History of Louisiana, the Spanish domination, Part 1

Author: Gayarre, Charles, 1805-1895. cn
Publication date: 1867
Publisher: New York : W.J. Widdleton
Number of Pages: 676


USA > Louisiana > History of Louisiana, the Spanish domination > Part 1


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49



Gc 976.3 G25h v.3 1204282


M. I


GENEALOGY COLLECTION


ALLEN COUNTY PUBLIC LIBRARY 3 1833 02305 2480


Digitized by the Internet Archive in 2016


https://archive.org/details/historyoflouisia03gaya


HISTORY


OF


LOUISIANA.


THE SPANISH DOMINATION.


BY


CHARLES GAYARRE


SECOND EDITION.


NEW YORK: WILLIAM J. WIDDLETON, PUBLISHER. 1867.


Entered according to Act of Congress in the year 1854, BY CHARLES GAYARRE,


In the Clark's office of the District Court of the United States for the Southern District of New York.


1204282


TO


GEORGE BANCROFT,


The friend


WHO ENCOURAGED . HIS LABORS, AND


The historian


WHOSE FAME IS THE PRIDE OF HIS COUNTRY,


THIS WORK


IS GRATEFULLY AND RESPECTFULLY DEDICATED


BY THE AUTHOR.


Southern 1000


CONTENTS.


CHAPTER I. O'REILLY'S ADMINISTRATION. 1769 to 1770.


Page


O'Reilly's Administration-Organization of the Government- Oath of Office-O'Reilly's Proclamation-Duties and Juris- diction of Public Officers-O'Reilly's Legislation-Its Effects on the Laws previously Existing-O'Reilly's Instructions to Commandants-O'Reilly's Enlightened Views on the Com- mercial Wants of the Colony-O'Reilly's Liberal Policy- Raising of the Louisiana Regiment-Inauguration of the Ca- bildo-Concessions of Vacant Lands-Regulations for Grants of Land-New Orleans-Its Annual Revenue-Commercial Regulations-The Capuchins and the Nuns-The French Black Code re-enacted-O'Reilly's Administration approved by the King-O'Reilly's Character,


1


CHAPTER II. UNZAGA'S ADMINISTRATION.


1770 to 1776.


Unzaga's Administration-Commerce of the Colony-Disastrous Hurricane-Religious Quarrels-Father Dagobert-Character of Father Dagobert-Character of Father Genoveaux-Ar- rival of Spanish Capuchins-Father Cirilo's Despatches on the Clergy and Inhabitants of Louisiana-The Clergy of Louisiana in 1772-The Clergy of Louisiana in 1773-Unza-


vi


CONTENTS.


Page


ga's Despatch on the Quarrels of the Clergy-The Colony reconciled to the New Government -- Its Interference between Debtors and Creditors-Power of granting Lands where Vested-Defensive Resources of the Colony-Unzaga desires his Recall-Unzaga recommends a Better Organization- End of Unzaga's Administration,


. 42


CHAPTER III.


GALVEZ' ADMINISTRATION. 1777 to 1783. MIRO'S ADMINISTRATION. 1784 to 1785.


Galvez' Administration-Encouragement to Commerce and Agriculture-Joint Despatch of Villars and D'Aunoy- George Morgan's Letter to Galvez-Galvez provides for the Defence of the Colony-Views of Spain as to the American War in 1777-Galvez gives Assistance to the Americans- Captain Willing's Expedition-New Facilities .granted to Commerce in 1778-Spanish Colonists from the Canary Islands-The English Trade excluded from the Colony- The Confiscation of Noyan's Estate-Other Colonists from the Canary Islands-Ravages of the Small-Pox and of Hurri- canes-Spain declares War against England-Galvez' Mili- tary Preparations-Galvez' Address to the Louisianians- Galvez ready to attack the English-Departure of the Expedition-Fort Manchac carried by Storm-Siege of Ba- ton Rouge-Baton Rouge and Natchez taken-Naval Ex- ploit of Vincent Rieux-Good Behavior of the Militia-Good Behavior of the Blacks and Indians-Rewards granted by the Spanish Court-An Epic Poem by Julien Poydras- Galvez attacks Mobile-Surrender of Mobile-Galvez pre- pares to attack Pensacola-Sounding of the Pensacola Channel-The Spanish Admiral refuses to enter it-Galvez causes the Channel to be sounded-Heroism of Galvez- Siege of Pensacola-Blowing-up of a Redoubt-Capitulation of Pensacola-Insurrection and retaking of Fort Panmure- Retreat of the Insurgents from Natchez-Distress of the In-


