William C. C. Claiborne: Profile of a Democrat Author(S): John D

William C. C. Claiborne: Profile of a Democrat Author(s): John D. Winters Source: Louisiana History: The Journal of the Louisiana Historical Association, Vol. 10, No. 3 (Summer, 1969), pp. 189-209 Published by: Louisiana Historical Association Stable URL: https://www.jstor.org/stable/4231072 Accessed: 02-01-2019 01:42 UTC

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This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms William C. C. Claiborne: Profile of a Democrat

By JOHN D. WINTERS

Professor of History, Louisiana Polytechnic Institute, Ruston, Louisiana.

William Charles Cole Claibome, a founding father of Lou- isiana, Tennessee, and Mississippi, is one of the most neglected men in American history. Today, more than 150 years after his death, no full biography of this outstanding champion of democracy has been published. While several studies of Clai- borne's public life have been written, no work has satisfactorily combined his political career with his private life.' As a man Claiborne still remains something of an enigma. Beyond the barest skeleton of facts, little is known of his personal life. For one who wrote such meticulous and voluminous official correspondence, it is strange that he left behind no di- aries and only a few personal letters concerning his private, well-ordered existence. William C. C. Claibome was largely a self-made man, who like Andrew Jackson grew politically with the frontier. He helped to shape frontier democracy, and as a staunch sup- porter of Jeffersonian republicanism, manifest destiny, and love of country he had few peers. He was a driving, ambitious man. He possessed a good

* Presidential address delivered at the eleventh annual meeting of the Louisi- ana Historical Association in Lafayette, Friday, March 21, 1969. 1 Several master's theses and a scholarly doctoral dissertation by Joseph Tennis Hatfield, "The Public Career of William C. C. Claiborne," Emory University, 1962, deal mainly with Claiborne's political life.

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This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 190 LOUISIANA HISTORY sense of time, place, and man. He cleverly managed to know the right people who could add to his knowledge and help engineer his political advancement. Outstanding accomplish- ment was his destiny and he was impelled toward success. Fortunately, his was an ambition tempered with sincerity, warmth, friendliness, and charm. The Claiborne family was first established in Virginia in 1622 by William Claiborne, younger son of a middle class English merchant. With little chance of advancement at home, he had migrated to America to seek his fortune. He served first as a royal surveyor of Virginia and later became a successful Indian fur trader. William Claiborne prospered and acquired large estates. Beginning his political career as Secretary of State, he later became a member of the Council of the colony. He was a clever, resourceful politician, a powerful man, and a champion of colonial rights and of personal liberty. Several decades later one of his many descendants, William Charles Cole Claiborne, was born in 1775 in Sussex County, Virginia, not far from Richmond. He was the son of Colonel William Claibome and Mary Leigh.2 Colonel Claiborne served in the American army during the Revolution and during his long absence the already poor family finances grew weaker. After the war, because of ineptness in business and lack of ambition, he lost the remainder of his inheritance and the family was reduced to a low economic status. Poor family provider or not, Colonel Claiborne was a kindly, loving father, full of wise platitudes and sage advice for his sons, especially concerning honor, freedom, and democratic government. William Claiborne taught his children at home, giving them a basic education. Later young William was sent to Richmond Academy, where he excelled. He was respected by his teach- ers for his diligence and enthusiasm. Every Saturday he studied the Bible and on Sunday he attended church.

2 Nathaniel H. Claiborne, Notes on the War in the South with Biographical Sketches of the Lives of Montgomery, Jackson, Sevier, the late Gov. Claiborne, and Others (Richmond, 1819), is the best single source of Claiborne's early years and occasionally gives a brief glimpse into his later personal life.

