it as we would 
 any other unavoidable evil, with firmness. 
 
 It is an old remark, that 'Laws are silent amidst arms' — 
 and I am very sure that not only the Laws of Nations ; but 
 also the Laws of Eeason and Justice are trampled upon 
 and forgotten in the present European conflict. A new 
 code to regulate the intercourse of Nations must arise out 
 of the present chaos of ancient principles. 
 
 War will unite the American People; considerations of 
 
 26i Joseph Hunter. 
 
 262 John E. Hart was appointed sheriff of the District of New Madrid 
 on April 4, 1808. 
 
264 The Life and Papers of Frederick Bates. 
 
 minor import will be forgotten; ' choice spirits' will find 
 honorable employment and the energies of the country will 
 be combined for the maintenance of those glorious Pillars 
 of Justice and Law, raised by the toils and cemented by 
 the blood of Heroes. — 
 
 TO JOSHUA HUMPHREYS 
 
 St. Louis Jany 10. 1808 
 Sir, 
 
 Your letter of the 24th of Nov. last came duly to hand 
 with its accompanyments. 
 
 By same conveyance I also received the association for a 
 cavalry company, of which I am happy to find you have 
 been elected the captain. 
 
 My delay in putting this company in commission has 
 arisen from the want of arms and this will I am fearful be 
 an insuperable difficulty. Swords and Pistols cannot be 
 procured ; and to place men on horseback without the appro- 
 priate equipments would be totally to lose the services of 
 so many effective militia-men. 
 
 Government has already supplied us with 60 Pairs of 
 Pistols, and with as many Swords and I shall make an 
 effort to obtain an additional supply. If this object is 
 accomplished, your association shall not be forgotten. — 
 
 I enclose a commission for yourself and Obadiah Wood- 
 son Esquire as Commissioners of Rates and Levies. 
 
 Since the death of Colo. Waters I recollect no person 
 but yourself who is authorized to administer oaths of 
 office. — I have sent a Dedimus to Mr. Amoureux. 
 
The First Acting-Governorship. 265 
 
 TO ALBERT GALLATIN 
 
 St. Louis Jany 16. 1808 
 Sir, 
 
 As Mr. Harry 20a a merchant of this place will be at the 
 Treasury offices I take the liberty of saying that he is much 
 respected in Louisiana. 
 
 If you enquire of him with respect to the Public Affairs 
 in this quarter, I am persuaded that his informations may 
 be relied upon. 
 
 I was lately honored with your letter of the 13th of Novr. 
 last. — It contains intimations of the President's wishes, 
 rather than positive instructions and to these wishes I shall 
 as strictly conform as the nature of circumstances will 
 permit. 
 
 The Proprietors or rather the Intruders on the 'New 
 Diggings ' have not thought proper to take a Lease. 
 
 TO MERIWETHER LEWIS 
 
 St. Louis 16 January 1808. 
 Sir, 
 
 Amidst the disappointments which your absence occa- 
 sions, no one feels the want of your superintending pres- 
 ence so much as I do. Altho' my best judgments have been 
 continually exercised for the discharge of the arduous 
 duties of government, yet I feel that 'I am no atlas for so 
 great a weight' and that it will be impossible for Your 
 Proxy to diffuse the general satisfaction which the People 
 of this country expect from yourself. 
 
 263 Probably Jacob Harry. 
 
266 The Life and Papers of Frederick Bates. 
 
 We have long since received 500 stand of Arms, 60 Pairs 
 of Pistols & 60 Swords, in addition to which I am informed 
 by Capt. Bissell that several boxes have arrived at 
 Massac 204 and that several yet remain at Pittsburgh. 
 
 Major Delaunay the Adjutant General possesses a mili- 
 tary genius — and has exerted himself very monstrously 
 for the establishment of Military discipline in the Militia. 
 I lament very much our inability to reward these services. 
 There is indeed an inadequate compensation allowed him 
 by the law of the Territory, not one cent of which he has 
 yet received owing to the deranged state of our Revenues. 
 
 Would not Congress make some allowance? It was once 
 I am told, contemplated by Gov Harrison to ask for an 
 appropriation for this object but his government of the 
 district ceasing, the idea was not pursued. I do not pretend 
 to judge of the propriety of such an application; but the 
 Major's services have certainly contributed very much to 
 the formation of the Militia and they have not yet been 
 compensated. Excuse, I pray you this illegible writing — 
 I have a Bile 265 on my hand which makes the effort very 
 painful. 
 
 TO MERIWETHER LEWIS 
 Sir, St. Louis Jany 26. 1808. 
 
 Since I last had the honor of addressing you nothing of 
 any political moment has occurred. 
 
 The Territory is tranquil — No alarms agitate the fron- 
 
 264 Fort Massac was located on the Illinois side of the Ohio River 
 about twelve miles below the mouth of the Tennessee River. For an 
 excellent description, see Cuming, Sketches of a Tour of the Western 
 Country, in Early Western Travels, IV, 276-277. 
 
 265 Colloquial for boil. 
 
The First Acting-Governorship. 267 
 
 tiers, and civil discords have ceased to destroy the domestic 
 quiet of the People. — 
 
 It is now nearly a month since we had a mail and our 
 last advices from Washington are no later than the 30th 
 of November. 
 
 The apprehension of War has had considerable effects 
 on our trade — Peltry is received with very great reluc- 
 tance, and should commercial intercourse cease with great 
 Britain our traffic must be totally at an end. 
 
 As long as we are Indian Traders and Hunters our settle- 
 ments can never flourish, and for my own part I care not 
 how soon the savage is left to traverse in solitude his own 
 Desarts, until the approach of cultivation oblige him to 
 retreat into more gloomy recesses. — 
 
 I wish very much to hear the Fate of Mr. Rhea's reso- 
 lution 266 on the subject of Land. Should it pass into a Law 
 Orleans 267 & Louisiana would be immediately peopled by an 
 emigration from many quarters of the United States. I do 
 not pretend to decide on the policy of such a measure but 
 the great local benefit which it would confer on Louisiana, 
 cannot be doubted. 
 
 sen On January 19, 1807 Rhea of Tennessee introduced the following 
 resolution in the house of representatives: "Resolved: That a commit- 
 tee be appointed to inquire into the expediency of laying off and describ- 
 ing, by certain metes and boundaries, a tract of country, to which the 
 Indian title hath been extinguished, within the limits of the Territory of 
 Louisiana, and to include all the settlements within the said Territory, 
 and for having the said tracts of country laid off into townships and 
 sections, half and quarter sections, agreeably to the several laws hereto- 
 fore made for surveying the public lands of the United States; and also 
 to inquire into the expediency of granting one quarter section to every 
 
 free white male, who now resides thereon, or who within years shall 
 
 actually improve and reside thereon." Annals of Congress, 9 Cong., 2 
 Sess., 362. 
 
 267 Territory of Orleans. 
 
268 The Life and Papers of Frederick Bates. 
 
 The People some time ago convened in St. Louis, for the 
 purpose of addressing Congress. They are dissatisfied 
 with the present Laws for the investigation of Land claims. 
 To be tried by the Spanish laws and usages does not satisfy 
 them, and indeed they never will be content until Govern- 
 ment say to them i Claim what you please, and be confirmed 
 in all you claim.' Three cases containing your furniture 
 have arrived. They appear to be in good order. I have 
 stored them. 
 
 Several of your followers to the Pacific Ocean have, for 
 valuable considerations transferred the Land Warrants to 
 which they became entitled by an Act of the last Session. 268 
 
 The accompanying transcripts will shew the interest 
 which Messrs. Riddick & McNair 209 have acquired in the 
 warrants of Drulzard, Collins & Whitehouse. 270 I have 
 lately purchased of McNair his moiety of these warrants 
 and take the liberty of requesting that they may be retained 
 in your hands until a suitable opportunity presents, of 
 delivering them to Mr. Eiddick & myself. 
 
 Genl. Clark would have given them up last summer but 
 as the power of atto. was to yrself he did not conceive him- 
 
 268 On January 2, 1807 a resolution was adopted in the house of 
 representatives that a committee be appointed to determine what com- 
 pensation ought to be made to Lewis and Clark and their followers. On 
 March 3 an act was approved which directed the secretary of war to issue 
 land warrants to Lewis and Clark. Each was to receive sixteen hundred 
 acres, and each of their followers three hundred and twenty acres. The 
 lands were to be selected from public lands of the United States west of 
 the Mississippi River. The act also provided double pay for all during 
 the time of the exploration. Annals of Congress, 9 Cong., 2 Sess., 1278. 
 
 269 Thomas F. Riddick and Alexander McNair. 
 
 2to George Drulyard or Drouillard, John Collins, and Joseph White- 
 house, three of the Lewis and Clark party. For the list of those who 
 received land warrants, see American State Papers, Military Affairs, I, 
 209. 
 
The First Acting-Governorship. 269 
 
 self justified in acting under it. Yr. attention to these 
 matters will confer on me a particular favor. 
 
 TO THOMAS OLIVEE 
 
 St Louis 27 Jany 1808 
 Sir, 
 
 I was favored this morning with your letter of the 23d 
 and enclose you a copy of the Law concerning Insolvent 
 debtors. 271 Its mischiefs or its utilities are about to be 
 fairly tested in this District. The fraudulent as well as 
 the unfortunate debtor are claiming its privileges and I am 
 fearful that it is so loosely guarded in its provisions as to 
 be productive of some occasional injustice. The Gentle- 
 men of the Bar are impatient for its repeal. 
 
 At this time I have neither copies of the attachment 272 
 nor Probate Laws. 273 It is indeed my duty to promulgate 
 them ; but I have already made sufficient sacrifice, and until 
 funds are placed in my hands for this object the People 
 must continue to be bound by Laws, which they have not 
 had the opportunities of reading. 
 
 271 The act was passed on October 16, 1807. As compared with the 
 lot of a debtor elsewhere, he was fortunate in the Territory of Louisiana. 
 After his arrest the debtor under oath filed with a judge of the court 
 of common pleas and quarter sessions of the proper district an inventory 
 of all his earthly possessions. Section 6 read, "After delivering such 
 inventory, and taking such oath, the judge shall command the sheriff or 
 jailor forthwith to set the prisoner at liberty, and he shall never be 
 subject to arrest on account of such debts afterwards; but the creditor 
 may at any time sue out process to execution against the estate which 
 such insolvent person may thereafter acquire or be possessed of." Mo. 
 Territorial Laws, I, 181-182. 
 
 272 Act of July 3, 1807. Ibid., I, 145-150. 
 
 273 Act of July 4, 1807. Ibid., I, 126-139. 
 
270 The Life and Papers of Frederick Bates. 
 
 WILLIAM MATHERS TO BATES 
 
 Mine au Renaut Jan. 29th. 1808. 
 Deae Sir, 
 
 Your favour of the 7th Inst, came to hand yesterday, & 
 we note its contents. The alteration in the Lease is against 
 us, & the clause in it, prohibiting any interference with 
 private claims tho' very necessary, yet I confess we are 
 utterly unable to distinguish public from private claims 
 for since our establishment at this place there has several 
 claimants appeared After Harvey, Campbell, & Cheetham, 
 were ejected, Cheetham under the auspices of Smith, 
 Browne, & Co. has reentered the Land, on the 13th Inst. 
 Edward Cheetham came with Samuel Perry and surveyed 
 500 acres including all our diggings and advertised the 
 same signed John Smith T, & Joseph Browne. Cheetham 
 with a number of hands in the course of last summer dug 
 about IV2 or 2 miles round this place, under the silly cover 
 of occupying a little claim of Henry's 274 & Fenweek's 275 of 
 only four acres tho' it is well known that it is located at 
 
 274 Andrew Henry was born about 1775 in Fayette County, Pennsyl- 
 vania. He came to Louisiana in Spanish days. He lived for a while in 
 Ste. Genevieve and then settled in the mining district. He became known 
 as "Major Henry of the Mines." In 1808 he was one of the original 
 partners of the Missouri Fur Company. The following year the first 
 expedition sent out by the company met with disaster in the Blackfoot 
 country. Henry commanded the company's fort near the mouth of the 
 Three Forks, but in 1810 he abandoned this site and built a new fort on 
 Henry Fork of Snake River. In 1811 the fort was abandoned and Henry 
 returned to the mining country where he eventually became associated 
 with Ashley. 
 
 275 Walter Fenwick was born in 1755. He moved from Kentucky to 
 Upper Louisiana in 1797, where he became associated with Jean Baptiste 
 Labreche in a claim for 10,000 acres at Mine La Motte. In 1801 he 
 married Julia Valle. About the time of the cession he began the practice 
 
The First Acting-Governorship. 271 
 
 the Mine au Burton and we are informed that they do not 
 so much as intend to lay it before the Board of Commis- 
 sioners, but it serves as One Stratagem, among many 
 others, to favour a steady adherent to Smith & Co. it is a 
 fact that the best informed of them have taken up the 
 absurd Idea that when the[y] get possession the[y] can 
 keep it in Law ten years, and that the lead will support 
 the expence, and make them a fortune. 
 
 Major Hunt 276 has also produced Mons. Renaut's Grant 
 of Lead Mines Thus our situation has become very 
 unpleasant — We have agreed with that Gentleman Condi- 
 tionally in case He establishes His claim. 
 
 Dr. Browne came and threatened us & all our hands 
 with the severest prosecution if we did not give all the 
 mineral to Cheetham His agent and they have actually 
 built furnaces for the purpose, and have laid in a large 
 supply of provision and have six or seven Hands employed 
 cutting wood but finding us inflexible in maintaining what 
 we believe to be our right we are informed Smith will raise 
 a party and drive us off and seize our mineral Thus cir- 
 cumstanced we cannot well know how to act. It is in vain 
 for us to reason with such men, when we tell them that the 
 land is the property of the U. States. They answer that 
 you as Acting Governor of this Territory have no Authority 
 for letting any Land, and that the whole proceedings on 
 your part was a wanton piece of partiallity, & that the 
 
 of medicine at Ste. Genevieve. In 1806 he, with Andrew Henry, was 
 assigned the grant of Francois Azor dit Breton at Mine a Burton. In 
 1811 Fenwick was killed in a duel with Thomas T. Crittenden, a brother 
 of Senator J. J. Crittenden of Kentucky. 
 
 276 Governor Harrison appointed Seth Hunt commandant of the Ste. 
 Genevieve District in 1804. The following year Hunt purchased the grant 
 of Pierre Belote on Grand River. 
 
272 The Life and Papers of Frederick Bates. 
 
 Government is bound to sanction their claims & that if 
 there is any more valuable discoveries made they have 
 Concessions to cover them all — so that according to this 
 doctrine Government has no Right to any mineral Land in 
 this or any other part of Louisiana & consequently, will be 
 obliged to abandon every pretension to it — 
 
 We are in daily expectation of a visit from His High 
 Mightiness Colo. Smith and what the consequences will be 
 we cannot yet tell, but if such a Desperado will put so 
 ridiculous a threat into execution I think it is but reason- 
 able for him to meet a warm reception which is an event 
 we most cordially despise and wish to look to the Laws of 
 Our Country for the maintaining of Peace and Order in 
 Civil Society. Thus we have briefly given a Statement of 
 facts and cannot determine on any thing certain till we 
 hear from you. 
 
 TO HENRY DEARBORN 
 
 St. Louis Feby 3. 1808 
 Sir, 
 
 I had the honor of receiving by yesterdays mail your 
 letter of the 9th of Deer, last, in which you desire general 
 William Clark and myself to transmit you a full and candid 
 statement of facts in relation to the dispute between Mr. 
 Tillier & Mr. Sibley. 277 
 
 General Clark has not yet returned to Louisiana. On 
 his arrival, the enquiry and statement which you instruct 
 us to make, shall be forwarded without delay. 
 
 277 They were then stationed at Bellefontaine. 
 
The First Acting-Governorship. 273 
 
 TO MOSES AUSTIN 
 
 St. Louis Feby 7. 1808 
 Sir, 
 
 Mr. Carr, 278 a few days ago handed me your letters of 
 30th ulto. and 2d inst. 
 
 You speak of a road from the Mine A Breton to the 
 mouth of the Joachim 279 and solicit my permission to make 
 it at your own expense. It is a measure of such manifest 
 utility, that had I the power to do so, I should not hesitate 
 to give it my warmest support. It appears to be my duty 
 to prevent trespasses and intrusions of every kind upon 
 the Public Lands of the United States and altho the road 
 which you contemplate, is most clearly without the spirit 
 and meaning of the Laws on these subjects, yet as it 
 appears to be an actual breach of them, it is impossible 
 that I should give it a direct sanction. I make you how- 
 ever this assurance, that I will, by next mail, express to 
 government my private approbation of the project, and 
 that, until I receive orders on the subject, no prohibitory 
 measures shall be taken. 
 