CONTENTS.


vii


Page


surgents-Martin Navarro's Circular-Answer of the Colo- nists-Privileges granted to the Colony-Father Cirilo made a Bishop - Treaty between Spain and other Powers- M'Gillivray the Half-Breed Indian-His Propositions and Disclosures to Spain-A Congress of the Indian Nations- Treaty of Spain with the Indians-Regulations for the Indian Trade-Extraordinary Severity of the Winter of 1784- Galvez Viceroy of Mexico-The Character of Galvez-Death of Galvez,


. 105


CHAPTER IV. MIRO'S ADMINISTRATION. 1785 to 1789.


What is a Juez de Residencia ?- Census of 1785-Arrival of Acadian Families-Respite granted to Debtors-Commerce of the Colony-Mirò's View on the same Subject-Navarro's Views on the same Subject-Navarro's Recommendations on the Subject-Royal Order as to the Natchez District in 1786 -Mirò's Bando de Buen Gobierno-Arrival of Irish Priests- Navarro's Fears of the Americans-Defenceless State of the Colony-Encouragement to Emigrants-Commercial Distress of the Colony-Navarro's Advice to his Government-Na- varro's Fears of American Ambition-Epidemics in the Colony -Mirò conciliates the Indians-Cost of Indian Friendship- Schemes to dismember the United States-Plans of Mirò and Gardoqui-Wilkinson's Visit to New Orleans-Wilkinson's Memorial-George Morgan, Leader of Emigrants-Mirò and Wower D'Arges-Mirò's Views on American Emigration- Mirò advocates Commercial Franchises-Miro's Instructions to Grandpré-Oath imposed on Emigrants-Great Fire in New Orleans-Public Education in 1788-Spanish Intrigues with Wilkinson-Wilkinson's Letter to Mirò-Major Isaac Dunn-Alexander Leatt Bullit and Harry Innis-Daniel Clark, Wilkinson's Agent-Wilkinson's Flatboats-Spanish Loan to Wilkinson-M.Gillivray's Letter to Mirò-Intrigues in Cumberland District- Census of Louisiana in 1788-Na- varro's Memorial-Spanish Intrigues in the West-Colonel Morgan's Memorial-Gardoqui's Letter to Major Dunn-


viii


CONTENTS.


Page


Oliver Pollock and James Brown-Inundations in Louisiana -Wilkinson's Intrigues-Col. Marshall and Col. Muter- Caleb Wallace and Benjamin Sebastian-Intrigues in the Kentucky Convention-Action of Wilkinson in that Body- Wilkinson communicates his Views to Spain-Wilkinson's Advice to Spain-Wilkinson's Apprehensions of Detection- English Intrigues in the West-Wilkinson dupes Colonel Connelly-Wilkinson denounces the French-Wilkinson's Devotion to Spain-Gen. St. Clair's Letter to Major Dunn- Wilkinson and James Brown-Gardoqui and Major Dunn- Wilkinson denounces Colonel Morgan-Peter Paulus, Dorsey and Paulin-Wilkinson's Letter to Gardoqui-Mirò's Deal- ings with Peter Paulus-Mirò's Despatch to his Government -Mirò's Instructions to Wilkinson - He recommends to re- ward Wilkinson,


. 167


CHAPTER V.


MIRÒ'S ADMINISTRATION.


1789 to 1791.


Governor Sevier's Letter to Gardoqui-Dr. James White's Let- ter to Mirò-Mirò's Answer-Districts of Mirò and Frankland -Mirò and General Daniel Smith-Mirò and Gardoqui at Variance-Mirò rebukes Colonel Morgan-Colonel Morgan's Apology-Surveyor-General Thos. Hutchins-Pierre Foucher and New Madrid-The Holy Inquisition-Father Antonio de Sedella-The Cathedral in New Orleans-The South Caro- lina Company - Moultrie, Huger, Snipes, Washington- Wilkinson's Advice to the S. C. Company-Sebastian beg- ging Remuneration-Continuation of Wilkinson's Intrigues- G. Nicholas, S. M'Dowell and Payton Short-Continuation of Wilkinson's Intrigues - Wilkinson's Wish to become a Spaniard-Moultrie's Letter to Wilkinson-Mirò's Letter to Wilkinson-Mirò's Contemptuous Language-A Lesson to Traitors-Mirò's Distrust of Wilkinson-Sebastian, a Spy on Wilkinson - Mirò praising Wilkinson - James O'Fallon's Letter to Mirò-Plan of the South Carolina Company- O'Fallon's Credentials-Scheme to set up an Independent Government -Wilkinson's Opinion of O'Fallon - Mirò's


ix


CONTENTS.