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William early determined that he would not follow in his father's floundering, poverty-laden footsteps. He was highly intelligent and was obsessed with the idea of success. He was driven by an insatiable desire to excel and to restore honor to the family name. He was a young man in a hurry, and hurry he did, achieving more in a short span than most men do in a life twice as long. At the age of fifteen the ambitious boy left school to seek quicker advancement in New York. Colonel Claiborne had gone deeper in debt to send William to Richmond Academy and this knowledge hurt the boy's pride. With only a few dollars in his pocket and a small satchel of clothing in hand, in the best Horatio Alger tradition, Wil- liam arrived in New York to make his own way in the world. He sought out a family acquaintance, Mr. John Beckley of Virginia, who was serving as a clerk in Congress. Young Claiborne was hired to copy acts and resolutions and to draft bills for various committees of Congress. His work required only half-a-day and in the afternoons he listened attentively to the Congressional debates, read political works, and studied French. His eager young mind soaked up everything and stored it away for the future. Having early acquired a fear of debts, he lived frugally and saved most of his wages. William was precocious, handsome, graceful, tall, and seemed older than his bare sixteen years. He talked well and possessed much polish and wit. Older ladies found him charming and he spent most of his evenings in their company acquiring greater poise and social grace. Congress soon moved to Philadelphia from the temporary capital in New York and William went along. There, as a clerk, he was befriended by Thomas Jefferson, then Secretary of State. More important to his immediate future was an acquaintance with General John Sevier, a congressional delegate from the Tennessee Territory. Sevier urged Claiborne to seek his fortunes in the new West. William Claibome, always searching for anything that would advance his meager formal education, became a member of a Philadelphia debating society. He soon acquired the trick of

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 192 LOUISIANA HISTORY excellent phrasing, voice modulation, and organized argument. With his success as a debater and with the advice of John Sevier, William decided to study law. He went to Rich- mond to read law in a judge's office. He spent his days in study and his nights in the company of the ladies. After only three months of sketchy sampling of the law, he took the Virginia bar examination, and to his surprise passed and was issued a license to practice. The young lawyer, barely twenty years of age, then left Virginia for the wilds of Sullivan County in the Tennessee Territory. Success was instantaneous. Lawyers, even those with as little formal training as Claiborne had, were few. It is re- ported that the eloquence of the young lawyer was so great that he often reduced juries to tears. His quick comprehen- sion, his goodness of heart, his willingness to ride on horse- back hundreds of miles through any weather to defend a case, and, above all, his success in court made his legal services much in demand. His fees grew larger and larger. Claiborne's child- hood fear of poverty made him save most of his money. For two years he set aside most social pleasures and devoted his time to the study and practice of law. By 1795 the territory of Tennessee had acquired a sufficient population to qualify for admission as a state in the Union. Young Claiborne was elected one of the five delegates to represent Sullivan County in the constitutional convention. It was at this Convention in early 1796, held in Knoxville, that Tennessee gained one of the most liberal state constitutions and Claibome began his political career. The new governor of Tennessee, General John Sevier, appointed his friend William Claiborne a judge of the Superior Court of Law and Equity although he was then only twenty- one. Acceptance meant the loss of his rich law fees, but for once Claiborne set aside monetary considerations and gladly entered his arduous task. Riding hundreds of miles he held court with local county judges and was paid $83.33 1/3 for each term of court attended. A few months later, greater opportunity beckoned, and, as

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms WILLIAM C. C. CLAIBORNE 193 usual, Claiborne was in the right place at the right time. An- drew Jackson suddenly decided not to seek re-election to the United States House of Representatives. Claiborne sought and won the vacant seat. Barely twenty-three years old, he was the youngest man in Congress. Claiborne served in the House from March 1797 to March 1801. During his first term, the young congressman rarely took part in debate. Instead he listened and learned all that he could and he consistently voted for all measures compatible with his democratic ideals. During the heated contest arising from the election of 1800, which produced a tie for the presidency between Thomas Jefferson and Aaron Burr and resulted in the disputed election being thrown into the House of Representatives for settlement, Claiborne supported the man who had befriended him when he was a clerk in Philadelphia, Thomas Jefferson. This support would not be forgotten by Jefferson. Between sessions of Congress, Claiborne took the long horse- back ride to Tennessee and married Miss Eliza W. Lewis of Nashville-a tall, graceful, and handsome young lady of some education and wealth. Duty took Claiborne back to Phila- delphia and eventually to the raw, new national capital on the banks of the Potomac, Washington, D.C. As a member of Congress, Claiborne served on several important committees, one of which was the Committee on Ter- ritorial Affairs. While working with this committee, a minor crisis developed over the organization and administration of the new territory of Mississippi. A serious misunderstanding had arisen between the people of Mississippi and their territorial governor, Winthrop Sargent. The rigid, aristocratic, conservative Federalist governor became unacceptable to the young, impetuous, democratic frontier population. William Claiborne, wishing to attract attention from the elder Democratic-Republican leaders, cham- pioned the fight in Congress to give Mississippi and other territories more democracy by stamping out so-called "territorial tyranny." His plan worked. Congress heeded his im-

