claimed by the United States. It was hoped, sir, that pending the negociations between our respective governments, for an amicable adjustment of the limits of Louisiana, that no additional settlements would be formed, or new military positions assumed by either power within the disputed territory; a policy which a conciliatory disposition would have suggested, and justice sanctioned; but since a contrary conduct has been observed on the part of certain officers of his catholic majesty, they alone will be answerable for the consequences which may ensue. The above proceeding, sir, is not the only evidence of an unfriendly disposition which certain officers of Spain have afforded; I have to complain of the outrage lately committed by a detachment of Spanish troops acting under your instructions, toward Mr. Freeman and his party, who were ascending the Red river, under the orders of the President of the United States. Mr. Freeman and his associates were navigating waters which pass through the territory ceded by France to the United States; they were navigating a river on which the French had formerly made settlements far beyond the place where they were arrested; a fact of great notoriety, and in support of which, the testimony of several citizens residing at and near the post of Natchitoches can be adduced. But nevertheless, Mr. Freeman and his party were assailed by a battalion of Spanish troops, and commanded to return; a proceeding the more exceptionable, since the objects of Mr. Freeman, were merely scientifick, having in view nothing hostile to Spain; objects which were long since communicated by me to his excellency the marquis of Cassa Calvo, and which through him, I presume, must have been made known to the governour general of the province of Texas. This detachment of Spanish troops, whose movements. I learn are directed by your excellency, did, on their march,commit another outrage towards the United States, and of which it is my duty to ask an explanation. In the Caddo nation of Indians the flag of the United States was displayed, and commanded from the chief, and warriors, all the respect and veneration, to which it is entitled. But your troops are stated to have cut down the staff on which the pavillion waved, and to have menaced the peace and safety of the Cados, should they continue their respect for the American gov ernment, or their friendly intercourse with the citizens of the United States. 1 experience the more difficulty, in accounting for this transaction, since it cannot be unknown to your excellency, that while Louisiana appertained to France, the Caddo Indians were under the protection of the French government, and that a French garrison was actually established in one of their villages; hence it follows, sir, that the cession of Louisiana to the United States, "with the same extent which it had when France possessed it," is sufficient authority for the display of the American flag in the Caddo village, and that the disrespect which that flag has experienced, subjects your excellency to a serious responsibility. I am unwilling to render this communication unnecessarily lengthy, but I must complain of another outrage, which has been committed under the eyes of your excellency. Three citizens of the United States, of the names of Shaw, Irvine, and Brewster, were seized by Spanish soldiers, within twelve miles of Natchitoches, and have been sent prisoners to Nacogdoches. I cannot suppose that this proceeding is unknown to your excelcellency, and I should be wanting in duty, did I not awail myself of the present occasion, to demand information as to the cause of their arrest and detention. There is still another subject on which I must address your excellency. It is reported to me, that several slaves, the property of citizens of the United States, have lately escaped from the service of their masters, and sought and found an asylum at Nacogdoches: I have seen the corres AMERICAN STATE PAPERS. pondence between your excellency and judge Turner upon this subject, and I learn your determination to await the orders of the governour general of the province of Texas; I will forbear, therefore, for the present, to press their immediate delivery to the order of their masters, but I must urge your excellency to discourage for the future, the escape of slaves from this to your territory, and I request that such as may repair to the bounds of your command, may be forthwith returned. Your excellency will readily perceive the cause of my solicitude on this subject. If fugitive slaves are to receive the protection of the Spanish authorities, the property of the citi zens of this territory is indeed insecure, and a good understanding between our two governments ought not, and cannot be preserved. During the last year I had a correspondence with his excellency the marquis of Cassa Calvo, (who was then at New Orleans) relative to some negroes who had escaped to Nacogdoches, and in consequence of the interference of the marquis, I am led to believe that they were restored; I was since officially informed by the marquis, that his conduct on the occasion was approved by his catholic majesty, and I consequently concluded that the mischief was at an end. It cannot, I presume, be unknown to the officers of his catholic majesty, that ministers from the United States have repaired to Spain, for the avowed purpose of amicably adjusting the existing differences: I should greatly regret, therefore, if any occurrences in this quarter should prevent that amicable arrangement, which the interest of each nation would advise. But if the officers of Spain should persist in their acts of aggression, your excellency will readily anticipate the consequences; and if the sword must be drawn, let those be responsible, whose unfriendly conduct has rendered it indispensible. Col. Henry