USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 1
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Gc 977 G62p v.3 1949953
M. L.
REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01715 3609
Digitized by the Internet Archive in 2010 with funding from Allen County Public Library Genealogy Center
http://www.archive.org/details/provincestateshi03good
4375
THE
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Province and the States
A HISTORY OF THE PROVINCE OF LOUISIANA UNDER FRANCE AND SPAIN, AND OF THE TERRITORIES AND STATES OF THE UNITED STATES FORMED THEREFROM
IN SEVEN VOLUMES
ILLUSTRATED WITH NUMEROUS MAPS AND PORTRAITS
Public Library
AUGG 1964 Dallas Texas B.
Weston Arthur Goodspeed, LL. B. , Editor-in- Chief 3
VOL. III
MADISON, WIS. THE WESTERN HISTORICAL ASSOCIATION 1904.
W
1949953
COPYRIGHT, 1904, BY THE WESTERN HISTORICAL ASSOCIATION MADISON, WIS.
5
Press of the Democrat Printing Co., Madison, Wis.
. 96522 V.3
1 Table of Contents
Louisiana
CHAPTER I.
EARLY EVENTS-Act of October, 1803-Act of March, 1804-Terri- tory of Orleans-Government-Laws-Territorial Legislatures -Maison-Rouge-D'Bastrop-Act of March, 1805-The Sur- vey's-French and Spanish Claims-Land Commissioners- Tracts Opened-West Florida Claimed-Back Lands-Pre- emption-Houma Claim-Resident Indians
PAGES
17-31
CHAPTER II.
TERRITORY OF ORLEANS-Debate in Congress-The Bill-The Ter- ritorial Legislature-Objections of the Louisianians-Clai- borne-Courts-The First Laws-"Ancient Inhabitants"-The Americans-Their Rivalries-Spanish Threaten New Orleans -Burr Conspiracy-General Wilkinson-The Batture Cases- Ask for Statehood-West Florida Independence-Proceedings of the Territorial Legislatures
32-49
CHAPTER III.
LOUISIANA STATE UNDER CLAIBORNE-Enabling Act-First Consti- tutional Convention-West Florida Annexed-State Officers- Important Laws-Result of First Election-State Constitu- tion-French and Spanish Claims-War of 1812-Claiborne's Difficulties - Lafitte - Prosperity-The British Defeated-A Hostile Legislature-Jackson's Mettle-Louisianians Thanked by Congress-Peace-Claiborne's Retirement 50-66
612144891
OK 8
TABLE OF CONTENTS.
CHAPTER IV.
EVENTS FROM 1816 TO 1828-Villere's Administration-Laws-Po- litical Contentions-"Ancient Inhabitants"-New Population -Elections - Legislative Districts-Yellow Fever-Slavery -Hospitals for Northern Boatmen - Reapportionment-The Government Criticised-Abolition Resolutions-Villere's Pa- cific Rule - The Tariff-Sugar-Jackson's Popularity-City and Country Parties-Proceedings of the Assemblies-Bonds for Jefferson's Heirs-Visits of Lafayette and Jackson.
PAGES
67-87
CHAPTER V.
LOUISIANA FROM 1828 TO 1840-Jackson's Power-Strength of the Federalists -Election of 1828-New Laws-Roman-Sugar Production and Slave Labor-Gubernatorial Contest of 1830- Spanish Feodality Still Present-Aristocrats-Nullification De- nounced-Election of 1832-The Whigs-Texas-Abolitionism -Contest of 1834-Creoles vs. Americans-The Bank Bills- Internal Improvement-Contest of 1836-The Seminoles- Contests of 1838-Panic of 1837-Legislative Acts. 88-102
CHAPTER VI.
THE OVERTHROW OF THE WHIGS-Abolitionism Discussed and De- nounced-Suspension of Specie Payments-Imprisonment for Debt Partly Modified-Education Assisted-Campaign of 1841 -Constitutional Convention-Mouton-Contest of 1844-The Whig "Trinity"-Important Legislative Acts-The Election of 1845-Runaway Slave Cases-Constitution of 1845 - Mexican War-Election of 1846 -- Contest of 1848-Abolitionism-Con- stitution of 1852-Slavery
103-123
CHAPTER VII.