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 194 LOUISIANA HISTORY passioned pleas. Winthrop Sargent was recalled and President Jefferson offered the territorial governorship to his liberal young friend. Claiborne readily accepted. Bidding hasty adieu to the still unfinished halls of Congress and to the mud and dirt of the ugly little tent city of Wash- ington, Claiborne hastened back to Tennessee to get his business affairs in order before assuming his new duties. Proceeding by a circuitous water route with his lovely wife and a small fortune, Claiborne arrived in Natchez in late No- vember 1801. The rebellious Mississippians gave him a loud and hearty welcome and Claiborne entered into his new duties confident of success. A multitude of problems faced the young governor, but with energy and dispatch Claiborne set about solving them. The Indian problem, curiously entangled with transportation, land, safety, and settlement, was quickly solved. A treaty was signed in December 1801 with the Chickasaws and Choctaws, allowing a road to be built from Natchez to Tennessee some six hundred miles through the wilderness. Boundary agreements were entered into and when white settlers violated the treaty by settling on Indian lands they were removed. Trading posts were opened in Indian territory and Indian agents worked hard to lead the Indians into more peaceful and civilized lives. The Natchez area was beset with frontier lawlessness. Drunkenness, brawling, robbery, and murder were all too prevalent. Slowly Claiborne and the legislature began to create a more efficient and more democratic body of laws and a court system to carry them out. Isolated from the rest of the United States by hundreds of miles and surrounded by Spanish and Indians, the territory of Mississippi needed a protective military organization. Clai- borne personally organized militia units in each of the five counties and continued to give his support in making this an effective fighting force. Conflicting and confusing land claims arising from British and Spanish times consumed much of Claiborne's time and energy. New settlers who had squatted on vacant lands without any right to do so wanted to acquire legal title to their

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms WILLIAM C. C. CLAIBORNE 195 lands. Claiborne opened land offices for registration and clear- ance of titles, and hired surveyors to run regular land lines. Quickly the vexing land problems disappeared and inflamed tempers cooled. Within the short period of two years, Claiborne had changed the Mississippi territory from a troubled, lawless frontier into a thriving, peaceful, safer, more democratic place in which to live. Succeeding in buying the Louisiana territory from France in 1803, Thomas Jefferson ordered Governor Claibome and Gen- eral James Wilkinson to proceed to New Orleans to take possession. In a colorful ceremony replete with solemn flag cere- monies, the marching of soldiers, the firing of artillery and musketry, and patriotic speeches, on December 20, 1803, M. Lausat, the French agent, officially transferred possession of Louisiana to the United States. For a number of months Claiborne controlled the huge new territory as well as Mississippi. As temporary governor of lower Louisiana, he was much disturbed by the unprecedented, autocratic powvers conferred upon him-law maker, judge, military commander, commercial regulator, head of Indian affairs, and chief executive. He compromised and placated; he delayed taking action when he could; but finally when he was forced to act he did. He made mistakes but in the long run his accomplishments were more than could be expected. In 1804 President Jefferson officially appointed Claiborne gover- nor of the Orleans Territory after both James Monroe and General Lafayette had refused the position. At the same time a new governor for Mississippi was chosen.3 Governing the Orleans Territory with its more cosmopoli- tan population of French, Spanish, Americans, and others proved more of a challenge than had frontier Mississippi. The foreign population was gloomy and discontent; the change

3 Much of the material concerning Claiborne in Mississippi and Louisiana is drawn from Dunbar Rowland (ed.), Official Letter Books of W. C. C. Clai- borne, 1801-1816 (6 vols., Jackson, Miss., 1917); and Clarence E. Carter (ed.), The Territory of Mississippi, 1797-1817 (Vols. V and VI of The Territorial Papers of the United States, Washington, 1937), and Territory of Orleans, 1803- 1812 (Vol. IX of The Territorial Papers of the United States, Washington, 1940).

