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498	Mississippi Historical Society.
this head, and was forthwith escorted to Washington by Mr. Poindexter and Major Shields.8
The arrival of Burr at Washington and his surrender to the civil authorities did not entirely remove the alarm that seems to have pervaded the Territory. A number of his own followers, many of whom were ignorant of his real designs, had dispersed themselves through the country, and among the citizens of the Territory there were some who, either fascinated by his talents and seductive address, or regarding him as a persecuted patriot, or influenced by the spirit of party, were disposed to sustain him. Some there were, of course, the vultures of society, who loudly maintained his cause because they were eager to unite in the scheme of rapine and plunder, which, it was supposed, he had in view. Rumors ? calculated to alarm the public mind continued to prevail. The late Henry Turner, then postmaster of this city, received a letter from the postmaster of Nashville stating that 2,000 of Burr?s men were on their way down the river, and the following, among other letters, was addressed to the acting Governor:
"Petit Gulf [now Rodney], 20th January, 1807.
"Sir?To-day Capt. W. Calvin, from Pennsylvania, informs me on an
oath, that twelve boats of Burr's are in two days? sail of this place, loaded
with arms, ammunition and provisions. When I heard your speech at
Coles Creek all my doubts were removed, and I am now satisfied that the
boats in our care at this place (viz., those Colonel Burr left there when he
surrendered himself) only wait the arrival of the rest. Your Excellency,
I	trust, will take such steps as will remove those from this place lower
down, to prevent their reinforcement. The number of men here under
my command is only twenty odd, and much worn out. I await your Excellency?s order.
?J. L. Patterson, Lieut.
"By order of Maj. Fleharty.?
On the same day the acting Governor thought it necessary to
address the following note to the senior military officer of the district:
"Washington, 20th Jan., 1807.
?Sir?Having heard that the house of Mr. --------------- is made the recep-
tacle of discontent, and finding a restlessness prevalent with certain characters, 1 advise you hereof, and authorize you to increase your guard, if you deem proper. Be vigilant. My reliance is on you. Direct Mr. Snider to supply thirty men at Fort Dearborn with rations for one week.
"Cowles Mead.?
?The sketch embraced between reference ?6? and ?8? was published
in the Free Trader and Gazette of November 12, 1841.
A Trip Through the Piney Woods.?Claiborne. 499
The excitement, however, still increased, and the Governor I deemed it his duty to resort to very strong measures, as the following order will show:
"Washington, Jan. 22d, 1807.
"Sir?Finding that some restless spirits are about who evince a hostile disposition to the views of the government, and favorable to the designs of a man now in the custody of the law, I have thought proper, from these causes, to order you to apprehend every person of this description and take them before a civil officer, where, if you can substantiate the same by affidavit, you will send them out here to Judge Rodney, under guard or otherwise, and aid on all occasions the civil authority in keeping the peace and coercing respect to the laws. You will, in this, pay every respect to the laws of your country, and require all others to do the same. The number of Burr?s friends requires much vigilance?their licentiousness must be curbed.
"Cowles Mead.
?To the Colonel commanding 1st Regiment M. M.?
Under this order a number of persons were seized at various
times, but subsequently discharged.
In the meantime, as soon as Colonel Burr reached the town of Washington, he was handed over to the custody of the law, and Mr. Poindexter, then Attorney-General, was called on for his written opinion as to the course to be pursued towards the prisoner. His opinion was that there was no evidence to convict Colonel Burr of any offense in the Mississippi Territory; that the Supreme Court of the Territory, to which a jury was about to be summoned, had no original jurisdiction of any prosecution, and could only take cognizance of points of law reserved at the trial in the Circuit Court; that, therefore, Burr ought to be sent under a sufficient guard to the city of Washington, where the Supreme Court of the United States would be in session and could direct the accused to be tried in the district where, from the evidences, it might appear that an overt act of treason had been committed. Judge Rodney, however, thought differently, and a venire facias was issued, requiring the attendance of seventy-six jurors at an adjourned session of the Supreme Court of the Mississippi Territory. From these a grand jury was selected, which was charged by Judge Rodney and adjourned until next day. On the following morning the Attorney-General moved to discharge the grand jury, 1st, because the court did not possess original jurisdiction in any case; 2d, because the depositions did not contain sufficient evidence


Claiborne, J.F.H Claiborne-J.F.H-017
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