First Clashes with tlze United States
2 39
The ostensible purpose of the expedition, according to the declarations of the men after they had been captured and the statements of Nolan before his departure, was to catch mustangs and to bring back the horses which had been left behind on the previous expedition. 26 The men enlisted had been told that they would be employed for a period of three months. Each one had been requested to furnish his own horses and arms. They were to help build corrals and to catch horses. Food and ammunition were to be furnished by Nolan, who was to reward them for their labors with a varying number of horses. If the time of the expedition exceeded three months, the men were to be paid an additional peso a day. Jose Vidal, commandant at Concordia, kept a close watch on Nolan and reported all his moves to Governor Casa Calvo. He pointed out to his superior the negligence of American officials in permitting such expeditions to be organized and the feeble efforts made to enforce the neutrality laws. Determined to prevent Nolan from setting out, he made formal complaint to Governor Sargent early in October and Sargent was compelled to summon Nolan to appear before the Supreme Court of the Territory of Mississippi. Nolan admitted he was preparing to enter Spanish territory with some companions in search of wild horses, but alleged he had a permit for that purpose from the commandant general of the Interior Provinces and he presented as evidence a letter from that official dated in 1798. Vidal, who appeared in person to press the charges against him, explained that the permit had no longer any value. since Nolan had been forced to leave the Spanish dominions as a fugith·e from justice during his last expedition. Nolan reasserted his peaceful purpose and argued that the arms being carried by his men were for defence against thieves and for securing food. The court ruled there was not sufficient evidence to restrain Nolan and his men, declaring: "It is beyond our power and contrary to the constitution of the United States to prevent one or more citizens from leaving their country when it cannot be proved with evidence that their intentions are hostile." 27 In vain did the enraged Spanish official protest against the decision. Nolan won a victory which made it much easier for him to secure men to join his expedition. However. Vidal kept informed through his spies of the plans of Nolan, who. on the eve. of his departure, had to change his proposed route twice. At first he had intended to go west as far as the 26 Testimony given in answer to questionnaire presented to Nolan's men. Nol<JA Documents, Vol. I. (Photostat copies in University of Texas Library.) 27 Vidal to Casa Calvo, October 11, 1800. Nolan Documents, Vol. I, p. 157.
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