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 196 LOUISIANA HISTORY in government was both bewildering and distasteful to them. The touchy, proud Creoles denounced the American regime for its so-called savage manners, poor selection of officials, intemperate speeches, and for the use of English as the official language. At night placards preaching open rebellion were posted and avidly read by the foreigners. Some of the French and Spanish officials who lingered too long in Louisiana shared in the intrigues against the United States. Changing from a European form of dictatorship into a more democratic government seemed an almost impossible task. The people little understood the organization and aims of republicanism. Diplomatically the new governor appointed as many of the foreigners to public office as possible, giving them as much representation in the government as he could. The Americans objected to these appointments as they be- lieved only they understood the workings of democracy and therefore should dominate. After a period of uncertainty and troubled caretakership, Claiborne in 1805 was finally authorized by Congress to set up a regular territorial form of government. As governor, Claiborne controlled the executive power. A General Assem- bly composed of a House of Representatives chosen by the people and a Legislative Council appointed by the president of the United States would make the necessary laws. The legislature gave Claiborne trouble from the beginning. Language difficulties, charges of favoritism in appointments, the lack of experience, and the governor's power of veto often brought forth misunderstandings and stubborn resistance from the legislature. Fortunately these problems were gradu- ally resolved and the legislature functioned more successfully. The operation of the newly created American court system produced an even greater crisis. The Creole population strongly objected. They could not understand American judicial procedures and laws and trial by jury frightened them. The service of lawyers, new to the citizens, caused much criticism because all too often the lawyers took advantage of their clients' ignorance and charged them excessive fees and cheat- ed them of their property.

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A Superior Court of three judges replaced the governor's court, to Claiborne's great relief. When the legislature divided the Orleans Territory into twelve parishes, each parish was authorized to create a local court. Eventually, the court system was broadened and strengthened and opposition subsided. The need for a legal code created new difficulties between the governor and the legislature. The latter wanted to preserve most of the old French and Spanish legal systems while Claiborne favored an entirely new republican code based upon English common law. Lawyers were hired to draft a civil code. Relying heavily upon the Napoleonic Code, they finally completed one, which was approved by the legislature in 1808. While Claiborne did not find the code wholly acceptable, he hoped that future improvements would be made, and he signed the document. The new code was quickly implemented and soon much of the legal chaos began to dissipate. An unfriendly press also made governing the territory a harder job. Newspapers of New Orleans often harshly criticized Claiborne's actions. With only occasional retorts against these attacks, Claiborne wisely refrained from curbing the newspapers. With great forbearance he guarded the freedom of the press and eventually won over most of the newspapers. Much of the published opposition was originated by politically ambitious native Americans, such as Evan Jones, Daniel Clark, and Edward Livingston, who wanted to oust Clai- borne from power. These men, joined by a few Creoles, sent memorials to Congress harshly attacking Claiborne and his administration. Daniel Clark in 1806 was elected to Congress and lost no opportunity in Washington to discredit Claiborne. The bitter feud between the governor and Clark flamed when charges made by Clark concerning the mishandling of the militia by Claiborne were published in the Orleans Gazette. When Clark refused to make a public apology, the governor challenged him to a duel. The affair of honor was held in Spanish territory near Baton Rouge on the morning of June 8, 1807. In the encounter the governor was felled with a shot in the thigh and the duel ended. Claiborne was carried back to New Orleans and for several weeks his wound gave

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 198 LOUISIANA HISTORY him great pain and he was absent from his office. Slowly he recovered and returned to work. Eventually, because of his poor showing in Congress, the crafty, scheming Clark lost his political support at home and his place in Congress was filled by Julien Poydras, a friend of Claiborne's. Back in Louisiana, Clark's success against Clai- borne grew weaker and weaker. Edward Livingston, a successful lawyer late of New York, did more than his share to sabotage Claiborne's administration. Ownership of the Batture, a strip of land beyond the levee in front of the city, deposited by the river, brought on a long, bitter court battle and deepened the struggle between the governor and Livingston. Since early days the people had gathered dirt to build levees and beds for roads during low water and had used the area as a ship's highway during high water. Clai- borne felt that this property belonged to the United States and to the people and fought Livingston's claim to the valu- able property. The governor earned greater popularity by protecting the people's claims against those of Livingston in this case. While garnering criticism for practically every action he took or did not take, Governor Claiborne worked hard to re- build the territorial militia. A core organization was formed from Americans flocking into the area. The Creoles looked with sullen displeasure on the new American militia. Eventu- ally the ancient Louisianians and the free Negroes began to revive their old units. Claiborne, in times of danger, visited all of the parishes, organizing and strengthening the militia companies. New Orleans units were rife with petty jealousies and discontent, and remained largely unreliable until the threats of British invasion forced them to become more loyal and dependable. Military response outside the city was always stronger than that of New Orleans. Trouble with Spain acted as a spur for a better militia. The presence of Spanish troops and officials long provoked the ire of Governor Claiborne. Their intrigues against the United States and their unauthorized land sales made their stay in- tolerable. Finally after many heated exchanges, Claiborne by

