USA > Louisiana > Historical memoirs of Louisiana, from the first settlement of the colony to the departure of Governor O'Reilly in 1770; > Part 20
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But who, after all, is this officer of his Catholic majesty ? With what com- missions is he invested ! With what powers clad, to exercise so tyrannical an authority even before showing his powers and titles, which we have never yet seen ? A confused rumor tells us, that during his long stay at the Balize with M. Aubry, our commandant, an act of transfer was passed under their private seals. If this be true, what is his political principle in not publishing this act and declar- ing his rank, unless it be to cloak his tyranny under the seal of the French rule !
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mission of the inhabitants to him, proves what Ulloa would have received had he fulfilled the usual and necessary formali-
The term tyranny may seem too strong ; let us add that of vexation, to keep pace with the facts. With what menacing show, even at the time when he re- ceived from us only marks of blind submission, did he not present in one hand the first fruits of the new law, in the other the avenging sword ? The ordinance of September 6th, 1766, (the first decree of his will published here, and wherein the august name of his Catholic majesty was abusively employed, ) this ordinance was promulgated in our roads at the sound of the drum, and at the head of twenty Spanish soldiers with muskets and bayonets. Was it to insult us or prevent our murmurs? If the former, what would Ulloa 'have done in a city conquered and taken by assault ? What pomp would he have selected to deliver his ordinances, when he acts thus to friends and allies ? Did he take us for Indians of Mexico or Peru ? If the latter, was the Spanish envoy ignorant that this ordinance, the fruit of his false statements, was diametrically opposed to our welfare, and at the first blush calculated to excite our murmurs ? Loaded with our deserved hatred, his country may approach him with want of policy in forcing us to fear all Spanish rule.
We have with indignation beheld him sell to an Englishman the liberty of four Germans at fifteen dollars ahead; and when, on the day of the revolution, Aubry, our commandant, urged by our prayers and entreaties, authoritatively demanded their restoration, we beheld these eufranchised men come down from the Spanish frigate when their new master retained them, and on the levee cast themselves at the feet of their liberators. We have seen those unfortunate victims of the scourge of war, those persevering citizens, who have sacrificed their hereditary possessions to the patriotic sentiment, unfortunate Acadians, who, hitherto gathered in our parts, and protected by our commanders and judges, began to find consolation in their disasters, and labored to retrieve them-we have seen them alarmed by the frantic rage of Ulloa at their humble representations, and trembling at his threats, believe they behold them already carried out on the liberty of their families. and all sold at auction as slaves to repay the king's rations. Are we at Fez, or at Morocco ?
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What has not this singular man done in the actions of his private life ? What a humiliation has not France received during his stay here. not only in the viola- tion of the right of nations, but also in the contempt of the ecclesiastieal laws ? Besides, doubtless in his contempt for French Catholics, he has refrained from frequenting our churches, and has had mass said in his house for eighteen months, and by his chaplain conferred the sacrament of marriage on two persons, the woman a negress and a slave, and the man white, and this without permis- sion of the parish priest, without any publication of banns, without any forins or solemnities required by the church, to the great scandal ofthe public, in contempt of the council of Trent, and against the positive tenor of our ordinances, civil and canonical.
What is there then culpable in the course which Ulloa's conduct and vexations compelled us to take ? What evil have we done in throwing off a foreign yoke
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ties ; that there must have been some great irregularity in his conduct to induce the steps to which the inhabitants proceeded,
rendered still more crushing by the hand that imposed it ? What harm have we indeed donc, in demanding our laws, our country, our king, and vowing a per- severing love to hit? Are these praises unexampled in our history ! More than one city in France, provinces even, Quercy, Rouergyne, Gascony, Cahors, Montauban, did they not again and again throw off the English yoke or obsti- nately refuse his chains ? In vain did the treaties, cessions, even repeated orders of our kings, sometimes try to effect, what English arns could not compass ; and this noble resistance to the will of their native sovereigns, instead of enkindling their anger, excited their love, obtained their aid, and effected an entire deliver- ance.
And besides, of what use could the colony of Louisiana be to Spain ? Inferior in its productions to the rich countries which she possesses, our country can only serve as a bulwark to Mexico. Now, will this bulwark be impenetrable to the forces of England, already mistress of the east bank of the Mississippi, with a right to the navigation and owning above, posts accessible not only from the mouth of the river, but also by their immediate proximity to other countries in the north where their sway is established !
The preservation of this colony by France, is a better guarantee to the Spanish possessions on that side than a cession made to that crown ; the unfavorable im- pressions already conceived against it by the Indian tribes, which drew on the Spanish Captain Rice, commandant of the Illinois, not only insults, but fierce threats, would range them among the enemy in case of attack. On the contrary, these tribes always march with the French soldier, without asking against what foe ; this is the true bulwark.