EVENTS FROM 1852 TO 1860-Campaign of 1852-Yellow Fever- Commercial Prosperity-Important Acts-Education-Lopez' Expedition-Fierce Politics-Kansas-Nebraska Act-"The Lit- tle Giant"-Contest of 1855-The Republicans Denounced- Slavery the Issue -- Campaign of 1856-Bloodshed-Legislative Acts-The Lincoln-Douglas Debate-Contest of 1858-Doug- las Visits New Orleans - Campaign of 1859-Momentous Events of 1860
124-137
9
TABLE OF CONTENTS.
CHAPTER VIII.
CIVIL WAR PERIOD-The Issue-The Secession Convention-Op- position-Vote on Secession-The Declarations-Public Sen- timent -War-Troops-Funds-Loans-Martial Law-Feder- alists Take Possession-Shreveport the Capital-The Military Governors-Confederate State Legislature-Election of 1863- Hahn-Constitution of 1864-Troublous Times-The Banks- First Federal Legislature-Allen-End of the Confederate State Government 138-152
PAGES
CHAPTER IX.
RECONSTRUCTION-Legislature of 1865-Amendments of the Fed- eral Constitution-Fight Against Negro Rule-Federal Bayo- nets-Distressing Financial Condition-Terms of Readmission -Official Corruption -Constitution of 1868-Restriction of Suffrage-Test Oath-Its Abrogation-Vagrant Law-The Levees-Railroads-Crops-The Treasury Plundered-Bonds -Legislative Extravagance-White Leaguers-Intimidation- Massacre-Fight for Control-Debt Refunded-Honest Gov- ernment Demanded-The Contests of 1876 and 1877.
153-179
CHAPTER X.
EVENTS FROM 1877 TO 1903-Governor Nicholls-Prosperity and Peace-New Fiscal Policy-Public Health-The Levees-Pub- lic Institutions-Lands Reclaimed-The Resolutions of 1879- Eads' Jetties-Yellow Fever-Race Education-United States Senator-Constitution of 1879-Lotteries-Floods of 1882 and 1884 -Great Progress -Agriculture -- Immigration-Internal Improvement-The Lottery Expelled-Flood of 1890-Consti- tution of 1898. State Commissioners Created-Separate Racial Education-Great Progress
180-199
CHAPTER XI.
WARS OF 1812, WITH MEXICO AND WITH SPAIN-The British Fleet- Jackson to Defend-American Flotilla Dispersed-Jackson's Nondescript Army-Lafitte's Pirates-Kentucky and Tennes- see Riflemen-Capture of Villere's Plantation-First Ameri- can Victory-Fighting at English Town-Battle of January 8 -Rejoicing-War with Mexico-Relief Corps-Call for Vol- unteers-Intense Interest-Deeds of Heroism-The Battles- The Regiments-Peace-The Spanish-American War. . . 200-207
10
TABLE OF CONTENTS.
CHAPTER XII.
THE CIVIL WAR-Federal Forts Occupied-Active Steps for War- Volunteering-The Regiments-The Military Commission- Secession-National Flag of Louisiana-Departure of Troops -Battles-Terrible Losses-Victories-New Orleans Threat- ened-Is Captured-General Butler's Orders and Acts-Con- flict in the State-The Gunboats-Port Hudson-Weitzel vs. Mouton-Banks-Taylor-Gardner-Kirby Smith-The State Campaigns-Fall of Port Hudson-Franklin-Red River- The Fleets-Mansfield-Pleasant Hill-Retreat of Banks- Where the Regiments Fought-Union Regiments-End of the War
PAGES
208-227
CHAPTER XIII.
PUBLIC INSTITUTIONS, OFFICIALS, STATISTICS, ETC .- The Capital- State Flag-State Flower-Seminaries-State University- Tulane University-State Normal School-Industrial Insti- . tutes-Southern University-Biologic Station-New Orleans University-Straight University-Charity Hospital-Blind Asylum-Deaf and Dumb Asylum-Insane Asylum-Peniten- tiary-Confederate Memorial IIall-Soldiers-Touro Infirm- ary-State Library-Howard Library-State Officials-Popu- lation-Productions-Counties-Statistics 228-248
Arkansas
-
CHAPTER I.