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1806 forced the last of the foreign officers and their men to leave. In 1805-1806 boundary disputes along the southwest border resulted in Spanish troops from Texas crossing the Sabine into American territory. War threatened. Claiborne rallied his militia and with the aid of U. S. troops under General James Wilkinson, the Spanish were forced to compromise and with- draw back into Texas. A new threat to the peace and safety of the Orleans Terri- tory loomed large in 1806 with the emergence of the enig- matic Burr Conspiracy. The treacherous General Wilkinson, a member of the plot to separate the west from the United States, betrayed Burr. Claiborne was warned repeatedly of the threat to New Orleans and the governor took every pre- caution to protect the city. Despite strong protests, he called out the militia and placed it under the command of General Wilkinson. In January 1807, Burr, with only a few men, ap- peared in Mississippi, was arrested on his way to Spanish territory, and was taken to Richmond. In a curious trial, Burr was found innocent and set free, to the dismay of Claiborne and other Republicans. Militia forces were needed to guard against possible Indian attacks. The Spanish tried on several occasions to incite the Indians against the United States. To counteract these intrigues, Claiborne adopted a policy of kindness and justice. He made several visits to various tribes and succeeded in convincing them to remain neutral in case of outbreak of war with Spain. With the transfer of Louisiana to the United States, monetary distress became very acute. Much Spanish paper money was still in circulation but had greatly depreciated in value. To prevent financial ruin, Claiborne allowed the establishment of the Louisiana Bank, the first in the territory. The money short- age was relieved when the bank began to issue American paper money. The pessimistic Creoles were hostile toward the bank and the new money and they prophesied financial disaster. Albert Gallatin, Secretary of the Treasury, harshly attacked Claibome for chartering the bank. It was planned that a branch of the Bank of the United States would soon be es-

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tablished in New Orleans, but when this bank was not opened, a second private bank was chartered and plans for a third were made. Claiborne thus helped to make New Orleans the strongest financial center in the South. Complex land claims begged for immediate attention. Since many of the people held lands under French and Spanish grants and the papers giving title to the lands were not always available, the task of authenticating many of the hold- ings was most difficult. A number of the foreign land holders feared that they would lose their grants. Claiborne assured the people that every valid claim would be recognized. Drawing from his similar experiences in Mississippi, the governor opened land registration offices. Newcomers began to settle on lands owned by the Federal government. Claiborne did what he could to stop unscrupulous land speculators from grabbing up the best public lands. After many years of urging from the governor, Congress eventually adopted a liberal land policy and the land title problem was easily resolved. According to the Territorial Act, Claiborne was given the difficult chore of stopping the importation of slaves except those brought in by permanent settlers. Citizens desiring a greater labor supply for their cotton, sugar, and rice planta- tions vehemently resented any slave trade restrictions. A pe- tition was sent to Congress but when the appeal went un- answered, a few citizens began to smuggle in Negroes through the numerous water inlets. The governor ordered all incoming ships to be searched for illegal slaves. Slave importation became enmeshed with the problem of white refugees driven from the West Indies by the Napole- onic conflict. Dozens of ships from Cuba and San Domingo brought thousands of refugees and their slaves to New Or- leans. Many of these were in dire distress and Claiborne hu- manely admitted them and encouraged the city and the legislature to grant them food and other aid until they could be settled. He also allowed them to keep their slave property although he opposed the admission of more Negroes into Louisiana. Governor Claiborne, too, was forced to cope with the

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms WILLIAM C. C. CLAIBORNE 201 fugitive slave difficulty. For several years the Spanish in Texas gave safe refuge to escaping Negroes and scores of slaves fled across the Sabine, especially from the Natchitoches area. Clai- borne strongly protested this practice and demanded that the fugitives be returned to their masters and that all encouragement of runaway Negroes to come to Spanish territory be stopped. Finally in 1809, the governor's efforts were reward- ed. Spanish officials agreed to return all fugitive Negroes and to cease harboring tllem in Texas. With a population divided almost equally between Negro and white, the fear of slave insurrection was always present. Despite several rumored uprisings, it was not until January 1811 that a rebellion did finally occur. Five hundred Negroes in St. John the Baptist and along the German coast rose up and began a march toward New Orleans. White families fled in terror. General Wade Hampton, urged by Claiborne, led a small group of militia and regular troops from the city to in- tercept the Negro rebels. The slaves set up their defenses at Fortier plantation and Hampton attacked, killing some twenty and wounding others. The rest fled. The swift action of Claiborne and Hampton had prevented a major loss of white lives. Only two whites wvere murdered. However, sixty-six Negroes were killed and sixteen of the leaders were executed. As an object lesson to the rest of the slaves, the rebel Negro heads were severed and stuck on poles along the river. The majority of the Negroes involved in the revolt were granted a pardon by the merciful governor. Through Claiborne's suggestion the legislature voted to pay the planters for their dead slaves. To guard against future insurrection, slave patrols were organized and the activities of the Negroes were more carefully supervised. Yellow fever, long the scourge of New Orleans, plagued the city anew. Between 1803-1805, it is estimated that a third of the Americans who migrated to New Orleans died of the disease while fatalities among European newcomers were even greater. Governor Claiborne himself, in the early summer of 1804, caught the dread fever but, unlike most Americans, recovered.

