Creator: Territorial Governor (RG 2).

Collection Summary: Various documents relating to the attempts of Benjamin Shields to be compensated for his services as an agent of the territory in the matter of Simon Tolls. As the agent appointed to receive Simon Tolls from a Louisiana prison to be returned to Mississippi for prosecution (on charges of stealing silver watches and jewelry from the home of David B. Cumming of Natchez) Shields presented the authorities with a warrant to receive Tolls into his custody. However, due to a misunderstanding with the jailer as well as a misunderstanding about the legality of continuing to imprison Tolls in Louisiana, Tolls was set free. Tolls quickly retreated to safe ground near the Louisiana jail and was not recaptured immediately for extradition. These documents include vouchers, claims, and other related papers attesting to the efforts of Shields to obtain remuneration for his services. A calendar of documents can be found below.

Access Restrictions: Original records in this series are restricted due to age and/or fragility.

Date(s): 1813-1815.

Volume: 0.25 Cubic Feet.

Finding Aid Created By: Colby Cox in March 2025.

Related Materials: TBD.

Record Group History: The Territorial Governor of Mississippi was the figure selected by the U.S. Congress to be the leading political figure of the Mississippi Territory. The Office of the Territorial Governor was created on April 7, 1798 when the creation of the Mississippi Territory was authorized. The Territorial Governor initially had full power over the creation of legislation until a general assembly was formed to represent the state in May of 1800. The Territorial Governor additionally served as the commander-in-chief of the Mississippi militia and was given authority over affairs with native peoples. The office was abolished once Mississippi became a full state in 1817.

Collection Inventory:
Box Content 

Box Number

Affidavits, Orders, Claims Related to Simon Tolls Extradition  

7164

Calendar of Documents 
DOC. #DATEABSTRACT

2305

1813

Claim for remuneration:  Benj. [Benjamin] Shields, requesting $130 for the expense of going to Opelousas to get Simon Tolls

2302

July 5 - September

15, 1813

Letter (marked “copy”), Governor Holmes, Washington, to Governor Claiborne, dated July 5, 1813, enclosing an affidavit [missing], requesting that Simon Tolls be brought back to the territory for trial; copy of letter, Governor Claiborne, New Orleans [Louisiana], to Governor Holmes, dated July 17, 1813, stating that Simon Tolls will be delivered to the agent of the territory by the Keeper of the Parish jail; copy of order, dated July 17, 1813, Governor Claiborne to the Keeper of the Parish jail; copy of letter, Governor Holmes to all who shall see, dated September 8, 1813, stating that Benjamin Shields has been appointed an agent of the territory; copy of court document, from State versus Simon Tolls, District Court, St. Landry Parish [Louisiana], dated September 15, 1813, stating that an order was made and entered into the minutes of the court that Tolls be discharged from all proceedings against him in that court, certified by David L. Todd, Clerk of the District Court

2301

July 17, 1813

Order, Governor Claiborne, Louisiana, to the Keeper of the Parish jail of Opelousas, directing the Keeper to turn over Simon Tolls to Benjamin Shields to be returned to the Mississippi Territory for trial

2312

September 8, 1813 

 

 

 

September 15, 1813

 

 

 

 

 

November 18, 1815

Copy of letter, Governor Holmes to all who shall

see, dated September 8, 1813, stating that Benjamin Shields has been appointed an agent of the territory;

 

Copy of court document, from State versus Simon Tolls, District Court, St. Landry Parish [Louisiana], dated September 15, 1813, stating that an order was made and entered into the minutes of the court that Tolls be discharged from all proceedings against him in that court, certified by David L. Todd, Clerk of the District Court; 

 

Copy of certification, Nathaniel A. Ware, Secretary of the Mississippi Territory, certifying as a true copy the above letter from Governor Holmes appointing Benjamin Shields as an agent of the territory to take possession of the prisoner, Simon Tolls

2303

September 24, 1813

Letter (marked “copy”), Wm. Wilson, District Attorney, Oppelousas [sic] [Louisiana], to Wm. [William B.] Shields, explaining the events which occurred, leaving Simon Tolls free and at large

2304

September 24, 1813

Letter, Wm. Wilson, District Attorney, Oppelousas [sic] [Louisiana] to Wm. [William B. ] Shields, explaining the events which occurred, leaving Simon Tolls free and at large

2306

December, 1813

Communication, Governor Holmes, Washington, to the House of Representatives, stating that Benjamin Shields was appointed agent to receive Simon Tolls, stating that he agreed to rely upon the faith of the territory for a reasonable remuneration

2307

January 12, 1814

Affidavit, Benj. [Benjamin] Shields, Adams County, appearing before Justice of the Peace Ro. [Robert] H. Morrow, stating that he presented the warrant for Tolls to the jailer but the jailer did not act on it; stating that the warrant was presented to the court, which was in session that day; stating that a Wm. Baldwin made a motion to bring Tolls before the court and that he made a motion to discharge the prisoner, which was granted

2308

January 15, 1814

Affidavit, Joseph T. Worsham and Charles Boardman, Adams County, appearing before Justice of the Peace Robert Turner, stating that they saw Shields in Opelousas and walked with him to the court house; stating that he presented the warrant for Simon Tolls to the jailer who refused to act on it; stating that Shields presented the warrant to the court, which was in session that day; stating that a Wm. Baldwin made a motion to discharge the prisoner, Tolls, which was agreed upon and Tolls was allowed to leave

2309

[ca. January 15,

1814]

Certificate (copy), Joseph Worsham, stating that

Benjamin Shields presented the jailer with a warrant for Simon Tolls but the jailer would not act on it; stating that Shields presented the warrant to the court, which was in session that day; stating that a motion was brought forward by a Wm. Baldwin to discharge Tolls and that the motion was agreed upon and Tolls set free

2310

October 6, 1815

Letter, Harvey Donoho, New Orleans [Louisiana], to Benjamin Shields, stating that Simon Tolls was discharged in the fall of 1813; note, Benjamin Shields, to Legislative Committee considering the matter, stating that the principal Sheriff was not present at the time and Harvey Donoho is a deputy

2311

November 23, 1815

Statement, Benj. [Benjamin] Shields, Claiborne County, appearing before Justice of the Peace M. Snyder, stating that the expenses for traveling to Opelousas to take possession of the prisoner, Simon Tolls, are $130