FROM 1541 TO 1819-Spanish and French Explorers-Settlement- Arkansas a Part of What ?- The Territorial Government- Extinguishment of Indian Titles-Early Counties-Arkansas Post-The Pioneers-Incidents, Observations and Statistics . 251-274
CHAPTER II.
THE TERRITORY-Administrations of the Various Governors-Set- tlement and Development-The Land Offices-Seat of Gov- ernment-Important Legislative Enactments-The Press -- Elections-"The Code"-Counties Organized-The Officials- Churches and Schools-Roads-Navigation ---- Constitutional Convention of 1836-Admission 275-297
II
TABLE OF CONTENTS.
CHAPTER III.
STATE FROM 1836 TO 1860-Organization-Politics-Annexation of Texas-Mexican War-The State Governors-Indian Trou- bles-New Counties-Important Acts of the Legislatures- Public Institutions-The Old Banks-Marion County War- The Supreme Court-Population-Prosperity-Schools and Churches-The Internal Improvements-Threatening Political Events
PAGES
-
298-327
CHAPTER IV.
THE CIVIL WAR-Constitutional Conventions of 1861 and 1865- The Military Board-State Volunteers on Both Sides-The Regimental Organizations-Battles on Arkansas Soil-Suf- ferings of the People-Two State Governments-Distin- guished Soldiers and Civilians-Congressmen-Four Years of Vicissitudes and Anguish
328-354 -
CHAPTER V.
THE STATE AFTER THE WAR-Havoc Wrought-Problems of Re- construction and Peace-Disfranchisement and the Test Oath -Pensions for Disabled Confederates-Public School System -Constitution of 1868-Martial Law-Affair of the Hesper- Plots and Counterplots-Internal Improvements-Brooks- Baxter War-Constitution of 1874-Other Events of Great Interest
355-377
CHAPTER VI.
RECENT EVENTS-Period of Great Progress-Agriculture and Horticulture-Industrial and Educational Institutions-Finan- ces-State Debt-Railroads-Corporate Encroachments-Tri- umph of the State-Penitentiary-New Capitol-Arkansas Exhibits-The Spanish-American War-Important Events of . Many Administrations-Statistics 378-403
12
TABLE OF CONTENTS.
Oklahoma Territory
CHAPTER I.
PAGES
EARLY OCCURRENCES-Explorations-Settlement Overflow-Expe- ditions-Indian Tribes-Trading Posts-Trails-Treaties- Five Civilized Tribes-Civil War-Reservations-Massacres- Agencies-Cattlemen-Stage Lines-Public Land Strip. ..... 407-423
CHAPTER II.
SETTLEMENT-Unoccupied Lands-The "Boomers"-Payne's Col- ony-Osborn's Petitioners-Land Openings-Proclamation- "Sooners"-Land Agents-Live Stock Associations-Camps .
of the Invaders-Conflict with Troops ... 424-441
CHAPTER III.
SETTLEMENT CONTINUED-Land Fever-Rush for Homes-Town Sites-Land Offices-Claim Jumpers-Prairie Schooners- Mushroom Towns-Fake Concerns-Confusion-Territorial Government Demanded-Congressional Action-Admission .. 442-456
CHAPTER IV.
THE TERRITORIAL ERA-The Governors-First Legislature-Its Important Acts-The Capital-Reservations Opened-Greer County-The Strips-Rough Riders-Free Homes-Popula- tion-Public Institutions-Schools-Cherokee Outlet-Span- ish War-Land Drawings-Statistics. 457-478
CHAPTER V.
STATEHOOD-Population-The Taxable Property-Indebtedness- -Schools-State Institutions-Proceedings of Congress- Elections-Bills for Admission-Fight in Congress-Division -Statistics 479-485
13
TABLE OF CONTENTS.
Indian Territory
CHAPTER I.
EARLY CONDITION-The Five Civilized Tribes-The Indian Ques- tion-Exchange of Lands-Removal-The Problem Difficult- Government Guaranties-Policy Ineffective-Tribal Relations -Reservations-Treaties and Annuities 489-498
PAGES
CHAPTER II.