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Claiborne's family was less fortunate. His beloved wife Eliza and young daughter, Cornelia, soon after the governor began to recover, caught the fever. Official duties, as much as possible, were left to his secretary and Governor Claiborne remained at the bedside of his stricken loved ones. He watched with hopeless terror as the searing fevers racked their debilitated bodies. He sponged their burning faces and mopped away their black vomits. His long vigil proved hopeless and in Sep- tember 1804 both wife and daughter died. The grieving governor tried to lose himself in hard work. Some two years after the death of his first wife, romance again entered the lonely governor's life. Claiborne married Clarissa Duralde, a lovely young woman from the Attakapas region. From this union a son was born. Happiness gave way to grief in 1809 when again yellow fever struck and the second Mrs. Claiborne died. In an attempt to curb the mysterious outbreaks of yellow fever, Claiborne early made many excellent suggestions. He urged the people to spread out and leave garden spaces between their homes. Drainage ditches should be covered over and the city should be thoroughly cleaned. Claiborne asked that a strict quarantine of ships from foreign countries be maintained until they were shown to be free of yellow fever. Objections were strong and few of these wise measures were taken. Yellow fever continued to ravage the city throughout the territorial period. Hundreds of citizens in the more congested areas died in every new epidemic. In Louisiana, as in Mississippi, Claiborne worked hard to promote educaton. Finding only one public academy and one convent school, he asked the legislature to create a territory- wide educational system. Each parish was to have a library and a secondary academy but no provisions were made to establish primary schools and no money to implement the plan was voted by the General Assembly. In future legisla- tion, the parish was made responsible for the support of its schools. Little could be done as the legislature forbade the collection of school taxes by the parish. In 1811, the legisla-

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms WILLIAM C. C. CLAlBORNE 203 ture, after repeated appeals from Claiborne, appropriated a sum of $39,000 for education. Twelve authorized academies were granted $2,000 each and a university to be established in New Orleans was given $15,000. Claiborne's diligence bore fruit and in November 1811 the University of Orleans opened its doors to seventy students. The growth of the parish academy system was less successful but the nucleus for public education was established by Clai- borne. Th6mas Jefferson had from the beginning claimed that the Louisiana Purchase extended eastward to the Perdido River and Governor Claiborne had echoed this assertion as he did most of Jefferson's statements and policies. The United States, however, played a waiting conciliatory game in taking over this territory. In 1810 restless Americans who had settled in Spanish-held West Florida rose in rebellion and set up a free republic. President James Madison ordered Governor Claiborne to move in and join West Florida to the Orleans territory. Troops were mustered to guard against any opposition. On December 7, 1810, Claiborne solemnly moved into Baton Rouge and without resistance annexed the West Florida republic. Several counties were created from the new territory but Claiborne was thwarted in his desire to extend his control over to Mobile and beyond. He was instructed by Congress to or- ganize and govern the new territory only over to the Pearl River. To a rabid expansionist such as Claiborne, who had long advocated the seizure of both Floridas, Cuba, and other Span- ish possessions, the failure by Madison to extend the bounda- ries at least to the Perdido was a sore disappointment. When Louisiana was acquired by the United States a number of the native citizens had expected immediate statehood. They petitioned Congress in 1804 to this effect but were much disappointed when they were granted only a territorial government. Claiborne himself felt that the people were not ready for self-government. People ignorant of representative democracy must go through a period of training and adjust- ment. In 1810 a new memorial was sent to Congress and