Page


Cautious Reserve - Mirò and the South Carolina Com- pany-Mirò's Suggestions-Spain and the Half-Breed M'Gil- livray-The Cabildo's Memorial to the King-Apprehensions of an English War-Negotiations between Spain and the United States-Failure of Mirò's Schemes-Revenue of Louisiana in 1790-Mirò's Departure-Spanish Domination growing popular, .


. 257


CHAPTER VI.


CARONDELET'S ADMINISTRATION.


1792 to 1797.


Carondelet's Administration-Factions in the Colony-Capture of Wm. Augustus Bowles-Life of Wm. Augustus Bowles- M.Gillivray's Death-M.Gillivray's Character-Extension of Commercial Franchises-Jacobinism in Louisiana-Caron- delet's Defensive Measures-Fortifications at New Orleans- Spanish Alliance with the Indians-Carondelet's Policy and Views-Interference between Debtors and Creditors-Caron- delet favors the Natchez District-Emancipation of Indian Slaves-Great Conflagration in New Orleans-Address of French Jacobins-Intrigues of Genet-Military Resources of the Colony-De la Chaise's Address-De la Chaise's Death -Renewal of Wilkinson's Schemes-Etienne de Boré, the First Sugar Planter-Carondelet's Proclamation-The Caron- delet Canal-Encouragement to Emigrants-A Slave Con- spiracy-The Madrid Treaty of 1795-Spanish Intrigues in the West-Power, the Agent of Carondelet-Carondelet's Propositions-Carondelet's Appeal to Wilkinson-Failure of Carondelet's Schemes - War declared against England- Gayoso and Ellicott-Gayoso's Subterfuges-Excitement in the Natchez District-The Committee of Public Safety- Gayoso's Concessions-Intendant Rendon's Despatch-Tak- ing of the Balize by the French-Improvements in New Orleans-First Appearance of Yellow Fever-Bishop Penal- vert's Despatch-General Victor Collot-The New Orleans Fortifications-The Inhabitants of the Illinois District- General Collot's Arrest-The End of Carondelet's Adminis- tration, .


.


. 312


x


CONTENTS.


CHAPTER VII. GAYOSO'S ADMINISTRATION. 1797 to 1799. CASA CALVO'S ADMINISTRATION. 1799 to 1801. Page


Gayoso's Administration-Gayoso's Bando de Buen Gobierno -- Illustrious Strangers in 1798-Duke of Orleans and his Brothers-Captain Guion at Natchez-Formation of the Mis- sissippi Territory-Count Aranda's Prophecy-Reflections on General Wilkinson-Change in Gen. Wilkinson's Views- Daniel Clark appointed Consul-Intendant Morales and his Measures-Morales quarrels with Gayoso-Morales' Despatch -- Morales' Complaints-Morales and Wilkinson-Fine im- posed on Carondelet-Gayoso's Death-Census of Upper Louisiana-Casa Calvo appointed Governor-Bishop Penal- vert's Complaints-Designs of the Americans on Louisiana- Bonaparte and Louisiana-Pontalba's Memoir-Treaty of St. Ildephonso, . 386


CHAPTER VIII. SALCEDO'S ADMINISTRATION. 1801 to 1803.


Rufus King's Despatch-Mr. Madison to Mr. Pinckney-Treaty between Spain and France-Livingston's Despatch to Rufus King-Revolutionary Spirit in the Colony-Dread of the Americans-Morales' Proclamation in 1802-Mr. King on the Cession of Louisiana-Livingston to Talleyrand-Livingston to Madison-Treaty of Amiens - Mr. Madison to Mr. Living- ston-Mr. King and Lord Hawkesbury-Livingston's Exer- tions in France-His Views on the Cession of Louisiana-Mr. Livingston's Negotiations-Livingston and Joseph Bonaparte -- Daniel Clarke and General Victor-Talleyrand's Assur- ances-The Right of Deposit at New Orleans-Madison's Despatch on Colonial Officers-The President to Congress- The President to Monroe-Debates in Congress-Mr. Ross in


xi


CONTENTS.