INDIANS ESTABLISHED IN THE WEST-Patents to the Nations-No Man's Land-Indian Homes-The Various Tribes-Blanket Indians-Civilization-Cheated by Traders-Half Breeds- Indian Feuds-Laws-Government- Education-Progress- The Civil War-Its Terrible Effects-Indian Troops-New
Treaties-Reconstruction
499-519
CHAPTER III.
INDIAN POLICY CHANGED-Government More in Control-Rail- roads-Lawless Whites-Squaw Man-The Leases-Whites in Possession-Question of Sovereignty-Wealth of the Ter- ritory-Institutions-The Cattle Kings-Corruption-Crime- Dawe's Commission-Allotment in Severalty-Current Legis- lation-Politics-Statehood- Products-Resources-Statistics 520-543
.
State of Louisiana
Hon. Benjamin Franklin Jonas. Associate Editor
Louisiana
CHAPTER I
Early Events, Public Land Claims, Etc.
T HE ACT of October 31, 1803, enabled the president to take possession of and occupy the territory ceded by France to the United States by the treaty of Paris April 30, 1803. It also provided "that until the expiration of the present session of Congress, unless provision for the temporary government of the said territories be sooner made by Congress, all the military, civil and judicial powers exercised by the officers of the existing gov- ernment of the same, shall be vested in such person and persons and shall be exercised in such manner, as the President of the United States shall direct for maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion." By acts approved November 10, 1803, congress made full provision to pay France for the province.
The act of March 19, 1804, provided that all money received for duties and taxes by officers in Louisiana, acting on behalf of · the United States, should be paid into the public treasury. For the purpose of paying United States officials in Louisiana and for defraying other civil expenses therein from the time of taking possession to such date as a form of government should be adopted by congress, the sum of twenty thousand dollars was appropri- ated, the same to be expended under the direction of the president. The act of March 26, 1804, divided the province into two terri- tories. All that portion of the province south of Mississippi ter- III-2
·
OK 18
THE PROVINCE AND THE STATES.
ritory and east of the river Mississippi and all south of the north- ernmost part of the thirty-third parallel west of the river Missis- sippi were constituted the territory of Orleans. The wording concerning that portion east of the Mississippi was designed to leave free from prejudice the claims of the United States to West Florida. By this act the executive power was vested in a gov- ernor to be appointed by the president and to hold office for three years unless sooner removed. He was constituted commander- in-chief of the territorial militia, was vested with power to grant pardons for offenses against the territory and reprieves for offenses against the United States until the decision of the presi- dent should be made known. . He was given power to appoint all civil and militia officers not otherwise provided for, and was bound to see that all laws were duly executed. This act also pro- vided for the appointment by the president of a territorial secre- tary whose term was to be four years.
The legislative power was vested in the governor and in thir- teen of the most fit and discreet persons of the territory, to be called the legislative council, who should be appointed annually by the president from among citizens holding real estate therein and occupying no office of profit under the United States. The governor with the advice of the legislative council or a majority of them was empowered to modify or repeal the laws in force at the date of the approval of the act. This power was extended to all rightful acts of legislation; but it was provided that no law should be valid if inconsistent with the constitution and laws of the United States or if in contravention of the freedom of reli- gious worship. The governor was directed to see that all laws passed were duly published. The governor and council were pro- hibited from exercising any power over the soil, from levying tax upon the lands of the United States within the limits of the terri- tory and from interfering in any way with the many land claims. The legislative council was to be convened at the pleasure of the governor.
The judicial power was vested in a superior court and such inferior courts and justices of the peace as should be established by the legislative council. The judges of the superior court and justices of the peace were to serve four years. Three judges, either of whom was constituted a court, were to form the superior court. Provisions were made for trial by jury and for the privi- lege of habeas corpus. The governor, secretary, judges, district attorney, marshal and all general officers of the territorial militia were to be appointed by the president by and with the advice and
19
LOUISIANA, EARLY EVENTS.
consent of the senate. A district court of one judge was estab- lished : he was required to hold four sessions annually in New Orleans. The salary of the governor was fixed at five thousand dollars, of the secretary, at two thousand dollars, and the judges, at two thousand dollars. The members of the council were to receive four dollars per diem. By this act (March 26, 1804) inany of the laws of the United States were extended over the territory.