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 204 LOUISIANA HISTORY after months of delay in 1811 a bill was passed authorizing Louisiana to begin creating a state government. Claiborne now strongly endorsed the measure. Representatives to the Constitutional Convention were elected from the several parishes and gathered in New Orleans. In January 1812 the delegates completed their work. The new state constitution was approved by Congress in April. The announcement by Claiborne of his candidacy for the governorship was greeted with a torrent of venomous abuses. Every criticism of Claiborne, old or new, was aired in the newspapers. Fortunately Claiborne was not without his staunch supporters and they strongly defended the gover- nor's talents and attainments. In late June 1812, after a spirited campaign, state elections were held and to Claiborne's surprise he was given a decisive victory over the Creole candidate Jacques Villere. The Leg- islature, as authorized by the new Constitution, must make the final choice of governor from the two highest candidates. On July 28, 1812, the Legislature awarded the governorship to Claiborne by a great majority. At long last Claiborne's years of patient conciliation, diplomacy, calm judgment, and dedication to duty had won decisive endorsement from the people. As governor of the state, Claiborne's course was still beset with struggles with his opposition. The legislature, especially the Senate, and the enlarged judiciary continued to embarrass the governor on many occasions. The fight within the state government was soon overshad- owed by a real war with England. Claiborne, an avid republican war hawk and expansionist, had long endorsed war with England to avenge the many insults and injuries heaped upon the United States by that country. Such a war would give this country a chance for retribution and also an opportunity to exercise her "manifest destiny" and expand into new territories and thus eliminate most of the European connivance against the peace and welfare of North America. When word arrived in New Orleans in July 1812 that the United States had declared war on England the previous month, Claiborne was elated.

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To prepare Louisiana against possible British attack, Clai- borne requested that the legislature pass a more effective militia act. The legislature stubbornly refused. Urgent appeals for arms were sent to Washington but the response was dis- appointing. In 1813, when the Third Regiment of U. S. Troops was withdrawn from Louisiana, Claiborne in desperation ordered the state militia into readiness. Later when the United States asked Louisiana to furnish a quota of 1,000 men for defense purposes, on December 25, 1813, the governor issued a general order to that effect. The response of the interior was immediate and 400 men of the Second Division proceeded to New Orleans. Militia units in the city failed to respond and the Senate declared the general order illegal while the House later refuted the call. The legislature and the citizens of New Orleans felt that the city was in no danger. Insistently, Clai- borne reissued his general order in February 1814. The new call fared no better than the first. Fortunately, except for the debilitating effect upon trade, Louisiana was little touched by the war until December 1814. While struggling to build a real fighting force, Claiborne fell in love again and acquired a third wife-a well-educated, charming, wealthy young lady of Spanish extraction, Senorita Bosque. Claiborne's happiness was made greater when eventually two sons were born of this union. Pirates, led by the Lafitte brothers, had long bothered Clai- borne with their smuggling activities in the Barataria Bay area. Because of the military strength of the pirates and the popular support given them by the citizens, the governor delayed taking positive action against them. In March 1813 Clai- borne demanded that the Lafittes end their illicit trade. The order was ignored. In November 1813 Claiborne issued a second proclamation against the pirates and offered $500 for the arrest of Jean Lafitte. Without success, Claiborne begged the legislature to send the militia to Barataria to drive out the smugglers. Next the governor approached Federal officers in New Orleans and was promised assistance. At the end of summer in 1814 Jean Lafitte was visited by British officers who offered him a large sum of money and a naval commission if he would join forces with England. La-

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms 206 LOUISIANA HISTORY fitte pretended interest in the proposal but asked for time to make necessary plans. Immediately the buccaneer informed Claiborne of the British designs and offered the services of his ships, men, and artillery to the United States. A special council was called by the governor to consider the proposal but the offer was rejected. The plans of the joint military and naval expedition by Federal forces proceeded and in September 1814 they began the attack on Barataria. The pirates' ships were taken, their houses shelled, their booty seized. Some of the smugglers were captured and imprisoned but a number managed to escape. With British invasion only days away, Governor Claiborne promised Lafitte and his men a pardon if they would join forces with the United States against England. Andrew Jack- son, who desperately needed men, cannons, powder and rifles, later accepted the military services of the pirates. Urged by President Madison, in August 1814 the governor again ordered 1,000 militiamen into immediate service. When this failed, a new appeal was made. The newspapers began to reverse themselves and they now strongly supported military preparedness as did the legislature and the majority of the people. Claiborne's tact and diplomacy had finally won a more effective militia. Andrew Jackson hurried to New Orleans from Pensacola and arrived there early in December. With characteristic energy and ability, General Jackson quickly began preparing defenses. By mid-month the Tennessee and Kentucky militiamen ordered to Louisiana by Jackson began to arrive. Gen- eral Jackson's decisive leadership quickly restored the confi- dence and morale of the city. For greater military efficiency, Jackson asked Claiborne to suspend the writ of habeas corpus. The governor sought the advice and consent of the legislature, but when the latter refused, Claiborne allowed the general to declare martial law. The legislature was furious and remained vindictively in con- stant session during the entire military crisis, interfering with, embarrassing and hindering the governor and Jackson when it could.