Page


the Senate-The House of Representatives to the Senate- Mr. Ross's Resolutions-Mr. White's Speech in the Senate- Mr. White in the Senate-Mr. Jackson in the Senate-Mr. Cooke in the Senate-Mr. Morris in the Senate-Mr. Clinton in the Senate-Mr. Breckenridge's Resolutions in the Senate -Mr. Griswold's Resolutions in the House-Mr. Randolph's Motion in the House-Mr. Madison's Despatch to Livingston -Livingston's Propositions to Talleyrand-Credentials to Monroe and Livingston-Mr. Livingston's Energetic Address -Mr. King and Mr. Addington-Livingston's Dealings with Talleyrand-Talleyrand shrugs his Shoulders-Barbé Mar- bois's Walk in the Garden-The Struggle of the Diplomatists -What is Louisiana worth ?- The Negotiation fairly opened- The Way to make a Bargain-Barbe Marbois' Diplomacy -Bonaparte and his Advisers-M. Marbois in Cabinet Coun- cil-Decrès in the Council-Bonaparte in the Council-Treaty of Cession to the United States-Diplomatic Hand-Shaking -- Bonaparte's Prophecy, . . 447


CHAPTER IX.


SALCEDO'S ADMINISTRATION. 1801 to 1803.


Importance of the Cession-Talleyrand's Way of Explaining- Was West Florida ceded ?- French View of the Question- Spain's Protest-Mr. Madison on the Protest-Casa Irujo to Mr. Madison-Madison to Pinckney-The French Chargé on the Protest-The President's Message in 1803-Debates in Congress-Mr. White in the Senate-Mr. Pickering in the Senate-Mr. Tracy in the Senate-Mr. Breckenridge in the Senate-John Quincy Adams in the Senate-Mr. Gris- wold in the House-Arguments of his Opponents-Thomas Randolph in the House-Mr. Griswold in the House-Mr. Dana in the House-Mr. Thomas Randolph in Reply-Mr. John Randolph in the House-Resolutions adopted-What Bills finally adopted, .


. 527


xii


CONTENTS.


CHAPTER X. SALCEDO'S ADMINISTRATION. 1801 to 1803.


Page


Morales and Casa Irujo in Conflict-Intended Reorganization of the Colony-The Colonial Prefect Laussat-Fears of the Colonists-The French coldly received-Laussat on the State of the Colony-Laussat on the Right of Deposit-Laus- sat's Proclamation-Address of the Planters-Address of the Inhabitants of New Orleans-Spanish Commissioners' Pro- clamation-Laussat's Despatch to his Government-Laussat's Discontent-Quarrels between Burthe and Laussat-News of the Cession to the United States-Possession given to the French-Laussat's Proclamation-New Organization of the Colony-Withdrawal of the Spanish Troops-Laussat's Ver- sion of what happened-The First Mayor of New Orleans- Laussat's Preparations-Laussat's Embarrassment-Laussat and the Disaffected Militia - Laussat's Distrust of the Spaniards - Laussat's Excitement - Review of Laussat's Course-Splendid Festivities-Claiborne and Wilkinson's Joint Commission-The Americans take Possession-Clai- borne's Proclamation-Situation of the Colony in 1803- Louisiana an Incumbrance to Spain-Concluding Remarks, . 576


APPENDIX, . . 629


·


HISTORY OF LOUISIANA.


.


SPANISH DOMINATION.


CHAPTER I.


O'REILLY'S ADMINISTRATION. -


1769 to 1770.


IN a preceding work on the French domination in Louisiana, I have related the cession of that colony to Spain in 1762, the attempt of that power to take posses- sion of its new domain in 1766, the insurrection of the colonists in 1768, who drove away the Spaniards, the arrival of O'Reilly at New Orleans with overwhelming forces, to avenge the insult offered to his Catholic Majesty, the trial and punishment, on the 25th of October, 1769, of the leaders of the insurrection, and the final and com- plete occupation of the province by the Spaniards. The object of the present work is to record the history of Loui- siana, as a Spanish colony, from 1769 to December 1803, when again her destinies were changed, and she was trans- ferred to the United States of America.