 Your observations on the conduct of a justice of the 
 Peace of your township 2S0 shall not be forgotten. He 
 appears to have acted with much error, and perhaps pas- 
 sion; yet I have esteemed him an honest man, and can 
 scarcely imagine that he has been influenced by corrupt 
 
 278 William C. Carr. 
 
 279 i n 1798 Francois Wideman operated a ferry across the Mississippi 
 River at the mouth of the Joachim Creek where Herculaneum was sub- 
 sequently laid out. 
 
 280 John Perry was appointed justice of the peace for Breton township, 
 District of Ste. Genevieve, on October 1, 1807. 
 
274 The Life and Papers of Frederick Bates. 
 
 motives. He shall be admonished to pursue, in future, a 
 more cautious line of conduct. 
 
 TO WILLIAM MATHERS AND MICHAEL HART 
 
 St. Louis Feby 7. 1808. 
 Gent, 
 
 Your letter of 29 ulto. was handed me by Major Hunt. 
 It contains some very extraordinary informations. The 
 new and extravagent pretensions of Messrs. Smith & 
 Browne can not be permitted. The President has already 
 discovered great forbearance, and they appear willing to 
 construe his lenity into an indirect approbation of their 
 continued encroachments. 
 
 I was desirous of coming immediately to the Mines in 
 order to ascertain facts, and to restore, by decisive meas- 
 ures, that confidence in the government, which the People 
 in your part of the country appear to be losing: Circum- 
 stances for the present prevent me. — I shall not however 
 be unmindful of the critical situation in which you are 
 placed, and as soon as I have legal evidence of the fact, 
 Process will issue to do away those molestations of which 
 you complain, and to prevent a repetition of them. 
 
 No Surveys since the 4th of March last under whatever 
 authority, can come into collision with you; and I am not 
 aware of any claims, which can have an interference with 
 your Lease, unless it should be those of Messrs Fenwick & 
 Henry. If they, or those from whom they derive title, did 
 formerly make a location, it is to be expected that their 
 lands are so designated by established boundaries as to 
 preclude the possibility of misunderstandings. — 
 
The First Acting-Governorship. 275 
 
 Major Hunt's is an early claim and perhaps on inves- 
 tigation will be found to be a complete title : Yet it cannot 
 be surveyed until it acquires the sanction of government. 
 For that Gentleman, I have the sincerest respect, and I 
 am well persuaded, that his correct views of this subject 
 will prevent his attempting anything in violation of the 
 Laws. 
 
 SETH HUNT TO BATES 
 
 Saint Louis Feby. 7th. 1808 
 Sir, 
 
 Agreeably to your request of yesterday, I enclose for 
 your information and that of the Government of the U. 
 States, a Statement 281 of the facts on which I rely to 
 establish the Claim of Monsr Meyneaud & wife, to the four 
 several tracts of land in the Illinois — anciently Granted 
 to Monsr Renaut the Grandfather of Madm. Meyneaud — 
 By the Original Grant deposited in the Recorders Office at 
 Kaskaskia, a Certified Copy of which you have in your pos- 
 session and to which I beg leave to refer you — you will 
 observe that two of the tracts named in the Grant viz the 
 first and third are situate within this Territory — one on 
 the Little Maremec and the other on the Mine called La 
 Mothes Mine — both within the District of Saint Gene- 
 vieve. — 
 
 These Lands I claim in the name and on behalf of 
 Monsr Jean Baptiste Francois Meyneaud and Amelie 
 Josephe Renaut his Wife — in virtue of the Rights, Powers 
 and authorities vested in me, as their Assignee Agent & 
 Attorney — legally constituted and appointed — 
 
 -si See the following letter from Hunt to Bates of the same date. 
 
276 The Life and Papers of Frederick Bates. 
 
 SETH HUNT TO BATES 
 
 Saint Louis Feby. 7th 1808. 
 Sir, 
 
 On the 14th day of June 1723 Monsr Boisbriant 282 the 
 Governor and Monsr. Desursins 283 the Intendant of Lands 
 for the Illinois Country — Granted in fee simple ("en 
 franc a lien") unto Monsr Renaut 284 then director of the 
 Illinois — four several tracts of land situate within the 
 said Illinois Country — as fully appears by the original 
 Grant in the Office of the Recorder of Lands for the County 
 of Randolph, kept at Kaskaskia in the Indiana Territory. — 
 
 These Lands Mr. Renaut, inhabited, cultivated or other- 
 wise improved for more than 20 years — during which time 
 he sold a part of the Tract situate on the Mississippi near 
 to Fort Chartres — to sundry Individuals, who established 
 themselves thereon and called the place St. Phillips — the 
 rights and titles of those persons (derived from Mr. 
 Renaut), their heirs or assignees — have been recognised 
 and confirmed by the Commissioners established at Kas- 
 kaskia 285 for the Investigation of land Claims within the 
 District of Kaskaskia. — 
 
 282 Pierre Duque, Sieur de Boisbriant, was appointed commandant of 
 the Illinois in 1718. "In 1719 the mining operations, which Boisbriant 
 had been especially ordered to promote, began with vigor." Alvord, The 
 Illinois Country, 1673-1818, pp. 152-154. 
 
 283 Marc Antoine de la Loere des Ursins. 
 
 284 Philippe Francois Renault, a Parisian banker, was appointed 
 director-general of mines for the Royal Company of the Indies. He 
 arrived in the Illinois Country in 1720. He received several large land 
 grants and engaged extensively in mining until 1742 when he returned 
 to France. In 1812 the land commissioners rejected the claims of those 
 who professed to be the heirs of Renault. 
 
 285 Michael Jones and Elijah Backus. 
 
The First Acting-Governorship. 277 
 
 About the year 1742 Mr. Renaut returned to France — 
 He died at Santin the 25th April 1755 — aged 72 years and 
 one month — and in the Eecord of his Death — (of which 
 I have the Extract, duly authenticated) he is styled "ancien 
 directeur aux Illinois." — Monsr Renaut left his oldest son 
 Phillipe Francois Celestan Renaut, his heir. This last 
 died in 1768 having only one child — viz Amilie Josephe 
 Renaut — the wife of Jean Baptiste Francois Meyneaud — 
 who is among the most distinguished Citizens of France — 
 Madame Meyneaud is alive — as is also her Mother — the 
 Widow of Phillipe F. C. Renaut — she most perfectly recol- 
 lects Mr. Renaut — I have with me the original Letters 
 and other writings of Monsr. Renaut written while in this 
 Country and on his way here — I have compared them with 
 the several Deeds of Conveyance and other instruments of 
 writing executed by M. Renaut and now on file in the 
 Recorders Office at Kaskaskia and find an exact resem- 
 blance — I have also all the necessary Documents to estab- 
 lish the identity of the person of M. Renaut and the lineal 
 descent of Madm. Meyneaud his Granddaughter. These 
 Documents are duly Certified by the Public Authorities of 
 France & Legalised by The Consul General of the U. States 
 at Paris — 
 
 TO SETH HUNT 
 
 St. Louis Feby 7. 1808. 
 Sir, 
 
 The statement which you have been so so good as to 
 furnish me of your titles to certain Lands in the Indiana 
 and Louisiana Territories will be transmitted to Mr. Gal- 
 
278 The Life and Papers of Frederick Bates, 
 
 latin, either by myself or by Mr. Carr, whose duty it 
 appears more especially to be to investigate claims embrac- 
 ing Lead Mines. 
 
 My object in our conversation of yesterday was not so 
 much to obtain those details with wch. you have so oblig- 
 ingly supplied me, as to bring under the view of the Gov- 
 ernment, that Protest which you think yourself justified 
 in making, against the present system of waste and dis- 
 order — and against that Proprietorship which, on behalf 
 of the U. S. I must continue to exercise until otherwise 
 instructed. The Principal object in leasing these mines 
 was to gain an amicable possession. These hopes have 
 been in a great degree disappointed, and Government will, 
 I am very sure, be obliged to pursue a more energetic 
 course — At any rate, unless they establish furnaces of 
 their own my advice to Mr. Gallatin will be to discontinue 
 the project of Leases. 
 
 TO JOHN PERRY 
 
 St. Louis Feby 8. 1808 
 Sir, 
 
 I am about to remonstrate with you as with a friend, in 
 whose upright intentions I have great confidence. If, in 
 that character, I make observations which are painful to 
 your feelings, I beg you to place it to the account of my 
 desire to render you service, and by no means impute it 
 to a wish on my part to pass a censure on your conduct. 
 Charges have, at various times been exhibited against you 
 by the Inhabitants of your township for alledged irregular- 
 
The First Acting-Governorship. 279 
 
 ities in the transaction of your business as a Justice of the 
 Peace. 
 
 It is unnecessary for me to recapitulate those charges, 
 as I am very certain, that if true they have arisen from 
 accidental inadvertence rather than from a disposition to 
 injure and oppress. 
 
 The angry and vindictive passions have so long imbit- 
 tered the social intercourse and preyed on the domestic 
 quiet of your Village that it has become perhaps impossible 
 to escape that censure which is equally the lot of every 
 man who has the least intercourse with his neighbours. 
 
 I do not wish to prescribe to you duties which arise out 
 of the Laws; it is your Province to expound those Laws, 
 and indeed you are under a sacred obligation to do so. 
 But permit me to advise a reflection, a Method a Correct- 
 ness in whatever public business you transact And above 
 all, let me entreat you not to decide on cases, in which 
 either yourself or your near Relations have an interest: 
 for on such occasions however blameless and irreproach- 
 able your conduct may be, it will afford matter of distrust 
 and perhaps of misrepresentation. 
 
 I do not ask an explanation of what is past. The Law 286 
 under which you are acting is complex and difficult to be 
 accurately retained in memory. I beg you then to read 
 it with attention, and your love of justice, will, I am very 
 sure, enable you to execute it with honor to yourself, and 
 for the general good of the township. If the business 
 should require the appointment of another Justice, a com- 
 mission shall be transmitted to some gentleman in whom 
 the People have confidence. 
 
 286 For laws concerning justices of the peace, see Mo. Territorial Laws, 
 I, 143, 167, 171-178. 
 
280 The Life and Papers of Frederick Bates. 
 
 TO ALBERT GALLATIN 
 Sm St. Louis Feby 9. 1808 
 
 I have the honor to enclose copies of sundry Papers in 
 relation to the Lead Mines. The Claims of Major Seth 
 Hunt have excited much alarm among those Persons inter- 
 ested in similar speculations, and a general curiosity among 
 all descriptions of People. 
 
 Authenticated transcripts of the Records on wch. his 
 pretension are founded, have been obtained from the 
 Offices at Kaskaskia. Mr. Carr, who is now investigating 
 them will, he tells me, lay the results of his enquiries 
 before you. The grant locates these lands; but it is said, 
 that they have never been surveyed, without which I pre- 
 sume, the title cannot be complete. But even admitting it 
 to be so, there are points upon which it is not my province 
 to decide; and until it be recognized by the proper 
 authority, I shall deem it my duty to prevent the survey, 
 and if an establishment should be attempted, to consider 
 both Major Hunt and his Tenants as Intruders. — 
 
 This, however I do not apprehend; for I have his prom- 
 ises to do nothing in violation of, or in opposition to the 
 Laws. — 
 
 The Letter of Colo. Mathers will give you some idea 
 of the arrogant views of Colo. Smith, and the rapacious 
 extremes into which he is hurried by that Mineral-Mania, 
 which appears totally to have disordered the understand- 
 ings of his faction. If the extraordinary grant of which 
 he has possessed himself did, contrary to all just reasoning 
 on the subject, justify him in surveying vacant lands, 
 surely it vests him with no power to interfere with the 
 public establishments of the U. States. 
 
The First Acting-Governorship. 281 
 
 The present method of mining is improvident and 
 wasteful. The diggings are seldom more than 20 feet deep ; 
 the earth is thrown confusedly on the adjacent surface, and 
 future, regular operations will be greatly impeded by that 
 haste and wantonness apparent in the conduct of the 
 present intruders. 
 
 Those at first desirous of taking leases and making an 
 amicable compromise with the government have been 
 deterred from doing so, and I am entirely convinced that 
 nothing can be done except by strong and forcible measures. 
 
 I have also to enclose the copy of a writ for the removal 
 of John Harvey. 287 He had information of the Process 
 and removed from the Premises before the arrival of the 
 Sheriff. 
 
 I beg your attention to a correspondence with Moses 
 Austin, in relation to a road, thro' the public lands from 
 Mine A Breton to the mouth of the Joachim. A better 
 road can be made thro ' that part of the country, and nearer 
 by twenty five miles than in any other direction. St. Gene- 
 vieve has heretofore been the Depot for lead. The contem- 
 plated village of Herculaneum at the mouth of the Joachim 
 will, I think be preferable in many respects. The facility 
 of communication with the grand River which this High- 
 way would afford, is conjectured to be a secondary object; 
 the first, I have no doubt is the establishment of a new 
 town by which a great deal of expensive transportation 
 will be saved. 
 
 The Banks of the Mississippi are generally insecure, 
 and the village of St. Genevieve has retired at least 1% 
 
 287 John Harvey was a resident at Bayou St. John near New Madrid 
 as early as 1792. He was an extensive land holder, possessing a large 
 frontage on the Bayou and the Mississippi River. 
 
282 The Life and Papers of Frederick Bates. 
 
 miles to avoid the inundation of the Spring-Freshet. The 
 situation of Herculaneum is more elevated, and occupies 
 the intermediate space between two rocky Promontories 
 which will forever prevent a waste of the Banks. 
 
 The People some time ago had a meeting for the purpose 
 of addressing government on the subject of their lands. 
 They agreed on a memorial, the particular objects of which 
 have been concealed from those concerned in the adjustment 
 of Titles. — I only hear that they complain of my with- 
 holding their Papers. As I have on this, as well as on 
 some other subjects been mentioned with injurious harsh- 
 ness, I beg leave merely to observe, that it appears to be 
 my duty by the Law to lay the claims before the Board of 
 Commissioners. — The original evidences no doubt. — 
 
 If, after recording the Papers, I am to restore them to 
 the parties, and present my volumes of Eecords only to the 
 Board, the Agent could not so readily as under the existing 
 arrangement detect fraud and antedate. For instance, a 
 concession at this day, made use of, to cover a valuable 
 saline, is erased, interlined, and altered in all its charac- 
 teristic features: The name, the date, the locality and the 
 number of acres have all been changed to promote the 
 views of the present holder. 
 
 Messrs. Lucas & Penrose approve the course which I 
 have adopted. — 
 
 We have yet made no decisions. Our time has been 
 perhaps better employed in collecting testimony and set- 
 tling principles : The Application of those principles to 
 particular cases, when all the evidences are before us, will 
 be easy and expeditious. 
 
 Thos. F. Eiddick Esq is now the Clerk of our Board. 
 He is acknowledged to possess intelligence, promptitude 
 
The First Acting-Governor ship. 283 
 
 & correctness, and is I have no doubt, in all respects well 
 qualified to discharge the duties of the office. 
 
 TO ALBERT GALLATIN 
 
 St. Louis 12 Feby 1808 
 Sir, 
 
 I have this day taken the liberty to draw on your depart- 
 ment, in favor of Messrs. Falconer & Comegys, at five days 
 sight for the sum of One thousand and forty eight dollars 
 in full for my salary and travelling expenses as a Com- 
 missioner for the adjustment of titles and claims to lands 
 in the territory of Louisiana from the 1st day of July till 
 31st Deer 1807. 
 
 Two circuits were made during this period to and from 
 St. Charles, forty two miles; to and from St. Genevieve, 
 one hundred and twenty miles ; — which as well as my 
 attendance at the Board, is evidenced by the enclosed cer- 
 tificate of Messrs. Lucas & Penrose. 
 
 TO HENRY DEARBORN 
 
 St. Louis Feby 13. 1808 
 Sir, 
 
 As the mail is just closing, and I cannot sooner than two 
 weeks have the honor of communicating certain informa- 
 tions from the upper Country I beg leave hastily to repeat 
 the rumours which have just reached us. — The united 
 tribes of Sacs and Foxes have lately suffered a defeat by 
 the Ottos, Mahas 2S8 and Sieux. — Two Lodges of the Sacs & 
 
 sss Omahas. 
 
284 The Life and Papers of Frederick Bates. 
 
 eight of the Foxes, were attacked early in last month unex- 
 pectedly, and, as it is said, after they had exchanged their 
 guns for horses. 
 
 What was the motive for this unusual and extraordinary 
 exchange, I am at a loss to conjecture unless they contem- 
 plated a journey to the Lakes, where they would be again 
 supplied with fire arms. 
 
 Eeport says that men, women and children, were indis- 
 criminately massacred, and that but eight Foxes, and a 
 very few of the Sacs escaped by flight. 
 
 Three chiefs, the mournful Messengers of this Calamity 
 have just arrived — They have only been spoken with gen- 
 erally & have not disclosed particulars. — 
 
 JOHN SMITH T TO BATES 
 
 Cannon Mines 14th Feby 1808. 
 
