That no further personal violence was done by Capt. Thompsons party, which withdrew shortly after the affair was thus terminated, carrying along with them what plunder was left by the natives which amounted to a mere trifle.

It will be proper here to state also that Capt. Thompson appears to have consulted with the ruling power of the territory, upon the subject of his contemplated attack upon Don Miguels factory before he entered upon the enterprize, and that the said Ruling power made no objection to it, & promised that he would not take any vengeance if the enterprize should be accomplished; declining at the same time all participation in it; obviously from the apprehension of some mischief from Don Miguel.

Having thus presented a full view of the whole transaction, as disclosed by the Depositions, the undersigned would remark that he sees nothing in this affair which can give cause for discontent to any foreign power whatever, even the African Nations or native princes. If it be true that Don Miguel and his associates were a hoard of Pirates or free Booters, of which there seems to be little room for doubt, he was hostis humani Generis and belonged of course to no nation: Therefore no nation can have a right to claim redress for his death, and even if he were not a pirate, yet his conduct was so lawless, brutal and ferocious that the Govt. of the United States might justifiably have taken his life as most of his acts were committed within the territorial limits of the Colony. But while the undersigned sees no cause to apprehend any disturbance to the colony by the interference of any foreign power; yet he sees in this transaction good cause to apprehend that great disturbance and even ruin may be brought upon the colony by internal insubordination, indiscreet and intemperate retaliation & lawless violence. However unprincipled, profligate, barbarous & outrageously unlawful may have been the conduct of Don Miguel & his party; their acts did not justify a league among private individuals, without any of the sanctions of government to assault, rob or plunder and in fact wage war against the establishment of Don Miguel. Neither the law of nations nor the municipal Laws of any civilized country will allow to private individuals the right of retaliation or reprisal beyond the time immediately following the assault or capture. If a man were beaten he might in the instant retaliate by beating the assailant & justifiably: so if any thing were taken from him & he could in the instant regain it by violence, before the other

had the appearance of possession he might do so lawfully; but after the blood had cooled in the one case, or there was an appearance of peacable possession in the other case, any violent attempt at revenge or recaption would be an unlawful trespass. Therefore Mr. White could not lawfully take back his Boat from Don Miguel by violence after he had carried it to his factory, nor could he have retaliated the blows given by him Don Miguel, to compel him to sign the bill of sale for the Boat, at any time after the day and hour when those blows were inflicted. Private individuals are not allowed by the laws of civil to care for themselves either in reprisal or retaliation; but are turned over to the laws for redress. And if Mr. White could not lawfully retake his Boat & revenge the blows, much less could an unauthorized band of individuals leagued together upon their own private responsibility be justifiable for pursuing such a course of conduct. And most of all can the Governments colonial agent be excused for encouraging or in any manner conniving at such a dangerous and unlawful course of proceeding. It was his duty if Don Miguels piratical conduct interfered with the interests of the colony, and was notoriously of a hostile & predatory character to the whole force of the colony to arrest him & his party & bring them to a legitimate trial, and further to defend the colony against any hostile invasion; and if his whole force was not sufficient for that purpose to apply to the government for protection, and not encourage a small part of that force, without any lawful authority, to make an attack upon Enemy, too powerful for his whole force. All ΑΠ the colonists and especially those intrusted with the direction & controul of the affairs of the colony should be thoroughly impressed with the knowledge that the laws of civil society do not & cannot authorize individuals to redress their wrongs and injuries according to their own will and pleasure; and that their grievances cannot & ought not to be relievable except by resorting to the tribunals, which are duly constituted first to judge of the wrong; and then the remedy, and lastly to put the injured party into lawful & peaceful possession of his remuneration.

(Signed by) COLONEL ASHTON.,

GOV. BLOUNT TO SECRETARY OF WAR.

[This letter discusses the status of the Tennessee volunteers. From archives of Tennessee Historical Society, Box B2, No. 165.]

Nashville Dec. 10th 1813

The force from this State called into service to act against the hostile Creeks is composed in part of U. S. Volunteers enroled under the acts of Congress of the militia detached under a requisition from the War Dept.; and in part of volunteers, who being best armed, turned out upon the pressing emergency, to repel an ap proaching invasion of this State, & the M. Territory.