The same act provided that all laws then in force in the terri- tory not inconsistent with the act should continue in force until altered by the legislature. The importation of slaves was pro- hibited. All lands of the territory held by the government of Spain prior to the treaty of San Ildefonso (October 1, 1800) were declared to be the property of the United States. Claims of a subsequent date were declared to be invalid; but the claims of actual settlers were properly excepted under certain conditions from the operations of this proviso. All citizens of the United States were prohibited from settling upon government lands within the territory. The president was authorized to stipulate for the removal of certain Indian tribes east of the Mississippi to the west side by an exchange of lands. The act of March 30, 1802, to regulate trade and intercourse with the Indians, was extended over the territory. The act of October 31, 1803, to enable the president to take possession of Louisiana, was continued in force to October 1, 1804, at which date it was to be superseded by the act of March 26. 1804.
In March, 1795, the Marquis de Maison Rouge, a knight of St. Louis and a royalist, who had been banished from France and whose goods had been confiscated by the revolutionists, entered into an agreement with Baron de Carondelet, Francis Rendon and Joseph de Orue, all prominent Spanish officials at New Orleans, to bring into Louisiana thirty families, none of whom should be Americans, for the purpose of forming a settlement on the Washita river. The object of the settlement was to raise wheat and manu- facture flour ; and the Marquis agreed to build grist-mills and make other important improvements. The Spanish government agreed to give to each family of one laborer a bounty of one hundred dol- lars; to one of two laborers, two hundred dollars; to one of three laborers, three hundred dollars, and so on in like proportion; and further agreed to assist them with guides and provisions from New Madrid to their destination, and to pay the cost of trans- porting their effects via the ocean and New Orleans to the Wash- ita, provided the weight for each person did not exceed tlirce
20
THE PROVINCE AND THE STATES.
hundred pounds. Probably all of the families were French refugees and royalists, who had first found a harbor in the United States and who designed to pass down the Ohio river on their way to the Washita. In addition to all this assistance, Spain further agreed to give to each family of two laborers a tract of 400 arpents of land, or about 330 acres. Larger and smaller families were to receive in the same proportion, and the European serv- ants, after six years, were to receive the same moiety. All were required to be laborers-carpenters, blacksmiths, locksmiths, farmers-and no single men were admitted to the establishment. The next year the Spanish authorities granted to the Marquis for this establishment "thirty superficial leagues," or about 173 square miles. Tract No. I of this grant was located "on the right bank of the river Washita, commencing or starting five arpents below the mouth of the bayou Cheniere au Tondre till it reached the bayou Calumet with the depth necessary to complete or produce 140,000 arpents," and tract No. II was located "on the left bank of the same river Washita, to start or begin two leagues below Fort Miro at the point called Laine, till it reaches the Prairie de Lee, with the necessary depth to complete or produce 60,000 arpents superficial." There was enough more to complete a grand total of 208,344 superficial arpents.
After the lapse of many years and after many transfers of the property in parcels had been made to many individuals, the ques- tion arose, To whom was the grant of "thirty superficial leagues" made? The grant had been approved by the Spanish king, the settlement had been commenced, and the proceedings had been approved by the American commissioners, which sanction had been the basis of the many transfers. But in the decade of the forties the case went to the supreme court of the United States, where it was decided that the grant was not to Maison Rouge, but to the colony which he was authorized to form by the Spanish authorities. The grant was not to him individually, but to the establishment he was permitted to superintend. Thus, when the colony was abandoned, the land descended to the United States, which had become the owners of Louisiana province. Many cases of hardship resulted from the belief that the grant was made to Maison Rouge individually, but the supreme court was undoubtedly right.