Hopkins, the adjutant general of the militia of this territory, will have the honour to deliver to your excellency this communication, and to await your answer. I tender to your excellency the assurances of my great respect, and high consideration. (Signed) His excellency Governour Herrera, Or the officer commanding a detach- WM. C. C. CLAIBORNE. (COPY.) SIR, THE troops of the king, my master, which I have the honour to command, on this side of the Sabine, have no other object but to maintain good harmony between the United States and his majesty, and to preserve inviolate the territory which belongs to him. Major Freeman was navigating the Red river on that part of the territory which never belonged to the province of Louisiana, now appertaining to the United States, for which reason he was notified by the commandant of the troops to retrogade as far back as the country that did belong to them. I agree with your excellency, that all the territory which his catholic majesty ceded to France, belongs to the United States, but the Caddo Indians are not on that land, but at a great distance from it, and live now on the territory of Spain; for which reason it was notified to them, that if they choose to live under the government of the United States, they must go to the territory under their jurisdiction; but if they desired to remain where they were, it was required of them to take down the American flag. They consented not to abandon their village; but being more tardy than was conceived they might have been, in pulling down the flag, they (the Spaniards) were obliged to do it by force. The reason why I detained the three citizens of the United States was, because they were found, and on different days, observing, our positions and movements, and three several times that I questioned them, I observed they did not agree, as to their motives of visiting the place, but finally one of them told me they wished to establish themselves under the government of the king at St. Antoine, which determined me to send them to the governour of the province with an escort, as well on account of the distance of the road, as for having rendered themselves suspected persons. The detention of the runaway negroes of Louisiana at Nacogdoches, is an affair in suspense before the captain general of this province, who likewise will have knowledge of the motives why those were sent back whom your excellency cited. And for the better security of the matter, I shall send your letter which I received by colonel Hopkins, and who likewise will be the bearer of this. The troops of the king, neither from disposition nor character, will ever co-operate directly or indirectly in encouraging the emigration of negro slaves. For my part I assure your excellency that those I command will commit no hostility, which can frustrate the negociations now pending between our courts; but if I am provoked to it I shall endeavour to preserve the honour of my troops, and to fulfil the obligations with which I am invested, a duty which my character and that of my subalterns demands. I avail myself of this opportunity to offer your excellency my respect and consideration. (Signed) Spanish Camp, August 28, 1806. SIMON M. HERRERA. His Excellency governour Wм. C. C. CLAIBORNE. SIR, (COPY.) Natchitoches, Aug. 31, 1806. BY the return of colonel Hopkins I am honoured with your excellency's reply to my communication of the 26th instant. I continue of opinion that the advance of Spanish troops within a territory claimed by the United States, is evidence of an unfriendly disposition; nor can I perceive any thing in your excellency's letter, which can justify or extenuate the offensive conduct observed towards Mr. Freeman and his associates, or the indignity offered in the Caddo nation to the American flag. You have not denied, sir, that the French, when in possession of Louisiana, had established a garrison on Red river, far beyond the place where Mr. Freeman and his associates were arrested on their voyage, or that the Caddo Indians were formerly considered as under the protection of the French government. The silence of your excellency on these points, proceeds probably from a knowledge on your part of the correctness of my statements. I shall, however, touch no further on these transactions in my correspondence with your excellency, but will hasten to lay the same before the President of the United States, who will know what measures to direct when wrongs are offered to the American nation. I cannot, however, refrain from expressing my displeasure at the arrest and detention, under your excellency's orders, of three citizens of the United States, Shaw, Irvine, and Brewster; they are charged with no offence that would warrant imprisonment and transportation to St. Antonio. A state of actual war between our two nations could not have justified your conduct towards those unoffending citizens. I can venture to assert that the suspicions of your excellency, as to the objects of Shaw, Irvine, and Brewster, are unfounded; they certainly would have no particular inducements to notice the positions or movements of your troops. The fact, I believe, is, that these men were desirous of gratifying their curiosity, and wished your excellency's passports to visit St. Antonio. Under this impression, and from the circumstance that they were within the territory claimed by the United States, I deem it my duty to demand their release and speedy restoration to their country. It cannot be supposed that the distance to St. Antonio, or their personal convenience, occasioned the escort which attended them; they appear, on the contrary, to have been treated by your excellency as state prisoners, and as such, I have information of their having passed through Nacogdoches under a strong guard. Your excellency will recollect, that the subjects of