O'Reilly, having secured the obedience of the new sub- jects of Spain, and having, by the terror which the blood he spilt had inspired, guarded against the repetition of any attempt, similar to the one which he had so severely


1


2


O'REILLY'S ADMINISTRATION.


repressed, showed his sense of security by sending away the greater portion of his troops; and, retaining only about 1,200 men, he proceeded to the immediate organi- zation of the province in its military, judicial, and com- mercial departments. It will be recollected that Louis XV., in his letter to Governor D'Abbadie, after the ces- sion of Louisiana to Spain, had expressed the wish that Louisiana should preserve the laws, institutions, and usages to which it had been so long accustomed, and had de- clared that he expected from the friendship of his cousin, the king of Spain, that, for the welfare and tranquillity of the colonists, that monarch should give to his officers in that province, such instructions as would permit the inferior judges, as well as those of the Superior Council, to administer justice according to the old laws, forms, and usages of the colony. Such, at first, had been the intention of his Catholic Majesty, but it was changed by the events which occurred in the colony in 1768; and, on the 25th of November, 1769, O'Reilly issued a procla- mation,* in which he informed the colonists that, consi- dering the part which the Superior Council had acted in the late disturbances, his Majesty thought proper to abo- lish that tribunal, and to establish in Louisiana that form of government and that system of administration, which had always succeeded in maintaining tranquillity and subordination in the domains of his Catholic Majesty, and which had secured for them a durable prosperity. Perhaps the king of Spain, who could not decently have disregarded the wishes expressed by the king of France in relation to his royal donation, was not backward to avail himself of the opportunity offered to him by the colonial insurrection, to refuse the continuance of the French organization, and to remodel it in the Spanish


* American State Papers, vol. i., p. 363. Miscellaneous.


1


3


ORGANIZATION OF THE GOVERNMENT.


style. It was natural for the statesmen of Spain, to think it sound policy to assimilate their new acquisition to their other possessions, and to efface all that might tend to keep up or revive in the colony the recollection and regrets of the past.


Thus O'Reilly, in his proclamation, announced that a Cabildo would be substituted for the Superior Council, and be composed of six perpetual regidores, two ordinary alcaldes, an attorney-general Syndic, and a clerk, over which body the governor would preside in person.


The offices of perpetual regidor and clerk were acquired by purchase, and, for the first time, at auction. The pur- chaser was declared to have the faculty of transferring his office to a known and capable person, from whom he was permitted to require in payment one half of its appraised value; but one third only could be received on any subsequent mutation.


Among the Regidores were to be distributed the offices of Alferez Real, or Royal Standard Bearer, of Principal Provincial Alcalde, of Alguazil Mayor, or High Sheriff, of Depositary General, and of Receiver of Fines.


The ordinary Alcalde and the Attorney-General Syndic were to be chosen, on the first day of every year, by the Cabildo, and were always re-eligible, during the two first years, by a unanimous vote, and subsequently by a bare majority. At such elections the votes were openly given and recorded.


The ordinary alcaldest were, individually, judges within the town of New Orleans, in civil and criminal cases, in which the defendant did not possess and claim the pri- vilege of being tried by a military or ecclesiastical tri- bunal, in virtue of the fuero militar, or fuero ecclesiastico .;


* Martin's History of Louisiana. + Ibid.


# Fuero means privilege-for instance, such as the fueros, or privileges granted


.


4


ORGANIZATION OF THE GOVERNMENT.


These alcaldes, in their chambers, and without any writ- ten proceedings, took cognizance of, and summarily de- cided upon, all judicial matters in which the value of the object in dispute did not exceed twenty dollars. In other cases, they sat in a hall destined for this purpose, and their proceedings were recorded by a notary and a clerk ; and when the value of the object in dispute exceeded ninety thousand maravedis ($330 88c.), an appeal lay from their decision to the Cabildo.


This body did not examine itself the judgment ap- pealed from, but chose two Regidores, who, with the Alcalde who had rendered it, revised the proceedings ; and, if he and either of the Regidores approved the deci- sion, it was affirmed.


The Cabildo sat every Friday, but the Governor had the power of convening it at any time. In his absence, one of the Alcaldes presided, and, immediately after the . adjournment, two Regidores went to his house and in- formed him of what had been done.