 Sip, 
 
 Hart and Mathers under the lease from you have taken 
 possession of my land at Mine A Renalt which ground I 
 occupied in the year 1806. As the lease particularly ecepts 
 to inteferences with individual claims and as you have 
 given instructions to them concerning the claim of Mr. A 
 Henry will it not equally comport with your duty [as] a 
 public officer to direct as respects mine — It will be truly 
 vexatious to go to law with Hart and Mathers & their asso- 
 ciates who are poor indeed from whom in case of damages 
 compensation cannot be had 
 
 I here with inclose you a deposition which will prove to 
 you that under you those men mean to cover themselves 
 befriend Hunt and perplex me. You have recorded on your 
 
The First Acting-Governorship. 285 
 
 books the Grants to Capt. St. Vrain under which the title 
 accrued to me. The man who gets property by fair pur- 
 chase and payment ought to be as much intitled to public 
 protection as the squatter on he knows not whose — If 
 after having purchased I have to contend with all the 
 dificulties the administration can throw in my way, I must 
 regret my misfortune of living under a Territorial Gover- 
 ment where unheard I am censured and untryed found 
 guilty. . . . 
 
 P. S. You will oblige me to give me an answer to this 
 as soon as mav be convenient. 
 
 DEPOSITION OF RICHARD HORN 
 
 Teekitory of Louisiana 
 
 At the request of William Mathers and Michael Hart 
 personally appeared before me James Austin a Justice of 
 the peace for the Township of Breton District of St Gene- 
 vieve Richard Horn and maketh oath deposeth and saith 
 that sometime in the Month of January this deponent 
 assisted Mr Edward Cheatham Samuel Perry and Mr 
 Vaughan 289 to survey 500 Acres of land for Col John Smith 
 T. and Joseph Brown situated on and including the Mine 
 called Renaut on which Mesr Mathers and Hart reside and 
 the said Edward Cheatham did with an ax mark the corner 
 trees of said survey by blazing them in the same way as 
 trees are generally blazed 
 
 This deponent further saith that he assisted Edward 
 Cheatham in the Month of December or Jany last to erect 
 
 289 Probably Thomas Vaughan. 
 
286 The Life and Papers of Frederick Bates. 
 
 the Cabin in which he the said Cheatham now lives near 
 the Mine Renaut that since that time the said Cheatham 
 and his partner Mr Vaughan by themselves or their hands 
 have continued to dig and smelt lead Mineral — and this 
 Deponent also states that he saw a notification put up by 
 the said Edward Cheatham which the said Cheatham said 
 was put up by the order of Col John Smith T. and the 
 sd. Cheatham said that he settled under Col John Smith. 
 And this deponent further states that about the first of the 
 present February he saw Edward Cheatham go with a Cart 
 to take away mineral dug by Robert Wilcum on the digings 
 occupied by Messrs Mathers and Hart the said Cheatham 
 went with the cart at the request of the said Wilcum — 
 Cheatham said he would take away the Mineral upon which 
 Mr Hart said he did it at his peril, for if he took the 
 Mineral away there would be some blood spilt upon which 
 Mr Cheatham replied he could spill as much blood as any 
 man — And this deponent further states that he has since 
 heard the said Cheatham say that he would take the min- 
 eral dug within the land surveyed for Doct Browne and 
 Col Smith by the hands of Messrs Mathers and Hart — 
 And this deponent further states that he heard Col John 
 Smith T. declare that he would take all the mineral above 
 the Ground at the Mine of Renaut. — further this Deponent 
 saith not 
 
 his 
 Test David Smith Richard Horn 
 
 Mark 
 
 Sworn to before me this 16th Day of February 1808 
 
 James Austin J. P. 
 
The First Acting-Governorship. 287 
 
 DEPOSITION OF DAVID SMITH 
 
 Territory of Louisiana 
 
 At the request of William Mathers and Michael Hart 
 personally appeared before me James Austin a Justice of 
 the peace for the Township of Breton District of St Gene- 
 vieve David Smith who lives at the Mine of Renault and 
 made oath and deposeth that some time in the Month of 
 January last past he saw Edward Cheatham with two other 
 persons, one of whom he has since understood was a Mr 
 Vaughn surveying round the place called the Mine of 
 Renault the said Cheatham carrying something in his hand 
 by which as this deponent then believed to ascertain the 
 cources, and the other two persons carrying the chain and 
 appeared to be measuring as they went 
 
 This deponent also states on oath that on the day of 
 this survey, the said Edward Cheatham put up on a stump 
 oposite the Cabin in which Messrs Mathers and Hart 
 reside a notification signed by Joseph Brown & John Smith 
 T stating that they had an indesputed title to five hundred 
 acres of Land adjacent to and including a Cabin occupied 
 by the said Edward Cheatham and forewarning all persons 
 from tresspassing on said premises as they would be prose- 
 cuted 
 
 This deponent also states that since the fourth day of 
 March 1807 & as well as this deponent recollects in the 
 Month of January last past Edward Cheatham erected a 
 Cabin on or near to the Mine called the Mine of Renault 
 in which he now resides and since that time by himself or 
 his hands hac continued to dig & smelt mineral within the 
 
288 The Life and Papers of Frederick Bates. 
 
 aforementioned bounds surveyed by the said Cheatham and 
 others & further this Deponent saith not. 
 
 David Smith 
 
 Sworn to before me this 16th Day of February 1808 
 
 James Austin J. P. 
 
 DEPOSITION OF CHRISTOPHER NEWCOMER 
 
 Territory of Louisiana 
 
 At the Request of William Mathers and Michael Hart — 
 Personally appeared before me James Austin a Justice 
 of the Peace for the Township of Breton District of Saint 
 Genevieve Christopher Newcomer living at the Mine 
 Renaut and makes Oath and deposeth that about the 
 Middle of Jany he saw Edward Cheetham & two other 
 persons going along near to the digings at Mine Renaut 
 appearing to be surveying and soon after on the same day 
 he saw a notification posted up on the stump of a tree 
 signed by John Smith T. and Joseph Browne dated as well 
 as he can recollect on the 13th day of Jany 1808 fore- 
 warning all persons from tresspassing on the 500 acres of 
 Land at Mine Renaut to which they had a title. 
 
 And this deponent further states that he saw Edward 
 Cheetham accompanying Robert Wilkham who came with 
 a cart to take away the Mineral dug by the said Wilkham 
 at the digings, occupied by Col. Mathers & Esqr Hart. 
 Wilkham and Smith who dug Mineral in partnership were 
 disputing about the Mineral. Mr Hart forbid Wilkham 
 to remove the Mineral from his ground. Mr Cheetham said 
 he would be damned if he did not take it & see who would 
 
The First Acting-Governorship. 289 
 
 prevent him. Mr. Hart replied, if he did take it there 
 should be some human blood spilt. Cheetham said he could 
 spill as much blood as any man. After some high words 
 Cheetham ordered the cart away without taking the Min- 
 eral. & further this deponent saith not. 
 
 Christopher Newcomer 
 
 Sworn to before me this 16th day of February 1808 
 
 James Austin J. P. 
 
 DEPOSITION OF WILLIAM R. BECKETT 
 
 Territory of Louisiana 
 
 At the Request of William Mathers & Michael Hart — 
 Personally appeared before me James Austin a Justice 
 of the Peace for the Township of Breton, District of St. 
 Genevieve William Beckett living at the Mine Eenaut & 
 maketh oath & deposeth — That on or about the middle of 
 January last past he saw Edward Cheetham, Mr. Vaughn 
 and Eichard Horn surveying land above the digings of 
 Mesr Mathers & Hart about a quater of a mile from the 
 cabin occupied by them at the Mine Renaut he plainly saw 
 them with the chain and tally Rods and they continued 
 surveying from the place where they appeared to make 
 one of the corners, nearly a west course and run in sight 
 of this Deponent about forty or fifty Rods. 
 
 This deponent also testifies, That on the same day of 
 the survey, he saw and read a notification Posted up [on] 
 a Stump near to the Cabin occupied by Mesr Mathers and 
 Hart signed by John Smith T. & Doctr Browne forewarning 
 all persons from trespassing on the 500 acres of land, 
 
290 The Life and Papers of Frederick Bates, 
 
 adjoining & including the Cabin occupied by Edward 
 Cheetham at the Mine Eenaut to which they had an 
 undoubted or undisputed title or they would be prose- 
 cuted. — 
 
 This deponent further states that he was present when 
 Mr Edward Cheetham followed a Cart to take away the 
 
 "X. 
 
 mineral dug by Robert Wilkham & Hanks 290 at the Digings 
 occupied by Mesr Mathers & Hart at the Mine Renaut — 
 some dispute arose between Smith & Wilkham concerning 
 the Mineral. Mr Hart replied that the Mineral could not 
 be removed or taken from the Land even if there was no 
 dispute between them that he had a lease of the Land from 
 the Government and that he was accountable to the Gov- 
 ernor for the Mineral mined and he would not suffer it to 
 be taken away. Mr Cheetham said he would take it away 
 and see who would hinder him. Mr Hart said if he took 
 the Mineral off, it would be at the expense of human blood. 
 Cheetham replied he would spill as much blood as any 
 man — much conversation took place during which Cheet- 
 ham observed that he had liberty from Col Smith to dig at 
 any place within his 500 acres at Mine Renaut & to smelt 
 the Mineral & that he was welcome to all the profit — this 
 dispute took place between the 20th or 30th of January 
 past as nearly as this deponent recollects and further this 
 deponent saith not. 
 
 Wm R Beckett 
 
 Sworn to before me this 16th Day of February, 1808 
 
 James Austin J. P. 
 
 ~'->o Joseph Hanks, purser of the Mounted Riflemen, during the War 
 of 1812. 
 
The First Acting-Governorship. 291 
 
 DEPOSITION OF JOSEPH A. PARSONS 
 
 Territory of Louisiana 
 
 At the request of William Mathers and Michael Hart — 
 Personally appeared before me James Austin a Justice 
 of the peace for the Township of Breton District of Saint 
 Genevieve Joseph Parsons, who lives at the Mine Eenaut 
 and made oath and deposeth that on or about the 13th day 
 of Jany last past, he saw Samuel Perry near to the Cabin 
 occupied by Messrs. Mathers & Hart, with a Compass 
 under his left arm accompanied by Mr. Edward Cheetham, 
 Mr Vaughn and one other person (one of them carrying 
 an axe) and appeared to have been surveying land, & this 
 deponent soon after coming near to the Cabin of Mesr 
 Mathers & Hart saw a notification posted up on the Stump 
 of a Tree, signed by John Smith T. and Joseph Browne, 
 bearing date the 13th of Jany 1808, stating that they had 
 an undoubted title to 500 acres of land at Mine Eenaut, 
 near to and including a Cabin occupied by Edward Cheet- 
 ham forewarning all persons from trespassing on the 
 same or they would be prosecuted — 
 
 And this Deponent further saith that he saw Edwd Cheet- 
 ham following a Cart to take away the mineral dug by 
 Eobt Wilkham at the Mine Eenaut on land occupied by 
 Mesr Mathers & Hart under a Lease from the Government. 
 Mr. Hart forbid Wilkham removing the mineral. Mr. 
 Cheetham observed he would remove it and see who would 
 prevent him. Mr Hart replied he had better not attempt 
 it — it was his property — and if he did remove it it would 
 be at the loss of Human blood. Cheetham replied that he 
 could spill as much blood as any man — at this time Cheet- 
 ham said he had leave from Col Smith to dig and smelt 
 
292 The Life and Papers of Frederick Bates. 
 
 mineral at any place within his 500 acres at Mine Renaut 
 and that he was welcome to all the profit. — 
 
 And this deponent further states that he heard Edward 
 Cheetham say that the first diging which he made at Mine 
 Kenaut, was during last Summer — & he further states that 
 it was between the 4th & 15th of January last past that the 
 said Edwd Cheetham erected the Cabin at Mine Eenaut in 
 which he is now living & further this deponent saith not — • 
 
 Jos. A Parsons 
 Sworn to before me this 16th Day of February 1808 
 
 James Austin. J. P. 
 
 DEPOSITION OF SETH HUNT 
 
 Territory of Louisiana 
 
 Personally appeared before me James Austin a Justice 
 of the Peace for the Township of Breton District of Saint 
 Genevieve Major Seth Hunt at present at Mine a Burton 
 who being duly sworn deposeth and saith that on the 18th 
 or 19th day of last month he was at the new discovered 
 mine, called Smith's mine — situate about 3 miles northerly 
 from The Old Mines and about one mile East from the 
 Creek now called the Old Mine Fork where he saw the two 
 Spencers 291 & several other persons diging mineral, under 
 permission as they stated from Col John Smith T. who 
 they said had a claim thereto — which place and mine this 
 Deponent was informed and verily believes was first dis- 
 covered and opened during the last Summer by Joseph 
 Brewer — since which time, it has been claimed and taken 
 possession of by the said John Smith T. or by some person 
 
 29i Probably Benjamin and Thomas Spencer, early settlers on the 
 Grand Glaise. 
 
The First Acting-Governorship. 293 
 
 or persons under his direction & authority in violation of 
 the posative prohibition of a Law of Congress to the con- 
 trary. 
 
 And this deponent further declares and verily believes 
 that some time since the 15th day of Jany last past John 
 Smith T. has given possession of this Mine a Robina unto 
 Wm Hinkston 292 by a Lease in which, the said Hinkston has 
 declared that the said Smith has bound himself to warrant 
 & defend him in possession against the claims of all per- 
 sons whatsoever, the Government of the U. States not 
 excepted — for four years, from and after the month of 
 January past — & this deponent has heard and verily 
 believes, that the said Wm Hinkston is now in possession 
 & that he has had hands on the said Mine of Robina diging 
 Mineral in violation of Law — 
 
 And this deponent has heard and verily believes that 
 Robt S. Browne, has lately taken possession of land on 
 which there is Mineral and that he is now erecting a house 
 in which he intends to reside in violation of law & in con- 
 tempt of the public authority of the Territory — 
 
 Seth Hunt (Seal) 
 Sworn to this 17th day of February 1808 Before me. — 
 
 James Austin J. P. 
 
 WILLIAM MATHERS TO BATES 
 Deak Sir Mine a Renaut Feb y 17tn 1808 
 
 We received your favour, of the 7th Inst, by Major Hunt, 
 since our last, Edward Cheetham with a party of four men, 
 
 292 He had a Spanish grant in the uplands near Brazeau Creek in 
 modern Perry County. 
 
294 The Life and Papers of Frederick Bates. 
 
 sweetly armed, with Knives, Dirks, & Pistols, came to our 
 diggings with a Cart to carry off the mineral Dug by a 
 certain Wilcom. . . , 293 but the want of force pre- 
 vented his seizing & taking it, being chagrined & disap- 
 pointed for having to take back his Cart empty. He went 
 immediately for Colo. John Smith who came with a Noted 
 Desperado His intimate friend & companion in all haz- 
 ardous enterprises they passed by our Cabbin about 7, or 
 8, O'Clock at Night but did not molest us perhaps for fear 
 of a superior force but the same night He went to the 
 Mine a Burton & the New diggings as Cheetham's Men 
 told Ours, to Collect a larger Party to drive or kill us, 
 and take our Mineral, being alarmed for our lives and 
 property we instantly went and collected what Arms we 
 could, for our protection, But the intelligence of our prep- 
 arations, probably detered them, from puting their threats 
 into execution. We have thought it our duty as Men and 
 as Citizens who wishes to respect the laws of Our Country 
 to take the Deposition of five of the men who have been at 
 work at our diggings which we herewith transmit for your 
 further information on the subject, we might have proved 
 much more but few Men are willing to volunteer in such 
 matters, without compulsory process, but it may be, what 
 We have proved, will be sufficient grounds to shew the 
 licentiousness of certain Characters in our part of the 
 country by whom we have been so much pestered and in- 
 terupted in a variety of ways that we have not been able to 
 attend to our necessary business, but we rest satisfied with 
 the Idea of the Timely interference of the Government of 
 the Territory — 
 
 293 The manuscript is mutilated here. 
 
The First Acting-Governorship. 295 
 
 SETH HUNT TO BATES 
 
 Mine a Burton 18th Feby 1808 
 Sir, 
 
 In consequence of the several conversations that I had 
 with you while at Saint Louis and the Respect which I owe 
 to the Constituted Authorities of the Country, as well as 
 the great Interest that I feel in having the Laws (relative 
 to the public Lands) preserved inviolate — I have felt it 
 incumbent on me to present to your Notice, some of the 
 tresspasses that have recently been committed on what 
 may yet be considered by the Government as the Publick 
 Land & Lead Mines — I have therefore inclosed my 
 affidavit, containing a statement of some facts which have 
 come to my knowledge supposing that they will be suffi- 
 cient, together with the facts already communicated by 
 Messrs Mathers & Hart, on which to ground an enquiry, 
 remarking in addition thereto that many settlements are 
 now daily making in various quaters of this district, par- 
 ticularly on the waters of Grand River & in the Neighbor- 
 hood of the Mines — These are made in violation of Law 
 and in open defiance and contempt of the public author- 
 ities — whom they view as either unable or fearful of 
 enforcing the Laws — 
 
 Some of the Individuals who have committed these 
 unlawful acts, have been stimulated thereto by the prom- 
 ises of protection, which they have received from John 
 Smith T. and Joseph Browne — while others have been led 
 on by the expectation, that the Resolutions of Mr. Rhea of 
 Tennessee will be adopted by Congress — and in antici- 
 pation of that event, several Individuals have within these 
 few days past seized on some of the best Land in the Dis- 
 
296 The Life and Papers of Frederick Bates. 
 
 trict, at a place called Newfoundland — persuading them- 
 selves that they will be eventually confirmed to them — 
 
 If these and other similar acts are countenanced or their 
 authors suffered to proceed with impunity — in twelve 
 Months, there will not be a valuable Tract of Land within 
 the settled parts of this District unoccupied. — 
 
 This is a subject of great and serious importance, in 
 which the Rights and Interests of Individuals, as well as 
 the Government are deeply involved — it is a subject, that 
 merits the strictest investigation — it is expected and 
 solicited by the quiet and sober part of the Citizens and 
 will I flatter myself be had — At all events, I have dis- 
 charged the duty which I owe to the Government and its 
 Agents — it now remains for them to take such Measures, 
 as will correct the evils already experienced and prevent 
 in future, the unlawful waste and destruction of both public 
 and private property. — 
 
 I beg you to be assured of my determination faithfully 
 and rigidly to observe the Laws and in all things to con- 
 form myself to the established regulations of the Govern- 
 ment, on whose justice and good faith I most confidently 
 rely for the establishment of my just Rights — 
 
 Accept my sincere wishes for the preservation of Peace, 
 Good Order and Tranquility in the Territory. . . . 
 