The Spanish grant to Philip Henry Neri de Bastrop was sim- ilar in all particulars to that to Maison Rouge. He was simply the agent of the Spanish government, and was granted the large tract for the benefit of himself and his colonists. Individually,
21
LOUISIANA, EARLY EVENTS.
he had no claim to the land; he was merely at the head of what was called his "establishment." He could offer no inducement of his own for the families to settle on the Ouachita, and conse- quently called upon the Spanish authorities for a large tract to be given to them gratis as an inducement to settle there. His profits were to come from his mills, his monopoly of the flour trade, and from such portion of the grant as he might get in the end .. Accordingly, the Spanish government granted to his estab- lishment a tract of "twelve square leagues" on the Ouachita. This grant was made in June, 1795, although the document is dated June, 1796. The Spanish authorities agreed to bear the expenses of the families from New Madrid to the Ouachita and to maintain them at the latter place for six months; but, in order that some limit might be placed on this expense, they stipulated that not more than five hundred families should be thus located. They further agreed that the inhabitants should not be molested in the observance of their religion, but prohibited them from religious ceremonies in public. They likewise agreed to furnish seed for their crops during the first six months. In 1796 another small tract was furnished, and upon the same flour and saw mills were to be built. At first no family was to have more than 400 arpents, but after the province passed to the United States this rule was violated. There was another provision to the effect that negroes for the cultivation of indigo should not be introduced, but this proviso was likewise changed afterward. It was provided that Don John Fathiol, the commandant of Ouachita, should "desig- nate the twelve leagues square, half on the side of the bayou Siard and half on the side opposite the Ouachita for the purpose of placing there families which the said Baron may direct, it being understood that no greater concession of land is to be given to any one than 400 square arpents at most gratis and free from all duties" The principal grant was located on the Ouachita, about eighty leagues from its mouth; it touched the Ouachita river, and the bayous Ouachita, Bartholemi and Siard (written also Siar, Liard and Liar), but was not to interfere with the grant to the establishment of Maison Rouge on Prairie Chateller- ian. The "twelve square leagues" embraced about 1,016,264 superficial arpents, or about 846,880 acres. It was provided that "after the lapse of three years, if the major part of the establish- ment shall not have been made good, the twelve leagues square destined for those whom the petitioner may place there shall be occupied by the families which first present themselves." By 1803 when the province passed to the United States, between twenty
22
THE PROVINCE AND THIE STATES.
and thirty families only had been located on this grant. The surveyor-general at this time was Don Carlos Laveau Tradeau. After many years the supreme court of the United States was called to pass on the question of title to this tract. It was claimed that the grant of "twelve leagues square" was to Bastrop indi- vidually, but this was shown by the court to have been impossible. The title of the United States was declared good.
By the act of March 2, 1805, the powers of the surveyor-gen- eral south of Tennessee were extended over all the lands of Orleans territory; but such surveys therein as he might make were to be under the immediate orders of the president. When the province passed to the United States, Antoine Soulard, former Spanish surveyor for the territory, stated that only 61,859 acres in all of Louisiana were granted on what were called registered titles, and that more than 1,500,000 acres were grounded on unregistered titles said to have been granted by the last two Spanish governments. "As that enormous difference between the old regular and the late irregular grants conveys a strong suspicion of fraud," he suggested an investigation. Not only was there great fraud perpetrated thus, but, after the United States took charge and, through the surveyor-general, appointed many deputy surveyors, additional frauds to an alarming extent occurred; so much so that the commissioner of the land office camplained in July, 1805, and called attention to the deplorable state of affairs.
The plan of the government was to make the survey of Louisi- ana conform to the surveys east of the Mississippi-in the south particularly with that of the territory of Mississippi. It was recommended that a start should be made at the point where the thirty-first parallel intersected the Mississippi, and this recom- mendation was adopted by Isaac Briggs, the surveyor-general of Mississippi territory, who was also the surveyor-general of Louisi- ana, or rather of Orleans territory. That point in the Missis- sippi had been definitely established by Andrew Ellicott in 1797. Thus the thirty-first parallel became the base for all the surveys of Louisiana, except those in the southeast portion of the state. The surveyors were instructed to respect the rights of the Indians : where the villages of the tribes stood only the boundaries of the sections were to be located. Mr. Duplantier, under the direction of Mr. Madison, attorney in fact of the Marquis de Lafayette, located the tracts which had been granted to the latter : he selected them in the thrifty colony of Pointe Coupee, but as they included several old improvements, the title to which could
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