State or the United States? I see that, just at that time, you drew upon yourself a burst of indignation from the galleries, and a mighty rebellion would have been the consequence_but for the generous and humane interposition of your friend, Tom Benton, who had the goodness to cry out with a loud voice, "Take away the blackguards! out with the blackguards!" I have read it in the papers this moment, and very good reading it is. "Old Master" says the riot was occasioned by Preston's bestowing a high compliment upon you, which created the disturbance in the galleries; but he don't know everything.

However, Benton saved you, and I feel just the same kind gratitude to him for his timely interposition in your behalf, that I felt to the old D. for his special attention and benevolence towards me. "Out with the blackguards!" said Benton. "Save the ladies!" said Clay. Sensible to the last, never unmindful of the ladies in any emergency. It is well for Benton that his order was not strictly executed. However, you owe him a debt of gratitude, that's certain, and I hope you will always acknowledge the obligation, though you may not live long enough to discharge it. He must have the offer of a big dinner when he comes through this State. Kentucky will never fail to treat the benefactor and protector of one of her distinguished senators with becoming and marked respect. This is the 4th of March. What a great day this is in the city! Yesterday was a great day also to the nation!-the last day of Van Buren's reign! The Lord be praised for all his mercies! Van Buren went out of office yesterday, and so did two fellows go out of the penitentiary. I turned them out; they had but five days left to hold their places, and I thought it was but just and right to emancipate them at the same time Van Buren was emancipated. When will you be at home? How does Bell look and act, and walk and talk? I should like to see him very much indeed. Secretary of War I think he is. Well, that's a very good place; I hope it will be well filled.

I must tell you, this is rather the dullest place since the legislature adjourned that the Lord ever made in his six days' work. I should die of ennui, if I had not the pleasure of being annoyed by everybody and everything. Come home and stay here six weeks, receive my instructions, and, if necessary, aid me in making out directions for the governor of Iowa.

I would not be at all surprised if, instead of two governments, I shall have the care of three at the same time.

Your sincere friend,

R. P. LETCHER.

CHAPTER XII.

1841.

Appointed Attorney-General of the United States by General Harrison—Mr. McLeod's Trial for the Burning of the Steamer Caroline-Papers relating to this Trial-Judicial Opinion as Attorney-General on Allowance of Interest on Claims against the United States.

O

N the fifth of March Mr. Crittenden was appointed Attorney-General by General Harrison. The trial of McLeod for the burning of the steamboat Caroline was expected to take place in New York about that time.

The British government had avowed the transaction as done under their authority, and demanded the release of the prisoner. At the urgent solicitation of the President, Mr. Crittenden consented to go to Albany and look into the matter, though he considered the undertaking as altogether distinct from his official duty as Attorney-General. The following letters and papers were found among Mr. Crittenden's papers, and possess, I think, a general interest as relating to this important matter:

(J. J. Crittenden to Robert P. Letcher.)

March 14, 1841, II o'clock at night. DEAR LETCHER,-See what sacrifices I make of time and sleep to my correspondence with you! God knows how you manage two governments and yet live. For my part, with only a small portion of one resting on my shoulders, I can scarcely find time to say my prayers. I am in arrears to you several letters, and I acknowledge the debt. I have the best of all excuses: it has not been in my power to pay up punctually. To-morrow I start for the remotest part of Western New York to attend the trial of McLeod, indicted for murder and burning the steamboat Caroline. You understand the case: the British government avows the transaction as done under its authority, and demand the release of the prisoner; it has thus become a national affair of delicacy and importance, and it is the Presi

dent's pleasure that I should attend the trial. This has disappointed me sadly, in deferring my return home. You, too, must be grieved and make yourself very unhappy on this occasion. That will be some consolation to me. I may be absent two weeks on this trip, but I shall then return home if I have to run away from office, President and all! We are laboring along and endeavoring to keep the peace among the office seekers; but nothing less than a miracle could so multiply our offices and patronage as to enable us to feed the hungry crowd that are pressed upon us.

I have one sad thing to communicate. It has grieved me sorely. I have been laying my trains and flattering myself that I was making progress towards the accomplishment of our object in making Orlando governor of Iowa. Chambers was to be located here. I was pleased to think that was fixed. To my surprise, in the last few days, I have understood that Chambers has changed his mind, and is to go to Iowa as governor, and the indications now are that such will be the result. This is going a little ahead of what is generally known, and you must treat it as confidential; but disagreeable as it is, you must let Orlando know. I like Chambers, and cannot blame him, but he has disappointed me in two respects,-by not staying here himself, and interfering with my hopes for Orlando. Now I must go to bed. Farewell.

ROBERT P. LETCHER.

Your friend,

J. J. CRITTENDEN.

(Paper relating to McLeod found among Mr. Crittenden's Letters.)