 DEPOSITION OF CHRISTY ROMIN 
 
 Burton Township 19th Feby 1808 
 
 Personally Came before me a Justice of the peace for scl 
 Township. Christy Romine 294 and was sworn according to 
 
 294 in 1798 Romin was a settler on Mill Creek in the District of St. 
 Charles. 
 
The First Acting-Governorship. 297 
 
 law. Saith that he happened in Conversation with Col. 
 Mathers and he told him that he was better pleased with 
 the terms of Mr Hunt than that he held under the public 
 and that he had got it from Mr Hunt for the term of three 
 years and at the expiration of that time had the promise 
 of it for any term of years he wished to retain it the above 
 Conversation was with respect to the place Col. Mathers 
 now lives on 
 
 Christy Romin 
 Sworn before me the day aforesaid. 
 
 John Perry 
 
 BATES TO GEORGE HOFFMAN 
 rj R glB St. Louis 23 Feby 1808 
 
 Yes the union of the Traders in the upper Country, was 
 long since known to us. The individual opposition which 
 formerly existed would have made bankrupts of all of them. 
 They will now leave nothing unattempted. The union of 
 Capital and of Counsels will enable them to act with much 
 more efficiency. 
 
 Mr Aird 295 is spoken of here, as concerned in this Cana- 
 dian Company. His Oath however, a copy of which I send 
 you puts a very solemn negative on these assertions. It 
 is probable that he will be questioned, on his return. 
 
 I am sorry to hear of the diminution of your emoluments. 
 Standing as you do, on very high ground at Washington, 
 it would not be difficult I should think for you to make an 
 advantageous exchange. I fear you made a sacrifice in 
 going to Detroit, and perhaps afterwards in leaving it. 
 
 29 5 James Aird. 
 
298 The Life and Papers of Frederick Bates. 
 
 Your friend Campbell has been appointed an Indian 
 Agent. He is now on his way to this place with Gov Lewis, 
 and will, it is probable ascend the Mississippi with the first 
 navigation. . . . 
 
 I lately saw your old acquaintance Wm. Rector. 296 He & 
 several of his brothers are now surveying the Lands in the 
 Indiana Territory adjacent to this place. Thos. F. Rid- 
 dick, once I believe known to you at Chilicothe has for some 
 years resided in St. Louis. He was an active opponent of 
 the measures of Gov Wilkinson & deprived of his office 
 of Clk of the Com Pleas & to which he has been lately 
 restored. We have also appointed him Clk of the Board 
 of Corns. I know few men of sounder understanding. 
 
 Judge Meigs 297 has I find been declared inegible to the 
 Govt of Ohio. Will he not probably resign his office in 
 Michigan? 
 
 to william Mcdowell scott 298 
 
 Dr gm St. Louis Feby 23. 1808 
 
 The return of Mr. La Croix enables me to thank you for 
 your friendly communication from Chicago. I should 
 before have done so had not the extreme irregularity of 
 
 296 William Rector was born in Farquier County, Virginia. He was 
 the eldest of nine sons and four daughters. The family settled at Kas- 
 kaskia in 1806 but soon moved to St. Louis. In 1812 Rector participated 
 in the attack upon the Peoria Indians. In 1817 he was appointed United 
 States surveyor general for Illinois and Missouri. ^ 
 
 297 Return J. Meigs was born at Middleton, Connecticut, in 1769. He 
 practiced law at Marietta, Ohio, and was prominent in governmental 
 affairs. He served as a territorial judge and as chief justice of the 
 supreme court of Ohio. He was appointed commandant of St. Charles Dis- 
 trict in 1804. He also served as a judge in Michigan Territory. He 
 returned to Ohio and was elected to the United States senate, but resigned 
 
The First Acting-Governorship. 299 
 
 our mails rendered it doubtful when a letter might reach 
 
 you. 
 
 The Maekinac-conversations which you repeat to me, 
 with respect to the facility with which foreigners gain an 
 admission into the Missouri, are certainly predicated on 
 no very favorable opinion of my honor. Such reports are 
 most unpleasant and disagreeable ; but I feel them to be so 
 destitute of truth that it is not possible for them to have 
 an effect beyond the malignant hour in which they were 
 conceived and perish. In this business, I have ever prac- 
 tised a forbearance and self denial unknown to my Prede- 
 cessors. They always received a fee of $10 or $15 for the 
 License & it was conformable to ' Spanish usage' which has 
 not, that I know of, been repealed. It became Eepublican 
 Agents to set an example to the Country and never to put 
 their fingers into the pockets of the People, unless when 
 warranted by the letter of the Statute. 
 
 I have seen the angry and even virulent string of charges 
 against Gov Hull and Judge Woodward. Such is the fate 
 of almost all the territorial officers : and it would be some- 
 thing like vanity and presumption to hope an exemption 
 from those calumnies to which all are alike obnoxious. It 
 is manifest however, that in the instance before us, a few 
 rays of truth are collected, to give life and animation to a 
 heterogenious mass of falsehood. 
 
 I was happy to hear of your appointment to the office of 
 Marshal. The public expectation appeared to have marked 
 you out for that employment before I left the country — 
 
 in 1810 and was elected governor. He held the office of postmaster-gen- 
 eral of the United States, 1814-1823. 
 
 sas Scott came to Indiana Territory in 1800. He occupied a judicial 
 position in Michigan Territory for some time. 
 
300 The Life and Papers of Frederick Bates. 
 
 I hope you find it profitable. — In our quarter, there are, 
 at present no rumours of Indian hostility. Our fears, as 
 well as our hopes are future and distant. We are now- 
 threatened with a visitation in the spring. 
 
 The hardy Americans by whom our Frontiers are 
 defended, would desire no better amusement than repelling 
 their inroads. — Gov Lewis is every day expected. 
 
 It is now nearly 11 months, since the Executive burthens 
 have rested on shoulders too weak to sustain them, and I 
 shall hail the arrival of his Excellency as a day of rest and 
 jubilee. . . . 
 
 TO JAMES ABBOTT 299 
 
 St. Louis Feby 23d.l808. 
 Dr. Sir, 
 
 Altho ' I have nothing to say, I cannot neglect the oppor- 
 tunity which the politeness of Mr. La Croix affords of 
 renewing to you those assurances of friendship which I 
 have formerly made. 
 
 Battle and contest appear as necessary in political 
 Affairs, as the war of the Elements in the natural world. 
 I had hoped that the party strife which formerly imbittered 
 social intercourse in your territory, must have had an end ; 
 and that peace and unanimity would, ere this, have been 
 restored. But the public prints, as well as the letters of 
 some of my friends, convince me that you are destined to 
 suffer those political struggles, from which no one of the 
 territories, has yet been so fortunate as to escape. 
 
 In such factious disputes, whoever may have been right 
 in the commencement, all become wrong, as interest, and 
 
 290 Then a district judge at Detroit. 
 
The First Acting-Governorship. 301 
 
 passion and party spirit gain strength, and take place of 
 truth & justice. 
 
 We have made but little progress in the adjustment of 
 Land Claims. Our time has been principally occupied in 
 collecting testimony and settling principles. In the month 
 of May we shall set out on a circuit of near 1000 miles 
 which it is expected will continue the greater part of the 
 summer. . . . 
 
 Many of the People of Louisiana, are anxious for the 2d 
 grade of government. 300 I most sincerely wish that they 
 were gratified ; because the present grounds of party differ- 
 ence would be thereby done away, and the Laws would, 
 without doubt, be better suited to the local circumstances 
 of the country, with which it is not possible that the Gov- 
 ernor and Judges should be minutely acquainted. 
 
 TO AUGUSTUS B. WOODWARD 
 
 St. Louis 23d Feby 1808 
 Sir, 
 
 Mr. La Croix tells me that he accompanied you to the 
 river Raison where it was probable you would reside for 
 a few months. I am not at all surprised that you should 
 find such a relaxation necessary, from labors to which 
 Stoicism itself would appear to me unequal. 
 
 It has given me much pain to see in the public Prints the 
 absurd accusations made by the discontented of Michigan 
 against Gov Hull and yourself. The President will not I 
 
 3 oo Not until June 4, 1812, when the Territory of Louisiana became 
 Missouri Territory, was the region raised to a territory of the second 
 grade. Floyd Calvin Shoemaker, Missouri's Struggle for Statehood, 31. 
 
302 The Life and Papers of Frederick Bates. 
 
 hope be mislead by such clamour. But when once it becomes 
 fashionable to institute an enquiry in the House of Reps, 
 on every common and slight occasion, it may be the fate 
 of the best man in society to suffer persecution. Baseness 
 and Fraud may arraign Integrity and Honor — and there 
 may be found persons in that illustrious body easily pre- 
 vailed upon to give the most virtuous and upright public 
 officer a great deal of unnecessary trouble in the manifes- 
 tation of that innocence which ought never to have been 
 questioned. 
 
 The Representatives of the People are 'wide awake' to 
 the abuses of the public agents, and in their zeal to correct 
 the wrong it is sometimes possible for them to launch their 
 thunders at those who have deserved well of their country. 
 
 I became convinced of this, last winter in the city. The 
 complaints from Detroit had already made an impression 
 even on the mind of the President and the heads of Depart- 
 ments. Some of the members of Congress mentioned some- 
 thing about impeachment &c. and it was in vain that I 
 attempted a vindication of some of those acts, to which 
 the seal of reprobation had been already affixed. 
 
 Pardon this language; I was equally implicated with 
 yourself (as we, for the most part concurred in sentiments) 
 tho' to you was almost exclusively confined the credit of 
 projection. 
 
 I believe an enquiry at this moment would be greatly to 
 your advantage. An Impeachment would establish your 
 name and character throughout the Union. A glorious 
 opportunity would be thereby afforded you, of silencing 
 forever those silly caluminators, who have endeavoured to 
 render either suspicious or criminal all your efforts for the 
 promotion of the public interest. 
 
The First Acting-Governorship. 303 
 
 The fervors of our Louisiana-Factions have very much 
 subsided; and altho' I ought not to attribute it solely to 
 my exertions; yet it is certain that I have not been alto- 
 gether unsuccessful in my attempts to moderate and to 
 reconcile. Gov Wilkinson had given the public mind a 
 violent impulse. Party had been arraigned agt. party, and 
 scarcely an individual in the community escaped the impu- 
 tation of some infamous crime. It is shocking to look at 
 the pictures which the Records of those times exhibit: but 
 those times have passed away, and the prospect before us 
 will be an ample indemnification for past sufferings. 
 
 If ever you change your residence come to Louisiana. 
 It is a country of vast internal resource and is rising into 
 wealth and respectability, notwithstanding every political 
 discouragement. 
 
 TO JOHN SMITH T 
 
 St. Louis 24 Feby 1808. 
 Sib, 
 
 Mr. Cheetham this morning delivered me your letter of 
 the 14th Inst. I have reflected on the contents with atten- 
 tion, and do not know that I am permitted to protect your 
 claims at Mine A Eenaut by instructions similar to those 
 in the case of Messrs. Henry & Fenwick. Their' s is an old 
 claim, and as I conceive it, located by the Grant itself. 
 Your's derived from Captain St. Vrain, is a new one, and 
 surveyed, if I may rely on statements lately received, since 
 the 4th of March 1807. — 
 
 Believe me, I feel anxious only to discharge my duty, 
 as respects the Lead Mines. — Your interests, as an Inhabi- 
 
304 The Life and, Papers of Frederick Bates. 
 
 taut of Louisiana, are under the guardianship of the Laws, 
 and I should pervert that authority with which I have been 
 invested, if, either thro' remissness or design I suffered 
 them to be sacrificed. I expect the Governor every hour. 
 If he does not very soon arrive, I shall visit the mines for 
 the purpose of collecting those accurate informations, 
 which are so difficult to obtain at a distance from the scene 
 of alledged interferences. 
 
 TO RICHARD BATES 
 
 St. Louis Feby 26. 1808. 
 Dear Richard, 
 
 On the first day of October last I sent you a Bill on Mr 
 Gallatin for the sum of $250 — Not having heard from you, 
 I fear that it has been either lost or pillaged on the road. 
 I now send you a duplicate, or rather the second part of 
 that bill, together with a letter of advice to Mr Gallatin. 
 Gov Lewis is every moment expected. His brother 301 
 arrived last evening with his carriage &c. &c. 
 
 301 This was Reuben Lewis. He was one of the original members of 
 the Missouri Pur Company. 
 
PART III 
 The Regime of Governor Lewis 
 
THE REGIME OF GOVERNOR LEWIS 
 
 TO JOHN McKINNEY 1 
 
 glB St. Louis Mar 8. 1808 
 
 I this afternoon received your letter of the 29th Feby 
 and have been directed by the Governor 2 to give you the 
 necessary assistance for the recovery of your Property. 
 
 You will please deliver the enclosed letter to Mr. Robert 
 Dickson, on whose friendly aid, I have the utmost reliance. 
 Mr. Dickson possesses more influence than any other 
 Trader in that quarter, and I have no doubt that when 
 the demands of the govr. are fairly communicated to the 
 Indians by him, your horses will be restored. Mr. Dick- 
 son, is authorized to make a few presents at the public 
 expence, provided such a step should be necessary to 
 facilitate the compromise. 
 
 TO ROBERT DICKSON 
 
 glE St. Louis 8 March 1808. 
 
 Your letter of the 22d of Novr. was received in due time. 
 I have known of no conveyance by which I could express 
 to you, my acknowledgments for the exertions which you 
 continue to make for the tranquility of the upper country. 
 
 1 John McKinney was a native of Virginia. He served in the Revolu- 
 tion. He came to Louisiana in 1800 and settled on the Femme Osage 
 in the St. Charles District. 
 
 2 Governor Lewis arrived at St. Louis on March 8, 1808. 
 
 (307) 
 
308 The Life and Papers of Frederick Bates. 
 
 Believe me, I have a proper sense of those obligations 
 which you confer on us by these repeated instances of your 
 friendly dispositions. But when I am soliciting new ser- 
 vices, I must confess that it is, with a bad grace I thank 
 you for the old. John McKinney & Wm. Eamsay 3 have 
 lost six horses, some of them valuable, which they suspect 
 to have been stolen by the Indians of your neighbourhood. 
 Should it be in your power without inconvenience, to assist 
 those men in the recovery of their property, I know you 
 will have the goodness to do so. It is said that the Black 
 Eagle has several of them. Any presents to a small 
 amount which you may distribute on the occasion shall 
 be accounted for by the Indian Department at this Place. 
 
 We have a treaty with the Sacs & Foxes by which we 
 shall be justified in compensating from the annuities, for 
 the losses which our citizens sustain by the robberies they 
 commit. This consideration will have weight with the 
 chiefs, and if your influence be exerted I am very sure 
 that the horses will be restored. 
 
 You will know how to address them, on these subjects. 
 The Governor arrived this day; and it is by his order 
 that I make these solicitations. 
 