his catholic majesty are daily in the habit of visiting the post of Natchitoches, and cannot but observe the position and movements of the American troops; they, however, are permitted to pass without molestation. A friendly and innocent intercourse between the citizens of the one and the subjects of the other power, has not as yet been interdicted by this government. I am persuaded therefore, that your excellency will see that the arrest of Shaw, Irvine, and Brewster, was premature, and that their detention is highly improper. I have no personal knowledge of these three men; they are American citizens, and of course under the protection of the government of the United States. In the name of that government therefore, I do now demand their release, and that they be restored to their country as soon as possible. Pending the negociations between our respective governments, I could wish that hostilities should not commence in this quarter; but if provoked to it by the unjust aggressions of the forces of his catholick majesty, the troops of the United States will endeavour to maintain their own and their country's honour. Lieut. Duforest, of the American army, is charged with the delivery of this letter to your excellency, and to bear me such answer as you may think proper to return. I renew to your excellency the assurances of my respectful consideration. WM. C. C. CLAIBORNE. (Signed) His excellency Governour Herrera. Extract of a letter from General Wilkinson to the Secretary of war, dated Head Quarters, Natchitoches, October 4, 1806. "I YESTERDAY morning received governour Cordero's answer to my address of the 24th ultimo, copies of which you have under cover. "The varied style of this letter, when contrasted with those of governour Herrara to colonel Cushing and governour Claiborne, combined to the cir"cumstance of the Spanish troops having re-crossed the Sabine, to a man, has induced me, on the ground of economy, and expediency also, to discharge the militia who had reached this place, and to countermand those under march; excepting about 100 dragoons and mounted infantry, whom I shall retain in service (until I am apprized of the determination of the captain general Saleeda) to watch the movements of our neighbours." Head Quarters of the army of the United States, SIR, AFTER the recent communications which have passed between his ex- · cellency governour Herrara, colonel Cushing, and governour Claiborne, and his reiterated repulsion of their reasonable and rightful demands; I will confess to your excellency, that naught but the very high and solemn obligations, which I owe to humanity, could vanquish the repugnance with which I now have the honour to address you; on a topick profoundly interesting to our respective nations, inasmuch as it may involve a question of peace or war. The differences of opinion which have prevailed concerning the contested limits of Louisiana having been submitted to amicable negociations by our respective sovereigns; the appeal to rational enquiry is an admission of the dubiosity of the right, and therefore, should prevent any change of military positions, posterior to the delivery of the provinces of Louisiana to the United States. The government of the American union, founded in right, and conducted by reason, has been instructed by the history of other times how to value the blessings of peace, and being unambitious of conquest, or military fame, is desirous to preserve a fair and friendly understanding with all the powers of the earth. Thus circumstanced, and under daily expectations of a favourable issue to the depending negociations, it would mark a sanguinary spirit, and be a most ungracious, and unwarrantable deed, were the military officers of either government by an act of precipitancy, to frustrate the benevolent views of pacifick discussion; and make way for the commencement of hostilities, whose final issue may baffle human foresight, but whose probable consequences would be scenes of revolution and bloodshed, offensive to humanity, and subversive of the general policy of nations. In this state of things, I am ready to pledge myself, that pending the negociations of the two countries, nothing shall be attempted against his catholick majesty's subjects, or territories, by the troops under my command; unless his officers should attempt, as they have already done, to innovate the "statagus" at the surrender of the province, by occupying new ground, or erecting new posts, or unless they should trespass on the rights of the citizens, or violate the sovereignty of these states; the former conduct will compel counter movements and occupancies, and the latter will not only justify recrimination, but will infallibly excite it, and thus hostilities may be produced, notwithstanding the peaceful dispositions of the high powers, to whom we are respectively accountable. When the troops of the United States took possession of this post, the Spanish commandant from whom it was received, did not define the limits of his jurisdiction; yet it was notorious that Nacogdoches formed the barrier post of the approximate province of Texas. It was known also, that controversies had existed between France and Spain, respecting the western limits of Louisiana, and we have been assured by Monsieur Laussett, the French commissioner, who delivered the province to the United States, that the pretensions of France went as far west as the Resdel Norte ; but we were not informed that any line of demarkation had ever been traced to partition these provinces. Whether such a line of territorial jurisdiction had ever been established or not, between the provinces of Louisiana and Texas, one had been rendered indispensible, by the sale of the former to the United States; for the administration of justice, the security of property, and the prevention of hos |