To James Madison from William C. C. Claiborne, 17 December 1806
From William C. C. Claiborne
New-Orleans Decer, 17th, 1806
Sir,
The enclosure No, 1 is a Copy of a Letter, which I have received from General Wilkinson,1 and that No. 2 of the Answer which has been returned.2
I persuade myself, that the danger is not as great as the General apprehends; but in no event will I take upon myself to suspend the privilege of the Writ of habeas Corpus, and to proclaim Martial Law. I am Sir, With great respect Yr: Mo: Obt servt
William C. C. Claiborne
RC and enclosures (DNA: RG 59, TP, Orleans, vol. 8); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 16). RC and enclosures docketed by Wagner. For enclosures, see nn. 1 and 2.
1. The enclosure is a copy of Wilkinson to Claiborne, 15 Dec. 1806 (4 pp.; marked “Copy” by Claiborne). Wilkinson addressed the difficulty of recruiting seamen to protect New Orleans against Aaron Burr’s suspected intrigues, suggested that contracts for seamen should extend long enough to ensure the destruction of Burr’s alleged designs, and insisted that Burr’s machinations had reached such heights as to justify “the partial and momentary dispensation of the ordinary course of our civil institutions.” He hoped that Claiborne would declare martial law and conscript seamen to raise the forces necessary to contend with Burr. Wilkinson expressed his displeasure at Claiborne’s unwillingness to take more drastic measures to counter Burr’s plans and pleaded with Claiborne to use greater coercion to protect the territory.
2. The enclosure is a copy of Claiborne to Wilkinson, 17 Dec. 1806 (4 pp.; marked “(Copy)” in Claiborne’s hand) in which Claiborne provided updates on ship repairs and naval recruitment. He enclosed a copy of his 16 December 1806 letter to New Orleans merchants Paul Lanusse and Benjamin Morgan (1 p.; marked “(Copy)” in Claiborne’s hand) asking for their cooperation in helping raise a sufficient body of seamen by promptly paying arrearages due their employees and freeing them for naval service. In his letter to Wilkinson, Claiborne strongly defended his actions in this matter, declaring that he would not acquiesce to Wilkinson’s requests for martial law or the suspension of writs of habeas corpus since doing so would usurp powers belonging to the legislature. Claiborne referenced a recent conversation between the two men in which Wilkinson could not provide a precedent for a governor suspending habeas corpus and declaring martial law without authorization from the legislature.