 TO MERIWETHEK LEWIS 
 Qtt> St. Louis Mar 9. 1808 
 
 I had the honor of waiting on you this morning — and 
 left on your table the volumes of the laws of the U States 
 in which are found all the Statutes which have been lately 
 
 3 William Ramsay, a soldier of the American Revolution, in 1799 
 settled on Bryant Creek in the St. Charles District. The creek is also 
 known as Ramsay's Creek. 
 
The Regime of Governor Lewis. 309 
 
 passed in relation to this Territory. In the bundle of 
 ' complaints ' which have been also left in your office, you 
 will find the letters of Major Seth Hunt, from which you 
 will derive some general information with respect to his 
 claims. A copy of his Entry with the Recorder shall be 
 submitted to you. I enclose you copies of Mr Gallatins 
 letters on the subject of the Lead Mines: also I take the 
 liberty of sending you, a copy of Fraziers 4 Prospectus as 
 furnished me by Major C. 5 
 
 I have not thought that you would require of me a 
 report in writing of the affairs of the Territory. If, how- 
 ever it is your wish, you have only to command me. 
 
 TO JOSEPH CHADLESS 6 
 glB St. Louis 12 Mar 1808. 
 
 I should esteem a particular favor your procuring for 
 me, one, two or three of those western Papers, from dif- 
 
 ^ Robert Frazier, a member of the Lewis and Clark party, had for- 
 merly been a fencing master at Rutland, Vermont. Soon after the return 
 of the expedition he solicited subscriptions in Vermont for a publication 
 of his journal, but as far as known it did not appear in print. Thwaites 
 was unable to find the journal. For the entire subject, see James Davie 
 Butler, "The new found Journal of Charles Floyd," in American Antiqua- 
 rian Society, Proceedings, April 25, 1894; Thwaites, Original Journals of 
 the Lewis and Clark Expeditions, 1804-1806, I, pp. LV, LXXXIV, LXXXV; 
 Coues, History of the Expedition under the Command of Lewis and Clark, 
 I, 255; Gass, Journal (Hosmer, ed.), pp. XXI, XXXII. 
 
 s Probably Eli B. Clemson. 
 
 e Joseph Charless, Sr., was born in Westmeath, Ireland, July 16, 1772. 
 He was implicated in the Irish rebellion of 1795 and forced to flee to 
 France. He arrived in New York in 1796, but moved to Philadelphia 
 where he worked on William Duane's Aurora. In 1800 he went to Lex- 
 ington, Kentucky, where he established a newspaper. His next move was 
 to Louisville in 1806, where he published the Louisville Gazette. In the 
 
310 The Life and Papers of Frederick Bates. 
 
 ferent Presses, which contain the Prospectus of Frazier's 
 Journal. 
 
 The interest which I take in the compromise of those 
 misunderstandings which have arisen from that Pros- 
 pectus, urge me to trouble you with this request. 
 
 If the Publication of Gov Lewis on the subject of Gass' 7 
 & Frazier's Journal can be procured, you would confer an 
 additional favor by transmitting it. — For these friendly 
 offices I beg you to command me in return. 
 
 MERIWETHER LEWIS TO BATES 
 
 Sir, t n - d -] 
 
 If not otherwise engaged I shall expect you to take tea 
 with me this evening; there are several subjects on which 
 I wish to converse with you. 
 
 MERIWETHER LEWIS TO BATES 
 Sm St. Louis March 16th. 1808. 
 
 You would very much oblige me by drawing up articles 
 of agreement between myself as Superintendent, of Indian 
 affairs in behalf of the U'Sts. and Alexander Willard, a 
 
 summer of 1808 he came to St. Louis, where he established the Missouri 
 Gazette, the first newspaper west of the Mississippi River, the first issue 
 appearing on July 12, 1808. 
 
 7 Patrick Gass was a member of the Lewis and Clark party. In 
 1807 he published his journal of the expedition, and until the appearance 
 of the Nicholas Biddle edition of the Lewis and Clark papers in 1314, 
 Gass' journal was the principal source of information regarding the 
 work of the explorers. The best edition is that edited by James Kendall 
 Hosmer, published in 1904. 
 
The Regime of Governor Lewis. 311 
 
 Blacksmith whom I wist to engage for the Sauc nation, 8 
 on the other part — he will be bound to perform with deli- 
 gence and to the best of his ability as a blacksmith all 
 duties appertaining thereto, and as such to obey the orders 
 of myself or of such Indian agents of the TJ'States as may 
 be charged with the affairs of that nation, his term of 
 service 12 months from the 1st of Aprl. next unless sooner 
 discharged by the orders of the Secy of War or myself — 
 in consideration of those services he is to be paid 30 
 dollars pr. Month and one & % rations pr. day to be fur- 
 nished at the public expence with an assortment of tools, 
 a shop and coal house, a comfortable cabbin with a puncin 9 
 [sic] floor, with fuel, and to have his baggage transported 
 from hence to the Sauc village. . . . 
 [P. S.] A hand to strike will also be furnished Mr. Wil- 
 lard. M. L. 
 
 TO MERIWETHER LEWIS 
 
 March 17th, 1808. 
 
 SlK, 
 
 I have the honor to enclose for your information, cer- 
 tain Leases of Lead Mines, which were made, by order 
 of the President, to sundry persons in the dist of St. Gene- 
 vieve. 
 
 s In the treaty of 1804 no provision was made for furnishing the Sacs 
 and Foxes with a blacksmith. In the Osage treaty of 1808 the United 
 States agreed to furnish that tribe with a blacksmith. Probably the 
 assignment of Willard to the Sacs was a concession made necessary by 
 the arrangement with the Osages. For the treaties, see Kappler, Indian 
 Affairs, Laws and Treaties, II, 74-77, 95, 120-122. 
 
 9 A floor made of puncheons, broad, flat pieces of roughly dressed 
 timber. 
 
312 The Life and Papers of Frederick Bates. 
 
 TO JOSHUA HUMPHREYS 
 SiR St. Louis March 20. 1808. 
 
 Governor Lewis arrived on the 8th Inst, and relieved 
 me from the Executive Burthens, at the same time that 
 he gratifies, by his presence the impatient wishes of the 
 People. 
 
 As a matter of official course, your envelope covering 
 letters of the 2d Dec & 6th of March last was handed over 
 to the Governor. His Excellency desires me to reply to 
 those letters. The court, you remark have recognized 
 certain customary laws, with respect to the sale of prop- 
 erty, which laws, in their opinion remain unrepealed by 
 our statutes. — This transaction involves some important 
 and perhaps questionable principles, on which his Excel- 
 lency will not hazzard hasty opinions : — and whatever 
 his ideas with respect to this declaratory act may be, the 
 Papers as communicated have too little of form and 
 authenticity to be submitted to the Attorney General. 10 
 
 The Produce of the country is not a legal tender in dis- 
 charge of a Fee Bill. The Legislature cannot legitimate 
 such a tender: neither do I observe that the court, in their 
 resolution have attempted to do so. They only interpose 
 the same delays in the collection of those monies ,as in cases 
 of debt arising in another manner. 
 
 io The office of attorney general was created by a territorial act of 
 May 6, 1806. The attorney general was to be "a suitable person learned 
 in the law," to be appointed by the governor. He was to prosecute in 
 the territory all pleas civil and criminal in behalf of the United States 
 or of the territory. He was given power to appoint deputies in the 
 various districts to act for him. Mo. Territorial Laws, I, 67. 
 
The Regime of Governor Lewis. 313 
 
 The decision of your Judges is however novel and sin- 
 gular; and as his Excellency has heard of no similar deci- 
 sions in any other of the territorial courts; and as it is 
 desirable that there should be an uniformity in this respect 
 he desires that you will transmit him an exact and certified 
 copy from the Records, that he may deliberate and take 
 such a course in the affair as the importance of the subject 
 appears to require. 
 
 Samuel Hammond Jr Esquire was on the 29th of Febru- 
 ary appointed to supply the vacancy occasioned by the 
 resignation of Mr. Wilson. You will then have no further 
 apprehensions on that score. It is believed to be desirable 
 that district officers should, in ordinary cases be selected 
 from that quarter of the country in which they are respec- 
 tively to act. On the resignation, however of Mr. Wilson, 
 the Executive was requested to send from some of the 
 neighbouring districts an intelligent man, prompt, active 
 and suited to the discharge of such duties; as it was be- 
 lieved that no person thus qualified, could be found in New 
 Madrid, who would be willing to accept. 
 
 It is much to be lamented that your treasury accounts 
 should have run into such disorder. The present board, 
 will, it is hoped, reduce them into some kind of system. 
 Among the Papers of the late Colo. Waters, you will find 
 several of my letters, on those subjects. They are not 
 indeed, and never were authority : The Law is your guide ; 
 but it is believed that they point out an unexceptionable 
 course. 
 
 As a resident in Louisiana, and anxiously wishing its 
 prosperity and advancement, I congratulate you, and the 
 respectable inhabitants of your district, on the arrival of 
 
314 The Life and Papers of Frederick Bates. 
 
 a Governor, whose great and only object, I am convinced 
 will be, the promotion of our best interests. 
 
 TO TIMOTHY KIBBY 
 
 Deab Colonel, St - Louis 22d Mar 1808 « 
 
 The absence of the Gov, who this morning visited the 
 cantonments 11 prevents my giving you any satisfactory 
 information on the subject of your letter of the 19 Inst. 
 It shall be submitted to him on his return. It is time that 
 something should be done, conclusively, with respect to the 
 contemplated company of Horse. The Gov: will probably 
 put that corny, into commission, or give you reasons why 
 he thinks it inexpedient to do so. He has all the Papers 
 on the subject. 
 
 Since last I had the pleasure of seeing you, have heard 
 nothing of the arms. They are doubtless, by this time on 
 the river and may be expected in the course of the spring. 
 
 It does not now appertain to my office to give impulse to 
 the machine of government: neither can I with certainty, 
 look forward to what will happen; but as intelligence in 
 relation to your district transpires I will, with cheerfulness 
 and pleasure communicate it to you. 
 
 I am thankful for yr. congratulations on the arrival of 
 His Excellency. Indeed, I feel myself relieved from an in- 
 supportable burthen. It was a task to which I thought 
 myself unequal even before experience had demonstrated 
 the truth of my fears. — And now, permit me, my dear sir, 
 to felicitate both you and our Fellow Citizens generally 
 on an event which was so ardently desired by us all. 
 
 11 Belief ontaine. 
 
The Regime of Governor Lewis. 315 
 
 TO MESSRS. STOUT, PRINTERS, VINCENNES 
 
 Gentlemen, St - Louis 24 March 1808 
 
 I enclose you forms for Commissions civil and militia — 
 also for Indian Licenses You will oblige me by causing 
 forty eight of each to be struck off, in the best manner 
 and as soon as may be convenient to you — If the Post 
 Rider can be prevailed on to bring them to Cahokia, I will 
 pay him whatever may be reasonable and proper. 
 
 Your Orders on acct. of this work (accompanied by a 
 statement and receipt) shall be paid on sight. 
 
 TO RICHARD BATES 
 
 My dear Richard, St - Louis March 24 - 1808 
 
 Affairs look somewhat squally since the arrival of Gov 
 Lewis. Mighty and extraordinary efforts are making to 
 restore to office some of those worthless men, whom I 
 thought it my duty to remove. The public sentiment (I 
 say it without a boast) appeared [to be convinced of the] 12 
 propriety of my conduct [and the bitterness of] party 
 faction were daily [subsiding, but I now] greatly fear that 
 the Demon of Discord will again mount the whirlwind and 
 direct the storm. If my unpleasant differences with Colo. 
 Smith did not still hang over me there could be no reason 
 why I should not abstract myself from territorial disputes 
 and be content with the mere discharge of official duty. 
 That man was absent, in Tennessee, on the arrival of the 
 Governor, and has not since returned. I wrote you that I 
 should not hold myself accountable to him for any Execu- 
 
 12 The original is mutilated. Portions in brackets were supplied by 
 the editor. 
 
316 The Life and Papers of Frederick Bates. 
 
 tive measure or act of mine, while discharging the duties 
 of Governor. But it will be in his power so to wrest the 
 misunderstanding from its true grounds, as to make it my 
 duty to take notice of him. 
 
 I wish it was your interest, as it is mine that we should 
 live together, and have the benefit of each others society, 
 friendship and advice. — I wrote you very hastily by last 
 Post. If you should come to Louisiana, and arrive in my 
 absence, Mr. Comegys, who is my Banker, will supply you 
 with whatever you may reasonably demand — And on my 
 return, all I can say is, that we will live together like 
 brothers and my purse as long as I have one, shall be 
 always open for the supply of any deficit which may hap- 
 pen in yours. 
 
 G. L. has a brother 13 in this Country, for whom I suppose 
 provision must be made. Indeed I know of no vacancy for 
 you at present; but the practice of the Law is a more inde- 
 pendent pursuit, and perhaps more profitable than an 
 office dependent on the will of others All things considered, 
 it might perhaps be safer to suspend your resolutions until 
 the latter part of summer My situation will be completely 
 ascertained by that time. This may be a needless caution ; 
 but it surely arises from that anxious interest which I take 
 in your welfare. The Osage Indians have, and are now 
 committing depredations. About a week ago they made 
 an irruption into our settlements, and loaded the horses 
 which they stole whereever they could find them with the 
 property of the frontier Inhabitants. There was no per- 
 sonal violence offered; but the most wanton waste com- 
 mitted on property of every description. Furniture was 
 split to pieces with their Tomahawks; feather beds ript 
 
 is Governor Lewis' brother, Reuben. 
 
The Regime of Governor Lewis, 317 
 
 open and destroyed, and every thing which could not be 
 carried away rendered useless to the owners. Forty of 
 the most respectable persons of the country are now in 
 pursuit of these freebooters, or probably before this time 
 have had an action with them. This will not at all effect 
 the peace of the Territory for the Indians west of the 
 Mississippi know nothing of war, and will be very readily 
 chastised even by the Militia for any outrages which they 
 commit. 
 
 If you come, 14 call on Messrs. Falconer & Comegys to 
 whom I have spoken on your behalf. Indeed I have desired 
 them to call on you. 
 
 MOSES AUSTIN TO BATES 
 
 jy g ffi Mine a Burton [March] 27th 1808 
 
 Colo Mathers having determined to visit Saint Louis, 
 affords an opportunity for me to tender my Congratula- 
 tions, on the safe arrival of Gov. Lewis in this territory, 
 believing as I do that his arrival will be to you no small 
 gratification, in as much as, you will be releaved from much 
 of the responsibility heretofore attached to your office. 
 
 Colo Mathers deeply feels the outrages lately committed 
 on his property & the insults offered his person, & depends 
 much on you to see him remunerated for his losses. I have 
 expressed to Messrs. Mathers & Hart my belief, that they 
 would find in you a firm advocate, & that Gov Lewis would 
 doubtless take prompt & efficient measures to obtain them 
 redress. I cannot but express my hope that our Gov. will 
 
 14 Richard Bates remained in Virginia. He died at Norfolk on March 
 3, 1811. 
 
318 The Life and Papers of Frederick Bates. 
 
 deliberately investigate the wrongs they have suffered from 
 the agents of Smith & Brown, and cause restitution to be 
 made them, suffer me also to add that no act of violence 
 with in my knowledge equals the one commited on those 
 Gentlemen, as well as on the authority of the U States. 
 Such outrages unnoticed has created the most sovereign 
 contempt for the Constituted Authorities, & imboldens the 
 perpetrators of repine & discord to continue their out- 
 rages. I trust I shall be excused for expressing my solici- 
 tude on this occasion as Messrs. Mathers & Hart leased, 
 lands of the U States by my advice, & in consiquence, I 
 consider myself in some measure instrumental in placing 
 them in the situation in which they now stand, I have always 
 expressed my confidence in the Justice of the General Gov- 
 ernment, also my firm belief that Gov. Lewis & yourself 
 would shield them from the dareing attempts of Smith & 
 Brown, — Nor can I yet believe I shall find myself disap- 
 pointed in my expectations of the Just intentions of the 
 Executive of this Territory, you are fully apprized of my 
 determination (heretofore made known to you) not to 
 interpose in any wise as to appointments that might be 
 contemplated for this district, either civil or military, yet 
 such is my Extreem concern on seeing the bold attempts, 
 to again introduce John Smith. T. into office that I cannot 
 remain silent, it appears to be a principle adopted by the 
 General Government that all persons, who have in any 
 manner associated with Aaron Burr, aught to be divested 
 of all authority, nor trusted with confidential offices under 
 the Government, that John Smith. T. did actually enter into 
 the Views of Burr (in my opinion) may be established by 
 concuring testimony sufficiently strong to convince Every 
 man in this district friendly disposed towards the U States 
 of the impropriety, of his holding an office under the Gov- 
 
The Regime of Governor Lewis. 319 
 
 eminent, the advocates of Smith have a double object in 
 view, by reinstating him in office, they expect by so doing 
 to fix a stigma on the Secretary of the Territory, and prove 
 to the World, that his removal from office arrose from per- 
 sonal motives & not from any improper acts of his, they 
 also expect, to regain so compleat ascendency over this 
 District, and create a breach between the Gov. and Secre- 
 tary which is, said, & impressed on the minds of the people 
 has already taken place, & that Gov. Lewis has expressed 
 his dissattisfaction of the Secretarys conduct. 
 