As Spain can derive no advantage from the acquisition of this immense pro- vince, and as evidently the restrictions of commerce will reduce us to a bare living, why should the two sovereigns agree to make us unhappy, merely for the pleasure of doing so ! It is a crime to think so-such sentiments do not enter the hearts of kings. The protection of our new prince, promised by ours in his letter of April 21st, 1764, shows their mutual wish for our happiness ; and the respected silence, which we have hitherto preserved on our real interests, has doubtless prevented their attaining the true means to render us happy.
As to the utility of this colony to l'rance, the slightest reflection shows it. The loss of Canada having closed that market to French manufactures, the pre- servation of Louisiana can in a short time redeem this loss so injurious to home industry. The efforts of the French already settled here and of those who come in daily, can easily render available that Missouri trade already so well planned, and which needs only the encouragement and help which the French rule can give. Even the Canada Indians come daily to Illinois for French goods, prefer- ring them to those which the English carry to their villages. Let them cease fettering our activity, and England will cease selling France what furs she needs. In their cargoes, our manufactures will find a ready sale and constitute their gain, and in the return of furs, to which may be added our indige, sugar, cotton,
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as the French governors had always experienced their fidelity and submission.
they will also have the supply of the raw material on which their industry is engaged. If, then, the utility of manufactures in the kingdom is acknowledged -and they have always obtained the special protection of our kings-is it not in the political order to extend this protection to the preservation of resources, which it would employ all the forces of the state to acquire, if not possessed of them ?
To these considerations add the suspended payment (since 1759) of seven millions in royal paper, which formed the currency of our exchange and the sinews of our conunerce. Add the mutual engagement of French merchants to us, and us to them, whose fate depends on the disposal to be made by the king of this province ; add, too, our obligation to endeavor to restore our ruined for- tunes, unaided by the funds heretofore shared by all, in proportion to economy, emulation, patrimony of each, and all must see that our new efforts deserve the encouragement of our king.
Jealous observers of all the respect due to crowned heads, and the mutual regard which civilized nations owe each other, we should despair. did our con- duct seem to fail in either. There is nothing offensive to the court of Madrid in the exposal of our wants and the assurance of our love, which we bear to the feet of our august sovereign. We venture to hope that these marks of our zeal will also serve to prove to the nations, the truth of the surname well-beloved, which the whole world gives him, and which no monarch has hitherto enjoyed. Perhaps even at Madrid they will say : " Happy the prince, our ally, who finds an obstacle to his treaty of cession, in the inviolable attachment of his subjects to his rule and glorious person."
We know full well that the Spanish envoy before his departure obtained, and by his emissaries is still collecting, certificates from some individuals among us, mercenary clients whom he has won by brilliant promises, and who seek prose- lytes here by persuading the simple and alarming the weak. But whatever these unauthentic documents may contain, they cannot belie the general voice and public notoriety. The Genevese, English and Dutch merchants who wit- nessed the revolution, will relate the truth in their several countries ; in a still more certain way will they attest the fact that our flag was raised without any insult to the Spanish frigate; that Ulloa embarked in all possible liberty and with- out any unbecoming act on our part ; that then and since we have redoubled our attention and respect to the other officers of his Catholic majesty ; that dur- ing the three days of the revolution (a singular and remarkable fact by the avowal of the Spaniards themselves), no cry of insult to their nation was heard amid the more than twelve hundred militia, and the women, children or whole people. The only cries heard, in which even foreigners joined, were " Vive le Roi de France," " Vive Louis le bien-aimé."
To his beneficent majesty then do we, the planters, merchants and colonists of Louisiana, address our humble petition, that he will immediately resume his colony, and as resolved to live and die under his beloved rule, as determined to
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Let O'Reilly then cease to palliate his cruelty and barbarity, by cloaking himself by his orders from court." They could
do all that the prosperity of his arms, the extension of his power, and the glory of his reign require, we beseech him to deign to preserve to us, our patriotic name, our privileges and our laws.