My visit to New York in March, 1841, and all my agency in regard to the case of McLeod, was undertaken at the instance of the President, General Harrison. It was inconvenient to me, my wishes and my interest required my return to Kentucky. I proposed the selection of some other person; but it was insisted on that I should go, and I submitted. It was an undertaking altogether distinct from my official duty as Attorney-General. The object of my visit and the duties enjoined on me appear from the letter of instructions addressed to me by Mr. Webster, the Secretary of State, and drawn up by the direction of the President. I had before received in substance the same instructions orally from the President himself, and it was to his authority and not that of the Secretary that I considered myself subordinate. At Albany I met Governor Seward, exhibited my letter of instructions, and delivered to him the papers therein alluded to as intended for him. We conversed a good deal at large on the subject of my instructions. They were before the governor, and I desired to know what

his views were in respect to the case of McLeod. He was unwilling to direct a nol. pros., and perhaps added that he had no such power; but he stated his entire confidence that McLeod was not guilty, and that the proof was clear that he was not engaged in the expedition against the Caroline, and was absent in Canada when the murder charged against him was committed, and on this ground he must be acquitted whenever tried; and furthermore he stated that if convicted he could and would pardon him, and so avert the threatened war; that the President might rely on his pursuing this course. He professed his earnest wish to act in harmony with the Federal government, but was unwilling, as before stated, to direct a nol. pros., and thought the preferable and best course was to await the acquittal of McLeod by a jury, a result which he considered certain, and that such an acquittal, or proof of his innocence, would be more satisfactory to the community and tend to allay the great popular excitement then prevailing.

Wishing to know, as far as I could, what would be the course of Governor Seward in any contingency, a question was suggested as to the pardoning of McLeod before the trial. The governor was averse to this; it would be unsatisfactory to the community, and still said he could and would pardon him if convicted, and thereby prevent the anticipated hostility. We did, after the examination of Mr. Fox's letter and consultation on the subject, agree in the conclusion that, though his demand. was for the release of McLeod, then in prison, there was no ground to apprehend that hostilities would be attempted unless or until McLeod should be sentenced and punished. The governor knew that the chief object of my agency in attending the trial was to see that the case was properly placed on the record in the event of a conviction, so as to enable the Supreme Court to exercise its revisory jurisdiction, if it had any. Though I do not know that the governor made any objection to any lawful proceeding having such revision in view, I think he manifested, if he did not express, some objection to the Federal government taking any part in the prosecution against McLeod, and perhaps mentioned it as an objection to the appointment of Mr. Spencer as District Attorney for the United States that he had him employed as counsel for McLeod.

(To Mr. Webster.)

I have the honor to make known to you for the information of the President of the United States that, in obedience to his instructions received through you, I set out from this place to attend the trial of Alexander McLeod, which was expected to take place at Lockport, in the State of New York, on the day

of

March last. I had proceeded on my way as far as Albany, where I received certain intelligence that the trial would not take place at the time appointed, and that the case would necessarily be continued in consequence of some irregularity or defect in the legal preparations for the trial. It was also said that the prisoner had given notice of his intention to ask for a continuance and a commission to take depositions, etc. Under these circumstances, it was unnecessary for me to proceed further, and, after resting a few days at Albany, I returned to this city.

At Albany the case of McLeod seemed to be a subject of interest and general conversation, and with the distinguished governor of that State and his enlightened secretary I frequently conversed on the same subject; and, disappointed as I was, I think I may assure the President that there has been great exaggeration in the rumors that have reached him of the violence of popular feeling and excitement against McLeod.

At Albany I had the honor of several interviews with Governor Seward, in which I made known to him that the case of McLeod had acquired a character of some national importance and delicacy, in consequence of the recent formal avowals of the British government, and demand for his release; that it was only in this national aspect of the case that the President had any care or concern about it, and that he was only desirous to be fully informed of the truth of the case, and that it might be dealt with and disposed of upon a full view of all the facts, in a manner conformable to the justice of our laws and the character of our country; that he entertained the highest opinion of, and confidence in, both the wisdom and justice of the courts of New York, and, not doubting but that they would dispose of the case properly, he wished that it might be so conducted that all the facts of the case, and questions of law arising out of them, might be on the record, so as to be subject to any revision that the courts of the United States might have a right to exercise and to stand as a perpetual and authentic memorial of facts, of a case which had become the subject of complaint by the British government, and might become the occasion of still more interesting negotiation and controversy between that government and the government of the United States; that it was for these objects, and not for the purpose of any interference in the case, that it had pleased the President to direct me to attend the trial. It would thus appear that he had not been inattentive to a matter which, in possible contingencies, might affect his duties as chief magistrate.

Governor Seward expressed himself anxious to act in harmony and concert with the general government; but I need not attempt