 Thus you see the Engines of discord are in motion to 
 inflame the people against Every man that has dared to 
 act in contradiction to the will of the Ex Secretary & his 
 friend Smith. I cannot but feel deeply impressed with the 
 importance of the present question, whether John Smith. T. 
 shall be reinstated or not, a question of no small conse- 
 quence in my estimation, my confidence in the correct views 
 of Gov. Lewis are such, that untill I am convinced by seeing 
 Smith clothed with the Ensigns of his office, I will not be- 
 lieve him reinstated in the Confidence of the Governor, 
 altho proclamed by a thousand tongues. 
 
 TO JAMES MADISON 
 glR St. Louis April 1. 1808 
 
 I have the honor of enclosing as the half yearly Report 
 of the Secretary copies of the acts passed from the 1st 
 October 1807 till 31st March 1808 ; 15 copy of a writ for 
 
 is Only three acts were passed during this period: an act concerning 
 insolvent debtors, an act concerning mortgages, and an amendment to 
 the act establishing courts of justice. Mo. Territorial Laws, I, 181-184. 
 
320 The Life and Papers of Frederick Bates. 
 
 the removal of John Harvey an Intruder on the Public 
 Lands; Lists of new appointments in the civil department 
 and of Licenses to trade with Indians; together with a 
 List of the civil officers now in commission. — Party fer- 
 vors, since my last communication, have, in a great degree 
 subsided and except a late marauding incursion of a band 
 of Osages; and some local discontents arising from min- 
 eral competition in the District of St. Genevieve, nothing 
 has occurred to interrupt the public tranquility. 
 
 On these subjects the Governor will take measures and 
 probably report specially with respect to them. . . . 
 
 LIST OF APPOINTMENTS AND REMOVALS, 
 lg07 APRIL 1, 1807— MARCH 31, 1808 
 
 May 1. — John Smith (T) removed from his offices of Lt. 
 Colo, of the Militia; Justice of the General Q. Ses- 
 sions and Com: Pleas and Commission of Rates & 
 Levies for the district of St. Genevieve. 
 
 5th James Richardson removed from his offices of Jus- 
 tice of the Peace and of 2d. Major of the Militia of 
 the district of St. Louis. 
 
 7th Thomas C. Scott appointed Clerk of the Q Sessions 
 
 & Prothy. of the Com Pleas of the district of Cape 
 Girardeau vice Joseph McFerron removed 
 
 8th James Austin 16 appointed Justice of the Peace and 
 of the Com Pleas for the district of St Genevieve 
 
 9 William Murphy 17 removed from the offices of Justice 
 of the Peace and of the Com Pleas for the district of 
 St. Genevieve 
 
 i6 Brother of Moses Austin. 
 
 it A Revolutionary War veteran from Virginia. 
 
The Regime of Governor Lewis. 321 
 
 June 8 William James 18 appointed a Justice of the 
 Peace — of the Q Sessions, and of the Common Pleas 
 for the district of St. Genevieve 
 
 13 Joshua Pennyman appointed a Justice of the Peace 
 & of the Com Pleas for Dt. of St. Genevieve 
 
 Peter Provonchere resigns the offices of Recorder, 
 Judge of Probate and Major in the Militia — District 
 of St. Charles. — 
 
 14 Silas Bent 1st Justice of the Courts of Q Sessions & 
 Com Pleas for the district of St. Louis. — 
 
 16 Enoch Evans 19 appointed Justice of the Q Sessions 
 and Com: Pleas for the district of Cape Girardeau 
 
 22d Thos. Oliver & Joshua Pennyman appointed Com- 
 missioners of Rates & Levies for Dt. of St. Genevieve 
 
 23d Thomas Oliver appointed Judge of Probate Dt. St. 
 Genevieve vice Valle resigned. 
 
 24 Joshua Pennyman impowered by Dedimus to admin- 
 ister Oaths of Office 
 
 27 Joseph Whittlesey appointed Captain of a Volunteer 
 Infantry Company in the district of St. Genevieve 
 Ebenezer Armstrong Lieut, of said Company 
 Thomas Scott Ensign of said Company 
 
 July 7 James Green Coroner of Dt. of St. Charles 
 
 Michael Amoreux appointed Notary Public for 5 
 
 is One of the trustees of the Ste. Genevieve Academy in 1808. 
 is A Virginian who settled in the Ramsay Settlement near Cape 
 Girardeau in 1801. 
 
322 The Life and Papers of Frederick Bates. 
 
 Years for Dt. of New Madrid also appointed Eecorder 
 & Judge Probate for said district vice Charpentier 
 resigned 
 
 Joshua Humphreys impowered by Dedimus to ad- 
 minister Oaths Dt. of New Madrid 
 
 9 Thomas F. Riddick appointed Commissioner of rates 
 & levies for one year from 15 Augt. next for Dt. St. 
 Louis vice Christy resigned 
 
 10 Thomas F. Eiddick Clerk of the Courts of Com Pleas, 
 Q Sessions & oyer & terminer for Dt. of St. Louis 
 vice William Christy resigned 
 
 Edward Hempstead appointed Aide De Camp to 
 Comr. in Chief, with rank of Major 
 
 14 William Sullivan 20 appointed Coroner for the Dis- 
 trict of St. Louis. 
 
 Thomas F. Riddick impowered by Dedimus to 
 administer Oaths. — 
 
 18 Mary Phillip Le Due 21 appointed Notary Public for 5 
 Years for Dt. of St. Louis. 
 
 20th Bernard Gains Farrar appointed Surgeon 1st 
 Regt. — 
 
 Aug 14 Otho Shrader, Captain of a Cavalry Company in 
 the District of St. Genevieve 
 
 Henry Dodge 1st Lieutenant of ditto 
 
 20 in 1804 Governor Harrison appointed him constable of St. Louis. 
 He was doorkeeper of the Missouri territorial assemblies of 1814 and 1818. 
 
 2i Marie Philip Leduc was the secretary of De Lassus at New Madrid. 
 He was the first clerk and recorder of St. Louis, and in 1805 was 
 appointed translator for the board of land commissioners. 
 
The Regime of Governor Lewis. 323 
 
 Andrew Henry 2d Lieutenant of ditto 
 John B. Le Brun Boziere 22 Cornet of ditto 
 Charles Elliott Burser of ditto 
 
 18 Henry Bight 23 appointed Recorder and Judge Pro- 
 bate, District of St. Charles 
 
 Bernard Prat'te Esq : Treasurer District of St. Louis 
 
 20 George Henderson Recorder, Judge of Probate and 
 Treasurer of the District of Cape Girardeau 
 
 Timothy Kibby 1st Judge, Francois Saucier, 24 and 
 James Flaugherty 25 Judges of the Courts of Common 
 Pleas and Q Sessions, for the District of St. 
 Charles — good behavior for four years 
 
 Silas Bent 1st Judge, Auguste Chouteau, Chs. Gra- 
 tiot, Bernard Pratte, Louis Lebeaume Judges of the 
 Courts of Com Pleas & Q Sessions for Dt. of St. 
 Louis — good behavior for four years. Charles Gra- 
 tiot Esquire declined to accept 
 
 Justices foe the several Townships Dt. of St. Louis 
 
 Aug. 20 St. Ferdinand : Jno. Allen, 2 '' Geo. Fallis. Vincent 
 Carico 27 
 
 22 His name was Bossieur. He was a captain in the Ste. Genevieve 
 County regiment in 1812 and was reappointed in 1814. 
 
 23 He was judge advocate in the St. Charles County regiment in 1812 
 and was reappointed in 1814. 
 
 24 The founder of Portage des Sioux. 
 
 25 in 1799 he settled in the District of St. Charles at Green's Bottom 
 on the Missouri. He was appointed justice of the peace in 1804. He 
 represented St. Charles County in the first Missouri territorial council. 
 
 26 Probably John E. Allen, a captain in the St. Louis County regi- 
 ment in 1812. 
 
 27 in 1798 Vincent Carrico was living on a land grant on the south 
 side of the Missouri River a few miles above its mouth. 
 
324 The Life and Papers of Frederick Bates. 
 
 Bon Homme: Richard Caulk, 28 , James Mackay? 9 
 Kincaid Caldwell 30 
 
 Joachim : Benj. Johnson, 31 Jeduthan Kendal 32 
 
 St. Louis: M. P. Le Due, F. M. Benoist, 33 Alexr. 
 McNair, Thos. F. Riddick, Pierre Chouteau 
 
 James Mackay declined to accept. 
 
 Amos Byrd 1st Judge, St. James Beauvais, 34 William 
 Gaines, Judges of the Courts of Common Pleas & Q 
 
 28 Richard Caulk, a Marylander, settled in Bon Homme in 1796. 
 He was appointed syndic and acted in that capacity until 1804. He 
 received extensive land grants in compensation for his services. He was 
 a member of the Missouri territorial assembly in 1812 and 1814, and 
 was a lieutenant in the Mounted Riflemen in 1812 and in the infantry in 
 1814. 
 
 29 Mackay was a surveyor, a native of Kildonan, County Sutherland, 
 Scotland. For a time he was in the employ of English fur-trading com- 
 panies, but in 1792 came to Upper Louisiana. In 1795-1796 he was 
 employed by the Clamorgan Company to explore the upper Missouri "with 
 the intent of opening communication with the South Sea," and to coun- 
 teract English influence on the Platte and upper Missouri. Near Bon 
 Homme he established the village of San Andres del Misuri, the site of 
 which has long since been washed away. He was rewarded for his 
 services by an extensive land grant on the Cuivre River. In 1804 Harri- 
 son appointed him a judge of the court of common pleas and quarter 
 sessions of the District of St. Louis. He was a member of the Missouri 
 territorial assembly of 1816. For the Mackay journal of the expedition 
 of 1795-1796, see Houck, Spanish Regime, II, 181-193. For his map, see 
 Original Journals of Lewis and Clark (Thwaites, ed.), VIII, No. 2. 
 
 30 in 1799 he settled near St. Ferdinand. He represented St. Louis 
 County in the Missouri territorial assembly of 1814. 
 
 3i In 1800 he was living on Sandy Creek in what is now Jefferson 
 County and in 1806 was teaching school there. In 1812 he was an ensign 
 in the St. Louis County regiment. 
 
 32 Kendall was a large land owner. In 1798 he had a tannery at 
 Ste. Genevieve. The following year he added a boot and shoe factory, a 
 distillery, and brewery. At one time he owned the ferry across the Mis- 
 sissippi at the mouth of the Joachim. 
 
 33 Francois Marie Benoit or Benoist was a well-to-do land owner 
 and trader who lived on the headwaters of the Plattin River in modern 
 Jefferson County. 
 
 34 St. Geminin Beauvais. 
 
The Regime of Governor Lewis, 325 
 
 Sessions for the district of St. Genevieve — good be- 
 havior for four years 
 
 Justices for the several Townships of St. Genevieve 
 
 Aug. 26 St. Genevieve Joshua Penniman 35 
 
 Cinq Homme Isidore Moore, 36 Geo A. Jffam[ilton] 37 
 St. Michael 38 John Callaway, 39 Nathl Cook 
 Big Eiver, John Andrews — 40 
 Breton James Austin, Michael Hart 
 Belle View 11 Elisha Baker 42 
 
 Hamilton and Cook resigned the 1st the 6th Oct the 
 other 10th 0[ctober] 
 
 Aug 20 Christ Hays 1st Judge, Robert Green, John 
 Byr[d] 43 Judges of the Courts of Com Pleas and Q 
 Sessions, district of Cape Girardeau, — good behavior 
 for four years. 
 
 Justices for the several Townships Dt. of Cape 
 Girardeau 
 
 Tywappity Edmund Hogan, 44 Jno. Wellborn 
 
 35 Usually spelled Penneman. 
 
 36 He represented Ste. Genevieve County in the legislature, 1815-1818. 
 
 37 Hamilton was a Kentuckian. He was the first settler (1797) in 
 the Brazeau Bottom in the southeast corner of modern Perry County. 
 
 38 Modern Fredericktown. 
 
 ss Callaway settled on Saline Creek in 1799. He was a major in the 
 Ste. Genevieve County regiment in 1812. 
 
 40 About 1798 Andrews settled on Big River in the District of Ste. 
 Genevieve. 
 
 4i Bellevue. 
 
 42 He was a member of the Bellevue Valley Presbyterian Church or- 
 ganized in 1816, said to have been the first Presbyterian Church west of 
 the Mississippi. It was ten miles south of Potosi. 
 
 43 in 1805 he had been appointed to a similar position. 
 
 44 in 1797 Edward Hogan had a farm on the Mississippi opposite 
 Thebes, Illinois. He was a captain in the Arkansas County regiment 
 
326 The Life and Papers of Frederick Bates. 
 
 Cape Girardeau, Enoch Evans, Jno. Abernathy 4 " 
 Byrd's 46 William Mathews, John Davis 47 
 German 48 Frederick Bollinger, 49 Benj Shell 
 St. Francois Jacob Kelly 50 
 
 Aug*. 20 Richd. Jones Waters 1st Judge Michael Amour- 
 eux, Elisha Winsor, 51 Saml. Dorsey 52 Judges of the 
 Courts of Com Pleas & Q Sessions for the district of 
 New Madrid — good behaviour for 4 Years 
 
 Justices foe the several Townships of Dt of New Madeid 
 
 New Madrid: Joshua Humphreys, Obafdiah] 
 Woodson 
 
 Big Prair[i]e 53 — Stephen Ross 54 
 
 in 1812, and in 1816 represented the county in the Missouri territorial 
 assembly. 
 
 45 An early settler in the region where the White River leaves the 
 hill country. 
 
 46 Byrd's Settlement was founded in 1789 by Amos Byrd. It was 
 about sixteen miles northwest of Cape Girardeau. 
 
 47 Davis settled at New Madrid in 1792. 
 
 48 In 1799 German-Swiss and Germans from the back country of 
 North Carolina founded a settlement on White River. 
 
 49 Bollinger was of German-Swiss extraction. He came from Lincoln 
 County, North Carolina. He represented Cape Girardeau Cour.ty in the 
 territorial assembly in 1812, 1814, and 1816, and was a member of the 
 legislative council in 1818. Predericktown was named in his honor. 
 
 so Jacob Kelly or Kelley was the owner of five slaves. 
 
 si In 1799 he was living six miles north of New Madrid. In 1804 he 
 was a justice of the peace. In 1805 he was appointed judge of the court 
 of common pleas and quarter sessions for the District of New Madrid. 
 In 1812 and 1814 he was a captain in the New Madrid County regiment. 
 
 52 Dr. Samuel Dorsey was a Marylander. He moved from Vincennes 
 to New Madrid in 1793. 
 
 53 For a contemporary description of Big Prairie, see Brackenridge, 
 Views of Louisiana, 191. 
 
 54 Ross was a major in the New Madrid County regiment during the 
 War of 1812. In 1818 he represented the county in the territorial 
 assembly. 
 
The Regime of Governor Lewis. 327 
 
 Little Prair[i]e 55 — George Ruddell, Frans. Le 
 Sieur 56 
 
 Tywappity: Edward Matthers jr." 7 
 
 Justices op the several Townships for Dt. of St. Charles 
 
 Portage des Sioux Francis Le Sieur, 58 Eben : Ayres 59 
 St. Charles: Francis Duquette,' 50 James Morrison, 
 Ant Janis 61 
 
 Dardenne : Warren Cottle, 62 William Mc Connell 63 
 Femme Osage: Thomas Smith, 64 Daniel Boone 05 
 Upper Cuivre : Christ : Clark 66 
 Lower Cuivre: Jonathan Weeds 67 
 
 55 Modern Caruthersville. 
 
 se Frangois Le Sieur was commandant of Little Prairie in the Spanish 
 regime. 
 
 57 He settled at Matthews Prairie (Prairie Carlos), the site of modern 
 Charleston, Mississippi County, in 1800. 
 
 58 This Frangois Le Sieur was an early inhabitant of Portage des 
 Sioux, and was an extensive landowner. 
 
 59 Ebenezer Ayres settled at Portage des Sioux during the Spanish 
 regime. The first Presbyterian sermon preached north of the Missouri 
 is said to have been delivered at his house. In 1804 he was appointed 
 justice of the peace. He served as an ensign in the St. Charles County 
 regiment during the War of 1812. 
 
 eo Francois Duquette was a French-Canadian. He lived for a time 
 at Ste. Genevieve and in 1796 moved to St. Charles, where he became a 
 prominent trader, merchant, and landowner. Duquette's mill built in 
 an old circular stone fort was one of the landmarks of St. Charles. 
 
 si Antoine Janis was an extensive landholder of St. Charles. 
 