The ordinary Alcaldes had the first seats in the Ca- bildo, immediately after the Governor; and, below them, the other members sat in the following order: the Alferez Real, or Royal Standard Bearer, the Principal Provincial Alcalde, the Alguazil Mayor, or High Sheriff, the Depositary General, the Receiver of Fines, the Attor- ney General Syndic, and the Clerk.


The office of Alferez Real was merely honorary, no other function being assigned to the incumbent but the bearing of the royal standard in a few public ceremonies. The Principal Provincial Alcalde had cognizance of offences committed out of the town; the Alguazil Mayor executed personally, or by his deputies, all process from the different tribunals. The Depositary General took


to particular provinces, to corporations, to the military, or to the ecclesiastica] body, &c. &c.


5


ORGANIZATION OF THE GOVERNMENT.


charge of all moneys and effects placed in the custody of the law. The functions of the Receiver General of Fines are pointed out by his official denomination. The Attorney General Syndic was not, as may be supposed from his title, the prosecuting officer of the crown. His duty was to propose to the Cabildo such measures as the interest of the people required, and to defend their rights. This was a sort of imitation of the Roman tri- bune, and shows that, even in those days, and under that form of government which was reputed, not only abso- lute, but also tyrannic, the people, contrary to the general belief, were admitted to have rights, which were to be advocated and defended. Such at least was the theory, if the practice was different.


The Regidores, or municipal officers, received fifty dollars each, annually, from the treasury. The Principal Provincial Alcalde, the Alguazil Mayor, the Depositary General, the Receiver of Fines, and the Ordinary Al- caldes were entitled, as such, to fees of office.


In certain cases, there was an appeal from the highest tribunal of the province to the Captain General of the island of Cuba ; from him, to the Royal Audience in St. Domingo, and thence to the Council of the Indies in Madrid.


The other officers of the province were a Captain General residing in Cuba, and to whom the Governor of the colony seems to have been subordinate; a Governor, clothed with civil and military powers; an Intendant, who had the administration of the revenues, and of all that concerned the naval and commercial department ; a Contador, or Royal Comptroller ; an Auditor of War and Assessor of Government, who was the legal adviser of the Governor ; an Auditor of the Intendancy, who was the legal adviser of the Intendant. There being in those days, in Louisiana, a scarcity of men learned in the law,


-


6


ORGANIZATION OF THE GOVERNMENT.


says Judge Martin in his History, the Auditor of War frequently acted as the counsel, not only of the Governor, but also of the Intendant, of the Cabildo, and of all the other public functionaries. There was a secretary of the governor and a secretary of the intendant, a treasurer of the province, a general storekeeper and a purveyor, a surveyor general, a harbor master, an interpreter of the French and English languages, an Indian interpreter, and three notaries public; besides, a collector, a comp- troller, a cashier, an inspector, and a special notary for the custom-house.


Every officer who received a salary of more than three hundred dollars a year, was appointed by the crown; inferior offices to these were in the gift of the governor, or of the intendant, in their respective depart- ments. The governor exercised judicial powers in civil and criminal matters throughout the province, as did the intendant with regard to all that appertained to the revenue and the admiralty; and as did the vicar general in the ecclesiastical department. These officers had, it seems, exclusive jurisdiction in their respective courts. The two former were assisted, as I have already said, by an auditor or assessor, whose opinion they might, on their own responsibility, disregard. It was one of the powers of the governor to make grants of land.


In every parish, says Judge Martin in his History, an officer of the army or militia, of no higher grade than a captain, was stationed as civil and military commandant. His duty was to attend to the police of the parish and preserve its peace. He was instructed to examine the passports of all travelers, and suffer no one to settle within his jurisdiction, without the license of the gover- nor. He had jurisdiction over all civil cases in which the value of the object in dispute did not exceed twenty dollars ; in more important cases, he received the petition


7.


OATH OF OFFICE.


and answer, took down the testimony, and transmitted the whole to the governor, by whom the record was sent to the proper tribunal. He had the power to punish slaves, and arrest and imprison free persons charged with offences, and was bound to transmit immediate in formation of the arrest, with a transcript of the evidence, to the governor, by whose order the accused was either discharged, or sent to New Orleans. These parish com- mandants acted also as notaries public, and made in- ventories and sales of the estates of the deceased, and attended to the execution of judgments, rendered in New Orleans, against defendants who resided in the country parishes.


The Spanish language was ordered to be employed by all public officers in their minutes ; but the use of the French was tolerated in the judicial and notarial acts of the commandants.




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