The first named think that their term of service expires (as I have before advised you) on this day-the second one, I understand, of opinion, that their term of service will expire at the end of three months from their entrance into service (that time being considered by the militia law of the State, passed prior to the act of Congress, under which, the detachment was made) as a tour of duty--the third description I have reason to believe consider, that they ought not to be expected to serve longer than a three months tour, from their entrance into service, if that long.

When these Troops were called into service, the term they were expected to serve was not mentioned in the instruction I recd. from the War Department, or in the act of the Genl. Assembly of this State, under which, a part of the force was called out; neither was it mentioned in my order calling them out, I not having been advised of the most acceptable term to the Government, and knowing no other limitation to their service than such as was provided for by acts of Congress, unless sooner discharged by order of the President.

I believe the principal reason why those Troops in part feel a desire to be discharged on the 10th Instant, is that the volunteers think that they should not be compelled to serve longer than one year from the time they were called into service, as they have held themselves ready to act, at the call of Government, since the 10th Dec. 1812; this has occasioned much uneasiness and embarrassment in camp-The balance probably are influenced by their recollec

tion of a tour of duty, under the militia law of this State; and by their want of clothing &c., for a longer term of service; and another argument may be, that the circumstances under which they were called (to repel an approaching invasion in part), did not admit of delay in their making the necessary preparation for a tour of six months, as the act of Congress respecting detached militia requires, unless sooner discharged by the President's order-in other words they had not time to prepare their promptitude promoted the service their prompt attention to the call of Government, and the important services they have rendered in the field during the short time they have been in service, teaches the belief that they cannot be actuated in their willingness to return for any other reasons than the above mentioned.

These facts and opinions are stated for the information of Government, with whom alone it rests to determine how long they shall serve; to order their discharge; and likewise to order, in the event of their discharge, how their places are to be supplied.

It is presumed that the object of the campaign is not yet effected, and it may not be for some time to come, with best exertions-Under these circumstances, and a desire felt here to promote the good of the service, it would be acceptable to the men in service, to be informed how long they are expected to serve, and if they are to be discharged, by whose order, and how their places are to be supplied. Information on these points is respectfully solicited, believing that the good of the service, and the situation of this frontier require it-I am requested to make these inquiries-respectfully WILLIE BLOUNT.

The Honble John Armstrong

Secy War

A PATRIOTIC STATUTE.

[It is well known that Gov. Willie Blount borrowed the money to maintain the Tennessee troops under Jackson, and gave his note for the amount. The authority under which he acted is not so well known, and is found in the following Act of the General Assembly of Tennessee.]

СНАР. І.

An act to repel the invasion of the state of Tennessee by the Creek Indians, and to afford relief to the Citizens of the Mississippi Territory and other purposes.

SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That of the militia of said state, the Governor is hereby authorized to organize and march immediately any number not exceeding three thousand five hundred men, in such proportions of Infantry, Rifle-men, Cavalry, Artillery and mounted Infantry, as the Governor and the commanding General deem proper, for the public service, to any place in the Creek nation of Indians or in the Mississippi Territory where said troops may give relief to the citizens of said territory, and repel the invasion of the state of Tennessee by said Indians and their allies.

SEC. 2. Be it enacted, That the Governor of Tennessee be and he is hereby authorized to contract for and supply said troops with provisions, ammunition, and arms, at the expence of said state until the General Government make provision for said troops, and to draw on the treasurers of said state for the money, or borrow the same of either of the banks in Tennessee, or any other source at a rate of Interest usual in said bank.

SEC. 3. Be it enacted, That in the event the General Government refuse to pay the aforesaid troops for their services as other similar troops are paid by the said Government, then and in that event said froops shall be paid by the state of Tennessee in the same manner the United States pay similar troops.

SEC. 4. Be it enacted, That each or either of the banks in Tennessee are hereby authorized to lend to the Governor, any sum or sums of money not exceeding three hundred thousand dollars to be