 62 Dr. Cottle was one of the first American settlers north of the 
 Missouri. 
 
 63 in 1797 he lived at St. Charles and owned slaves. In 1803 he was 
 appointed commissaire and syndic of the Riviere aux Cuivre district. 
 
 64 He was an extensive landowner as early as 1799. 
 
 65 The famous Kentucky frontiersman settled on the Femme Osage 
 in 1799. A year later he was commandant of the district. 
 
 66 About 1800 Christopher Clark settled on the Cuivre River. In 
 1818 he was elected to the territorial assembly from St. Charles County. 
 
 67 He settled on the Cuivre River in 1802. 
 
328 The Life and Papers of Frederick Bates. 
 
 Henry Hight Notary Public for the District of St. 
 Charles for 5 Years. 
 
 [Aug.] 1. Mackay Wherry 68 impowered to admr Oaths 
 Dt. St. Charles 
 
 12th Jno. Andrews Lt. of a Voir. Infantry Company in 
 Dt. of St. Genevieve vice Armstrong 69 deed. 
 
 Anthony Haden 70 & Thomas C. Scott impowered to 
 admr. Oaths, for the District of Cape Girardeau 
 
 Richard Jones Waters & Joshua Humphreys empow- 
 ered to admr. Oaths Dt. of New Madrid. 
 
 16. Otho Shrader & Thos. Oliver impowered to adminis- 
 ter Oaths for the District of St. Genevieve. 
 
 Aug 28 Thomas F. Eiddick Clerk of the Courts of Com- 
 mon Pleas, Q Sessions and of Oyer and terminer for 
 the District of St. Louis. — 
 
 Thomas Oliver Clerk of the Courts of Common Pleas 
 Q Sessions and Oyer and Terminer for Dt. of St. Gene- 
 vieve 
 
 Thomas C. Scott Clerk of sd. Courts, Dt. of Cape 
 Girardeau 
 
 Joshua Humphreys Clerk of sd. Courts Dt. of New 
 Madrid 
 
 Sep 1. Robert Spencer Clerk of sd. Courts Dt. of St. 
 Charles 
 
 Thomas Oliver Notary Public for Dt. St Genevieve 
 for five years vice Fenwick resigned 
 
 68 Dr. Wherry was a Pennsylvanian. In 1798 he received a grant for 
 a sugar plantation on the Cuivre River. In 1800 he was living at Portage 
 des Sioux. He was sheriff of the District of St. Charles in 1805 and in 
 1808 was captain of the St. Charles troop of horse. 
 
 69 Probably Abraham Armstrong who claimed the "Armstrong Dig- 
 gings" in the Ste. Genevieve District. 
 
 70 Anthony Hayden was an attorney. 
 
The Regime of Governor Lewis. 329 
 
 Thomas Oliver Eecorder of the Dt. St. Genevieve 
 during pleasure vice Fenwick resigned 
 
 Stephen Byrd Coroner — Dt. Cape Girardeau 
 John Hawkins Coroner Dt. St. Genevieve 
 
 26 Jeduthan Kendal [1] appointed Maj 3d Bat 1st Regt. 
 
 Richard G Bibb Captain of a Volunteer Company of 
 Riflemen 2d Bat. 2d Regt. 
 
 Joseph Perkins Lieut Job Westover Ensign of sd. 
 Company 
 
 28 Mary P. Le Due Adjt. 1st. Regt. 
 
 Oct 1. Robert Blair Justice of the Peace, township of 
 Cape Girardeau, District of Cape Girardeau. 
 
 3d John Perry Justice of the Peace for the township of 
 Briton district of St. Genevieve 
 
 9 Thomas Comstock, 71 Justice of the Peace for the 
 township of Joachim, District of St. Louis 
 
 James Rankin Captain of a Company of volunteer 
 mounted Riflemen — 3d Bat : 1st Regt. 
 
 14 Joseph Tucker 72 Justice of the Peace for the town- 
 ship of St. Genevieve Dist: of St. Genevieve. 
 
 23 William Russell Justice of the Peace for the town- 
 ship of St. Louis, Dt. of St. Louis declined to accept — 
 stated his reasons at large. 
 
 Dec 14 Alexr. McNair Commissioner of Rates & Levies 
 for the district of St. Louis, till 15th Aug 1809 vice 
 Pratte 73 resigned 
 
 7i Comstock left Kaskaskia in 1784. In 1795 he was living on the 
 Plattin in the Ste. Genevieve District. 
 
 72 in 1801 Joseph Tucker, Sr., was living on the south fork of the 
 Saline, as did his son, Joseph Tucker, Jr. 
 
 7 3 Bernard Pratte. 
 
330 The Life and Papers of Frederick Bates. 
 
 David Delaunay do. do. till 15 Aug 1808 vice 
 Ward 74 — time e[xpired] 
 
 20 Eli B. Clemson appointed Justice of the Peace for 
 the township of St. Ferdinand Dt. of St. Louis 
 
 Eysdon H Price 75 appointed Justice of the Peace for 
 the same township — Eesigned 8 March 1808 
 
 1808 
 
 Jany 8 William Keed sen [sic] Appointed a Justice of the 
 Peace for the township of Belleview Dt. of St. Gene- 
 vieve 
 
 10 Joshua Humphreys Comr. of Rates and Levies for 
 Dt. of New Madrid till 10th Jany 1811 
 
 Obadiah Woodson Comr. of Pates & Levies, Dt. New 
 Madrid till 15th Aug 1809 vice Rd. J Waters deed. 
 
 Joseph Hunter, Appointed Judge of the Court of 
 Com: Pleas & Q Sessions, for Dt. of New Madrid for 
 good behavior during 4 Years. 
 
 Michael Amoureux — impowered by Dedimus to 
 admr. Oaths in the Dt. of New Madrid. — 
 
 20 James Mackay Justice of the Peace for the township 
 of Bon Homme, Dt. of St. Louis. 
 
 Richard Caulk impowered to administer Oaths in the 
 township of Bon Homme Dt. of St. Louis 
 
 24 James McCulloch 76 appointed a Justice of the Peace 
 for the township of Joachim, Dt. of St. Louis. 
 
 29 Samuel Solomon appointed Coroner of the Dt. of St. 
 Louis, vice Sullivan resigned — declined to accept 
 
 74 Probably John Ward who came to Upper Louisiana with Colonel 
 Morgan. 
 
 75 A member of the first Episcopalian church in St. Louis. 
 
 76 He was living at New Madrid in 1792. During the War of 1812 
 he was a captain in the St. Louis County regiment. 
 
The Regime of Governor Lewis. 331 
 
 Feby 1 John Coons Appointed Coroner of Dt. of St. Louis 
 
 29 Saml. Hammond jr Appointed Sheriff of the Dt. of 
 New Madrid vice Geo Wilson — declined to Accept 
 
 By His Excellency Meriwethek Lewis 77 
 1808. 
 
 March 11. Thomas Comstock appointed Lieutenant of 
 Captain Rankin's Compy. of mounted Riflemen 
 William Gibson 78 appointed Ensign of Ditto 
 John Steward 79 appointed Burser of ditto 
 Benjn. Baker Adjustant & Pay Master 3 Bat: 1 Regt. 
 
 15 Joseph Mc Ferron appointed Clerk of the Courts of 
 Com Pleas, Q Sessions and of Oyer and Terminer Dt. 
 of Cape Girardeau, vice Thos. C. Scott removed 
 
 16 Joseph Mc Ferron impowered to admr. Oaths of 
 Office in the Dt. of Cape Girardeau 
 
 Bernd. Pratte impowered to administer Oaths in and 
 over the Territory of Louisiana. 
 
 April 4 Elijah Goodrich Appointed Justice of [the] 
 Peace for the township of St. Charles Dt. of St. 
 Char[les] 
 
 John E. Hart appointed Sheriff of the Dt. of New 
 Madrid, vice Hammond jr declined to accept 
 
 Mackay Wherry appointed Captain of a troop of 
 Cavalry in the Dt. of St. Charles 
 
 Joseph Beaty appointed Lieutenant of ditto 
 
 James Callaway appointed Cornet of ditto 
 
 7 7 See note 2, above. 
 
 7 8 In 1801 he was living in the Tywappity Bottom. 
 
 79 Stewart came to Upper Louisiana with Colonel Morgan. In 1798 
 he was living in the Bon Homme district and the following year on the 
 Grand Glaise. 
 
332 The Life and Papers of Frederick Bates. 
 
 Benj Allen 80 appointed Burser of ditto 
 
 [Blank] Judge of the Court of Com Pleas & Q 
 Sessions for Dt of New Madrid, good behavr. 4 Ye[ars] 
 
 Andrew Scott 81 Justice of the Peace for township of 
 Big Prair[i]e, Dist of New Madrid 
 
 Thomas Evans Justice of the Peace for the township 
 of New Madrid, Dist of New Madrid 
 
 [Blank] Justice of the Peace for the township of 
 Little Prair[i]e, Dist of New Madrid. — 
 
 Mackay Wherry Captain of a Troop of Cavalry in 
 the District of St. Charles 
 
 Joseph Beaty Lieutenant of ditto 
 
 James Calloway Cornet of ditto 
 
 Benjamin Allen Burser of ditto 
 May 16 Joseph Lewis 82 Sheriff of the District of New 
 Madrid vice John E. Hart declined to accept. 
 
 Eobert Mc Kay Coroner of the Dist of New Madrid 
 
 John Baptiste Olive 83 Treasurer of New Madrid 
 
 Thomas Clarke 84 Justice of the Peace for the town- 
 ship of Tywappity Dist of New Madrid 
 
 Joseph Lafernait 85 Justice of the Peace for township 
 of New Madrid District of New Madrid 
 
 so His residence was near the site of the Sink-hole Battle which was 
 fought near Fort Howard. 
 
 si He lived near New Madrid in 1798 and at Big Prairie in 1799. He 
 was clerk of the assembly (1816-1819), and in 1817 was a trustee of the 
 Potosi academy. 
 
 82 In 1796 he was living at Big Prairie. 
 
 83 Jean Baptiste Olive was a native of France. He first settled at 
 New Madrid where he became sub-lieutenant of militia. In 1797 he 
 settled on Open Lake near Portage Bay. In 1805 he was a justice of the 
 peace. 
 
 84 in 1802 Thomas Clark or Clarke was living in the Tywappity 
 Bottom. 
 
 85 Joseph Laferney or Lafresniere in 1799 was a merchant at New 
 Madrid and a large landowner. 
 
The Regime of Governor Lewis. 333 
 
 John E. Hart Lt. Colo. Comdt. of 5 Regiment 
 Stephen Ross Major 1 Bat 5 Regt. 
 James Trotter 86 Captain 1 Bat 5 Regt. 
 Robert Trotter 87 Lt. 1 Bat — 5 Regt. 
 Amos Rawls 88 Captain 2 Bat 5 Regt. 
 Franklin J. Smith 89 Surgeon 5 Regt. 
 Joseph N. Amoureux Pay Master 5 Regt. 
 Joseph Jacobs 90 Quarter Master 5 Regt. 
 Thomas Ward Caulk Lt. 2d Bat 5 Regt. 
 James Faris Ensign 2 Bat 5 Regt. 
 
 17 Alexr. McNair Aide De Camp to the Comr. in Chief 
 with the rank of Major. 
 
 LICENSES TO TRADE WITH THE SEVERAL IN- 
 DIAN NATIONS WEST OF THE MISSISSIPPI RIVER 
 OCTOBER 1, 1807— MARCH 31, 1808 91 
 
 Date To whom granted Remarks 
 
 Octobr. 11 James & Jesse Morrison With the Ottos 
 
 5 Jno. B. Mathurin On the Osage River 
 
 10 Joseph Gravier*^ On the St. Francois and Blanche 
 
 River 
 
 Joseph Mitchell 5 Licenses — Viz. 
 
 2 on the Blanche River 
 1 on Arkansas River 
 1 at Camp L'esperance 
 1 on the St. Francois River 
 
 8« He was living on Fish Lake in the Tywappity Bottom as early as 
 1802. 
 
 87 An ensign in the Mounted Riflemen in the War of 1812. 
 
 ss As early as 1801 he was living on Lake St. Mary near New Madrid. 
 
 8» In 1799 a Francois Smith was living on Ramsay Creek, sixty-five 
 miles north of St. Louis. 
 
 so In 1802 he was living on the Pemiscot Bayou north of Little 
 Prairie. 
 
 9i Original in the Department of State, B. R. L., 3446. 
 
 92 Gravier was an early inhabitant of New Madrid. 
 
334 The Life and Papers of Frederick Bates. 
 
 Date 
 
 Nov 
 
 To whom granted 
 
 Remarks 
 
 .4 Louis Coignard^ 
 
 4 Licences viz. 
 
 
 1 on the St. Francois River 
 
 
 1 on White River 
 
 
 1 on Arkansas River 
 
 
 1 at Little Prairie 
 
 5 Robert Deeckson^ 
 
 with the Sioux and Iowas 
 
 9 Bazil Prouls9« 
 
 with the Osage 
 
 Antoine B. Bois 
 
 with the Sacs 
 
 Secretary's Office 
 April 1. 1808 
 
 Frederick Bates 
 
 EOBERT DICKSON TO BATES 
 
 Prairie du Liard 96 April 1. 1808 
 
 Dear Sir 
 
 I had the honor of addressing you by Mr. Dorrion on 
 the 30th ult. since when the Sacque Chiefs Qusquammi 
 and Peau Blanch have arrived, in Company with Mr. Boil- 
 vin — the Sacques have made apolgys for the Manner in 
 which they at first talked of the Government — Their Quar- 
 rell with the Aioways gives them serious uneasiness, Mr. 
 Boilvin has done every [thing] in his power to accomodate 
 
 93 Coignard was a militia officer at St. Louis in 1798. In 1800 he 
 became a merchant at New Madrid. 
 
 94 Robert Dickson, the famous British agent during the War of 1812. 
 
 95 Bazil Proulz. 
 
 96 Marais des Liards, modern Bridgeton, a station on the Wabash 
 Railroad. It was laid out by Robert Owens, the survey and plat being 
 made in 1794 by Maturin Bouvet. It was also known as Village a Robert. 
 
The Regime of Governor Lewis. 335 
 
 Matters and has hitherto prevented them shedding Blood. 
 Should War take place between these two small nations it 
 will tend to render the Navigation of the Mississippi dan- 
 gerous for single Voitures, and the Sacques seek for the 
 friendly hand of Government to interpose its aid in facili- 
 ting an Accomodation — They repose full confidence in the 
 Governors humanity and his wish to assist his Children 
 in distress. 
 
 A RECEIPTED BILL 
 
 Frederick Bates Secretary of the Territory of Louisiana, 
 
 To William Christy Dr. 
 
 To the hire of a room as a Secretary's Office 
 from the 1st day of April 1807 till 31st day of 
 March 1808 — 12 Mos. at $10 $120.00 
 
 To Fuel for sd. Office 153 days during the above 
 term at $.25 c Per day $38.25 
 
 To Candles for 12 months for sd Office 16.00 
 
 54.25 
 
 $174.25 
 
 Reed. April 1st 1808 of Frederick Bates Secretary of the 
 Territory of Louisiana, the sum of one hundred and sev- 
 enty four dollars and twenty five cents in full of the above 
 account 
 
 Witness Signed duplicates. — 
 
 Tho's. F. Riddick W Christy 
 
336 The Life and Papers of Frederick Bates. 
 
 AN ORDER FOR BOOKS 
 
 Ap 8. '08 — Desired Messrs Falconer & Comegys to bring 
 me from Baltimore the following Books — 
 
 Dallas m Reports — Washington 's 98 Reports — Bur- 
 row V 9 Reports 
 
 Gilberts 100 Law of Evidence — Impey's 101 Practice. 
 Lilly's 102 Entries 
 
 Boccaria 103 on crimes & punishments 
 
 Also. Humes 104 Hist of England without continuation 
 
 97 Alexander James Dallas, Reports of Cases ruled and adjudged by 
 the Courts of the United States and of Pennsylvania, before and since the 
 Revolution. 4 vols. Philadelphia, 1790-1807. 
 
 98 Bushrod Washington, Reports of Cases argued and determined in 
 the Court of Appeals of Virginia. 2 vols. Richmond, 1798-1799. 
 