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The British from mid-December launched a series of naval attacks along the Mississippi and on Lake Borgne, accompanied by land fighting of varying intensity and loud but ineffective artillery duels. Governor Claiborne, considering himself second in command only to Jackson, wanted to take an active part in the struggle. He was thwarted by the commanding general. Jack- son sent him away from the front, accompanied by state troops, to guard the approaches along Gentilly Road. For several days Claiborne remained at this post, but when most of his men were taken from him, he returned to the city. On January 8, 1815, General Edward Pakenham began his first concerted attack against Jackson's main line of defense below New Orleans. During the heat of battle Governor Clai- borne came to the firing line to beg Jackson for a more important role in the fighting. Jackson's answer was to send Clai- borne to the west side of the river to stop the British advances there. Heated argument and some chaos arose over the ques- tion of command but fortunately the British decided to retreat and the west bank no longer presented a threat to Jackson's position. Following their decisive defeat in the Battle of New Orleans, within the next few weeks the British left Louisiana. Governor Claiborne now felt that most of the militia could be released and he asked Jackson to do so. The general hotly refused and he squashed all hope of ending martial law. Jackson's autocratic military rule resulted in growing opposition from the legislature, the judiciary, and the governor. Jackson began a series of arbitrary arrests of members of the legislature, judges, and others. Later, in March, when Jackson learned of the signing of the Treaty of Ghent, he abandoned martial law, released the militia, and freed his political prisoners. Judge Dominic Hall then brought charges of contempt of court, obstruction of justice, and other charges against Jackson. The court found General Jackson guilty as charged and fined him $1,000 and costs. Following his trial, with many bitter words against Judge Hall and Governor Claiborne, Jackson left Louisiana.

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For a while Governor Claiborne came under new, severe attacks from his critics. He was criticized for his delay in readying New Orleans against attack, for turning over command of the militia to General Jackson, and for allowing Jackson to institute martial law. He was charged with cow- ardice when on January 8 it was untruthfully asserted that he had hidden far behind the lines until all danger had passed. Claiborne and his supporters easily defended the governor's rule during the crisis and in time these criticisms subsided. With the return of peace, Claiborne dedicated himself to strengthening the economy of the state and to improving the government. Trade began to revive and agriculture flourished. The governor continued to support road building, the con- struction of safer levees, the improvements of commerce and banking, the maintenance of law and order, the establishment of a better postal system, and the encouragement of education. His accomplishments were many. Time was running out, however, for Claiborne. Unable to succeed himself, his term as governor expired at the end of 1816. In January 1817, in recognition of his long years of dedication to the welfare of Louisiana and her people, Clai- borne was elected to the Senate of the United States. But Claiborne never took his seat. On November 23, 1817, at the age of forty-two, after a lingering illness, he died. For one week, the city of New Orleans went into mourning. William Charles Cole Claiborne had his faults. He often procrastinated and failed to act until forced to do so. He was overly sensitive to criticism and at times gave way to feelings of self-pity. He tried too much to explain away his errors and to defend his actions. In keeping with Jeffersonian economy and conditioned by boyhood poverty, he was usually too fru- gal in the expenditure of public funds as well as private. He practiced nepotism and favored his friends, giving them jobs they sometimes were not qualified to hold. He was not always a good judge of the character and motives of others. Being a man of the times, he was a jingoist and rabid expansionist. As the burdens of office grew heavier, his sense of

This content downloaded from 138.47.53.7 on Wed, 02 Jan 2019 01:42:16 UTC All use subject to https://about.jstor.org/terms WILLIAM C. C. CLAIBORNE 209 humor began to fail. Fortunately, however, his assets and vir- tues strongly outweighed his liabilities. Claiborne, who had done so much to lead Tennessee, Mis- sissippi, and Louisiana from backward frontier territories into democratic statehood and who so strongly defended republican government against overwhelming odds, truly deserves greater recognition from the people of his country.4

4 This paper is a summary of a full-length biography of Claiborne long in preparation. The research includes all of the available primary and secondary materials much too numerous to list in this article.

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