 99 Sir James Burrow, Reports of Cases adjudged in the Kings's Bench 
 . . . [from Michaelmas term, 30th George II, 1756, to Easter term, 
 12th George III, 1772.] 5 vols. London, 1766-1780. 
 
 ioo sir Geoffrey Gilbert, The Law of Evidence. The first edition ap- 
 peared in 1761. It was afterward enlarged and ran through many editions. 
 
 ioi John Impey published many legal treatises. His books contained 
 the first systematic account of the practice of the two great common law 
 courts. In 1782 he published The new Instructor Clericalis, stating the 
 Authority, Jurisdiction, and Practice of the Court of King's Bench. In 
 1784 he brought out The New Instructor Clericalis, stating the Authority, 
 Jurisdiction, and Practice of the Court of Common Pleas. 
 
 102 John Lilly, Modern Entries: being a Collection of select Pleadings 
 in the Courts of King's Bench, Common Pleas, and Exchequer. 2d Edi- 
 tion, London, 1741. 
 
 103 Beccaria's famous work On Crimes and Punishments was first 
 published anonymously at Leghorn in 1764. "The work is associated, 
 above all, with the abolition of torture." See Coleman Phillipson, The 
 Criminal Law Reformers, 3-106. 
 
 104 The first volume of David Hume's History of England appeared 
 in 1754. It was long considered the standard history. 
 
The Regime of Governor Lewis. 337 
 
 Blair's 105 Lectures on Belles Lettres 2 vols. 
 Travels of Anacharsis the younger into Greece 100 
 
 TO JAMES HOUSE 
 
 Sir, St. Louis 14 April 1808 
 
 Your letter enclosing that of Mr. Sibley 107 was handed me 
 this afternoon by Mr. McLanahan. 108 
 
 On the receipt of the Orders of the Secy of War in rela- 
 tion to the differences of the Factory, I informed him of the 
 absence of Genl. Clark, and of my determination, not to 
 commence alone an Enquiry entrusted to us both. He will 
 not now expect to hear from me, on those subjects. 
 
 Had we been ordered to report the evidence only, I might 
 have conceived myself justified, from the urgency of the 
 case, in complying with the requests of Mr. Sibley; but 
 after having been associated with Genl. Clark in this busi- 
 ness, it would be improper for me to form opinions, as we 
 are required to do, without his participation. 
 
 I reenclose the letter of Mr. Siblev. 
 
 A PROCLAMATION 109 
 
 Whereas, the detached and scattered population of many 
 parts of this territory, renders it extremely inconvenient 
 
 105 Hugh Blair was a Scotch divine, who belonged to the literary 
 circle of Adam Smith, Hume, and Robertson. His lectures were feeble 
 in thought, but written with a certain elegance of style which expressed 
 the canons of taste of the time of Addison, Pope, and Swift. 
 
 loe Jean Jacques Barthelemy published Travels of Anacharsis the 
 Younger in Greece in 1788. 
 
 107 George C. Sibley, assistant factor at Bellefontaine. He was soon 
 appointed factor at Fort Osage. 
 
 losjosiah McLanahan. 
 
 109 Original in Department of State, B. R. L., 3449. 
 
338 The Life and Papers of Frederick Bates. 
 
 and almost impracticable, for the public functionaries 
 thereof, duly to execute the laws: and whereas the spirit 
 of emigration evinced by some of the inhabitants of the 
 said territory seems to threaten an increase of those diffi- 
 culties, by removing and establishing themselves at a dis- 
 tance from the existing settlements: and whereas our pre- 
 carious standing at this moment with certain Indian Tribes 
 on our frontier, renders it expedient that our settlements 
 should be as perfectly connected as existing circumstances 
 will permit: Therefore to maintain the sovereignty of the 
 laws by causing them to be executed with promptness and 
 effect, and to enable the Citizens of the Territory more 
 effectually to resist and punish the unprovoked aggressions 
 of our lawless and savage neighbors, I have thought proper 
 to issue this my proclamation, prohibiting all persons 
 whomsoever, under the penalties of the law, from estab- 
 lishing dwellings on, or cultivating the Lands of the United 
 States, to which the Indian Title may or may not have 
 been extinguished, lying northwardly, westwardly and 
 southwardly of a line commencing on the Mississippi, at 
 the mouth of the river Jefferson, thence up the same thirty 
 miles; thence a direct course to intersect the Missouri, at 
 its confluence with the Gasconade; thence up the Gascon- 
 ade, one hundred miles; thence a direct line drawn south 
 east to strike a principal fork of the river St. Francis, 
 taking for such stream, the first branch of the said fork, 
 which the line may meet in its course; thence down the 
 same and with the main river to a point sixty miles within 
 the same from its junction with the Mississippi estimating 
 its meanders; thence a direct line to strike the river Ar- 
 kensas, one hundred and forty five miles, with its meanders, 
 above its confluence with the Mississippi, and down the 
 same to the last mentioned river. 
 
The Regime of Governor Lewis, 339 
 
 And I do hereby require and command all persons who 
 are now residing within the territory of Louisiana, on the 
 lands of the United States for the purposes aforesaid, be- 
 yond or without the said boundary line to return within 
 the same, or to remove from the said lands, by the 15th 
 day of June next, or otherwise they will be dealt/ with 
 according to law. I do appoint, authorize and impower 
 the several Sheriffs of the Territory of Louisiana, within 
 the limits of their several districts to perform the duties 
 of Marshals within the limits of the same, so far as those 
 duties are required by this proclamation. — And I do fur- 
 ther charge, require and command, the said Sheriffs, in 
 their several capacities as Marshals, within the limits of 
 their respective districts aforesaid to give legal notice, 
 without loss of time, to all persons who are now residing 
 beyond or without the line before mentioned, or who may 
 hereafter attempt to reside without or beyond the same to 
 remove forthwith from the sd. lands of the United States 
 in conformity with the spirit and meaning of this Procla- 
 mation: and that they the said Sheriffs do, each of them, 
 make a special return to the Governor of this territory, 
 expressive of the names and local situations of the persons 
 thus noticed as soon thereafter as possible in order that 
 measures may be taken for the removal of such as may 
 fail to comply with the injunctions of this proclamation: 
 Provided, nevertheless that no prohibition, injunction, 
 requisition or command herein contained, shall apply to or 
 otherwise affect any citizen of the United States or other 
 person, who may have been, or who may hereafter be 
 authorized by a written license from the Executive of the 
 United States, or the Governor of this territory for the 
 time being, to reside beyond the line, herein before men- 
 tioned, for any specific purpose. — For the information of 
 
340 The Life and Papers of Frederick Bates. 
 
 such persons as are unacquainted with the laws, providing 
 for the punishment of unauthorized settlers on the Lands 
 of the United States within the territory of Louisiana, I 
 have thought proper to subjoin the latter part of the 14 
 Section of an act of Congress passed the 26th of March 
 1804 entitled 'An Act erecting Louisiana into two terri- 
 tories, and providing for the temporary government 
 thereof which was continued in force by the 8th Section of 
 an act, bearing date of the 2d of March 1805, entitled 'An 
 Act further providing for the government of the Territory 
 of Orleans', and which said latter part of the 14 Sec pro- 
 vides as follows to wit 'That if any citizen of the United 
 States or other person shall make a settlement on any 
 lands, belonging to the United States within the limits of 
 Louisiana, or shall survey or attempt to survey such lands, 
 or to designate boundaries by marking trees or otherwise, 
 such offender shall, on conviction thereof, in any court of 
 record of the United States, forfeit a sum not exceeding 
 one thousand dollars, and suffer imprisonment not exceed- 
 ing twelve months: And it shall moreover be lawful for 
 the President of the United States to employ such military 
 force as he may judge necessary to remove from lands 
 belonging to the United States, any such citizen or other 
 person who shall attempt a settlement thereon.' 
 
 In testimony whereof, I have caused the seal of the Ter- 
 ritory to be hereunto affixed. — Given under my hand at 
 Saint Louis, the twentieth day of April, in the year of our 
 Lord, one thousand, eight hundred and eight, and of the 
 Independence of the United States of America the thirty 
 second. 
 
 By the Governor Meriwether Lewis 
 
 ^ , _ Frederick Bates 
 Secy of Louisiana 
 
The Regime of Governor Lewis. 341 
 
 RICHARD BATES TO FREDERICK BATES 
 
 Cartersville Virga. May 4th. 1808. 
 
 The cause which has hitherto prevented my writing be- 
 ing removed, I hasten to transmit to the most loved brother 
 of my soul a certificate of my existence That I am alive, 
 and now in perfect health is most certain ; but it is not less 
 true that for months past until very lately, I have been so 
 affected by a violent nervous attack, as to be unable to use 
 my pen To this cause attribute my silence of late. Your 
 letters I presume have all come safely to hand, that in par- 
 ticular of the 1st of Oct. inclosing a bill on Mr. Gallatin 
 for 250$. was reed, in due time, the amount was paid to 
 me in Deer, last at the bank of Virga. with out deduction — 
 for this testimony of your affection and generous friend- 
 ship, words cannot express my gratitude — it is possible 
 that actions may in time to come Your lengthy and detailed 
 description of Louisiana is an invaluable acquisition to me, 
 it came to hand at a time most fortunate, for five weeks I 
 had been confined to my room, returning health was just 
 announced, long abstinence from all amusement bad cre- 
 ated a zest for every pleasure which I was capable of en- 
 joying I read your description of Louisa, with that par- 
 oxism of delight with which the love-sick maid pours over 
 and devours the epistle of the youth of her hearts choosing 
 who has gone to fight his country's battles it shall be pre- 
 served with special care, and over, and over again, I will 
 peruse it I have never yet informed you of the change of 
 my residence You will hereafter derect your letters to 
 this place, I live with my friend Mr. Walton my prospects 
 of success I think are better here than in either Goochland 
 
342 The Life and Papers of Frederick Bates. 
 
 or Richmond. Nothing however can be done hereabouts 
 whereby money is to be made, since the commencement of 
 the Embargo Most of the courts in which I practice refuse 
 to sit for the trial of the causes depending before them, 
 they alledge the inability of the farmers to sell their pro- 
 duce to be a sufficient justification of their refusal to render 
 judgment for debts against them Though such conduct 
 cannot be justified upon principle, my fellow feeling and 
 sympathy for the distresses of unfortunate debtors, com- 
 pel me to excuse it. — You will perhaps expect me to ex- 
 press my sentiments upon the weighty matters which now 
 shake our nation and its government. I must pass over in 
 silence national affairs, if arraigned for it, my only plea 
 must be Non sum informatus The contest between Mad- 
 ison and Monroe for the next presidency has agitated the 
 public mind in this state, much more than our foreign rela- 
 tions — the rejected British treaty, and the official corre- 
 spondence relative to it are canvassed & animadverted 
 upon by the partizans of each only for the elevation or 
 depression of these two illustrious characters it seems to 
 me that Madison will be generally supported by the cool 
 firm & unwavering republicans in the state The Demo- 
 cratic demagogues, the tories & British hirelings and the 
 Renegadoes from every quarter rally round the standard 
 of Monroe it is much to be lamented that these great men 
 should be competitors 
 
 In your last letter which covered the second part of your 
 draft on Mr. Gallatine you mentioned that Gov. Lewis 
 would shortly be with you, his arrival I suppose will ease 
 your shoulders of the burden of government I congratulate 
 you on this exemption from anxiety & responsibility — In 
 another of your letters you have remarked that I never 
 
The Regime of Governor Lewis. 343 
 
 speak of Miss M. . . for reasons most special I have to 
 request that you will never more mention that name to me, 
 and if possible never again think of it in relation to me — 
 It has been so long since I have been in the habit of writing 
 that circumstances which some months ago would have 
 been used as fit matter for a latter [sic] are omitted in this, 
 because not remembered in the noise and confusion admid 
 which I am forced to write — I was about to conclude with- 
 out expressing my joy at the happy termination of your 
 difference with judge G. I will now conclude with a prayer 
 that you may steer clear of future quarrel in your adopted 
 savage land, and should you be engaged in another, it may 
 terminate in the same bloodless manner as that with the 
 judge. Farewell 
 
 TO ALBERT GALLATIN 
 
 SlR St. Louis May 24. 1808 
 
 I had the honor on the 1st of April last to transmit an 
 account of the Contingent Expenses of the Secretary's 
 Office for the preceding year amounting to the sum of 
 $302.75 Cents and have this day taken the liberty of draw- 
 ing for that sum in favor of Messrs. Falconer & Comegys. 
 
 It was not my intention to have made this draft until 
 specially permitted; but the obligation under which I feel 
 myself to bear alone and in advance the expenses of a 
 circuit as one of the commissioners to the southern Dis- 
 tricts, induces me to hope that you will have the goodness 
 to order this Bill Paid and Errors (should there be any) 
 corrected in some subsequent settlement. 
 
344 The Life and Papers of Frederick Bates. 
 
 TO JOHN B. TREAT 110 
 
 SlR St. Louis May 26. 1808 
 
 I am instructed by his Excellency Govr. Lewis, to in- 
 form you that, in consequence of the late hostile conduct 
 of the Osage Indians, he has declared them out of the 
 protection of the United States, and interdicted every 
 kind of commercial intercourse with them. 
 
 Their conduct has been so contrary to what our Govern- 
 ment had a right to expect, that there remains little hope 
 of a friendly adjustment of the existing differences. Their 
 aggressions have been equally unprovoked and unex- 
 pected. 
 
 The Traders lately residing at the Osage Towns and 
 the Black Smith established among them by order of the 
 President have all been recalled, as well to remind them, 
 by privation, of that protection which they have for- 
 feited; as to render the chastisement which may hereafter 
 be inflicted more easy and certain. 
 
 His Excellency relies greatly on your assistence in car- 
 rying into effect those prohibitions which have grown out 
 of the present exigency, and desires, that you will prevent, 
 as far as it is possible to be done, all Boats or other craft 
 from ascending the Arkansas, or its waters, for the pur- 
 poses of trade with those refractory People and that, for 
 this purpose, you will employ those effectual or salutary 
 rigours, wch. the law regulating intercourse injoins. — 
 All persons must be arrested who attempt to carry on a 
 correspondence with them. 
 
 no The superscription was omitted, but the content of the letter seems 
 to justify the conclusion that it was addressed to John B. Treat, the 
 United States Indian agent on the Arkansas. 
 
The Regime of Governor Lewis. 345 
 
 The President has occasionally invested confidential 
 persons remote from the seat of the Louisiana Govern- 
 ment with the power to grant Licences for Indian Trade. 
 If such a power exists at Arkansas, his Excellency has 
 never been advised of it and, forbids its future exercise, 
 as relates to the Osages. 
 
 In cases of arrest, the delinquent must be conveyed to 
 the proper civil, authority: He is not to suffer unneces- 
 sary harshness of treatment, and by no means to be re- 
 strained in his person more than five days before the 
 commencement of his journey. 
 
 A RECEIPTED BILL 
 Frederick Bates Esq. 
 
 in acc't with W Christy Dr 
 
 1808 — 
 
 Apl. 1st. To Boarding & lodging from 1st 
 
 Apl. till the 1st June @ 18$ P. Mo... $36 00 
 
 To Rent of Room for Same time @ 10$ 20 00 
 
 To fire & Candles for Do 3 00 
 
 19 To 2 Bottles Porter 150— (28th) 1. Do 
 
 .75 2 25 
 
 May 1st To Keeping Horse 2 Weeks @ 
 
 2.50 5 00 
 
 To 2 Bottles Porter 1 50 
 
 2d To 3 Do Do 2 25 
 
 7 To 2 Do Do 150 (9th) 1. at Whist 75.... 2 25 
 
 14 To 1 Do Do 75. (19th) 1. ...Do....75 1 50 
 
346 The Life and Papers of Frederick Bates. 
 
 22 To 2 Bottles Porter 
 
 24 To 38 lb Bacon @ 12% Cts 
 
 To 2 tongus 50....4 lb Coffee @ 75....3.00 
 
 To 10 lb. Sugar @ 37%-..3.75....1. Coffee 
 Pot. 87% 
 
 To 1 Cannister 150...-1 Tin cup 25 
 
 To 1 Pitcher 75.. ..4 Tincups 100 
 
 To 6 Plates 100...J5 Spoons 1.25 
 
 To 4 Knives & forks 
 
 To 3% lb. Chees 
 
 To 8 lb. fish @ 50 cts 
 
 a Pair of Dble Blankets 
 
 106 12% 
 St. Louis, May 26th 1808 
 
 Reed the above am't of one hundred & six Dollars 12% 
 Cts. in full of the above acc't 
 
 W Christy 
 
 1 50 
 
 4 75 
 
 3 50 
 
 4 62% 
 
 1 75 
 
 1 75 
 
 2 25 
 
 75 
 
 50 
 
 95 12% 
 
 4 
 
 $99 12% 
 
 7 00 
 
 END OF VOLUME I 
 
UNIVERSITY OF ILLINOIS URBANA 
 
 977.8B31L C002 V001 
 
 THE LIFE AND PAPERS OF FREDERICK BATES S 
 
 3 0112 025402881