* Great doubts have, until recently, hung over the precise nature of the king's instructions to O'Reilly. Even Marbois. an able writer, and a statesman of acknowledged abilities, has followed the beaten track of previous writers in cen- suring the conduct and acts of O'Reilly. Gayarre is the only historian who has taken the trouble to examine this subject with any degree of care : and yet, he does not seem to have been able to procure a copy of the instructions to O'Reilly. It is more than probable they were suppressed. In the absence of them, however, he refers us to a letter, written by the Marquis of Grimaldi to the Count of Fuentes, then Spanish Ambassador at the Court of Versailles, which is the only document that appears to embody the substance of these instructions' except those published in the appendix to this work. * *
" The instructions given to O'Reilly," says Grimaldi, "is, that he is to take at Havanna the battalions of infantry, the ammunition and other materials which he might deem necessary, to transport himself to Louisiana, and after having taken possession of her in the name of his majesty, to have the heads of the re- bellion tried and punished according to law, and then remove out of the colony all the individuals and families, whose presence might endanger its tranquillity. He is also ordered to provide for the military and police organization of the pro- vince ; to establish the necessary rules for a correct administration of justice and of the finances ; to secure the dependence and the subordination of the inhabit- ants, and to frame a new form of government-the whole, according to the ver- bal instructions which had, or might be given him. But as the king, whose character is well known, is always inclined to be mild and clement. he has order- ed O'Reilly to be informed that his will is, that a lenient course be pursued in the colony, and that expulsion from it be the only punishment inflicted on those who have deserved a more severe one. * + € * *
" You will give an account of the whole of this letter to the Duke of Choiseul. You will beg that minister to invite his most Christian majesty to declare, that the said inhabitants of the colony being the subjects of the king, his cousin, must throw themselves upon his mercy, and live under his laws ; the act of cession of the colony, being absolute, and without any obligation whatever on the part of the king."
" It would seem," says Gayarre, " from this document, that O'Reilly should have contented himself with having expelled from the colony those who had de- served a severer punishment-for instance, the pain of death. But were the in- structions shown to the court and those really given to O'Reilly, of the same nature ? That is the question. If O'Reilly received the instructions which are mentioned in the dispatch of Grimaldi, would he have dared to disobey them ; and
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not be sanguinary, and even had knavery circumvented the court, it was his business to draw down the Spanish king's anger on the man who had perilled the dignity of his station by not giving it due authenticity.
Let us banish from a work dictated by truth, the political maxim promulgated in a philosophical and enlightened age, a savage maxim, which less civilized nations have most sedulous- ly rejected, but which Spaniards adopt with inexcus- able blindness.
" Happen what will," says a certain writer, "the chief must "never be wrong, and it is dangerous to think so." I shudder · to think that a sensible man could even entertain such an cx- traordinary idea, which is even now repudiated by despotism itself. Ah! what would become of wretched man, if he should have to submit for ever to the caprices and cruelties of a barba- rous tyrant, who has not the good sense to see the injustice of his acts. A government founded on injustice is weak in its foundation, and may be easily overturned ;- respect is a feeble tie against the effects of cruelty. A people live tranquil and contented, when they know they have laws to protect them and obey without a murmur, if they do not have to dread the · insolence of a superior. They also bear insults calmly, if as- sured the law will sooner or later avenge them. We then say boldly, nothing can screen an unjust . governor ; from the anger of the king, who has been appointed to con-
would he, when such strong appeals were made to him to save the lives of Lafre- nière and his companions, have had the unblushing effrontery, on refusing that boon, to plead the orders of the king, and thus falsely throw upon his sovereign the odium of a measure which was contrary to the expressed will of the bing ?"
There can then be no doubt that O'Reilly obeyed to the letter, the instructions of the king, for we have, in evidence before us, the report of the Council and Chamber of the Indies approving, in the most pompous and sonorous Castilian phraseology, the aets and conduct of O'Reilly in Louisiana.
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mand his subjects. Nothing then should have preserved Ulloa from the exemplary punishment, which the irregularity of his conduct deserved, and all should have induced the Louisianians to believe that the Spanish king would regard with other eyes the motives of their conduct ; all induced them to believe that the French king would give them protection at the Spanish court; that he would insist on the rights of sub- jects, whose fidelity to him had exposed them to the wrath of a whole nation that believed itself insulted.
The world has beheld with surprise the silence of the French ministry as to O'Reilly's conduct, its neglect to exact repara- tion for his inhumanity, its silence as to the violation of the law of nations in pronouncing sentence on French subjects. Still more is Europe surprised to learn that the remnants of those wretched families, stripped of everything, languish* in silence aud misery.
Is there then no beneficence, no humanity on earth? Assured of the contrary, let us say that till now the truth was unknown, the French ministry were deceived. May the faitli- ful narrative which I now present to faithful souls, excite in them those feelings which honor humanity.
Generous and compassionate hearts! Let us mingle our tears with those of the wretched widows and orphans, whom those virtuous men commended to us, as they died for their king. Let us join our regrets to the sighs of those desolated families,
" The property of the prisoners were, in conformity with the laws of Spain, sequestrated from the time of their arrest. "I have," says O'Reilly, " given strict orders for the liquidation of said property in accordance with the laws, in order that what belongs to the widows and other creditors may be given to them, and the remainder delivered up to the king's treasury." Villere, Mazan and Lafrenière, had three of the finest plantations in all the province. They were sold at auction for so inconsiderable a sum, that after paying costs and distribut- ing among the widows and creditors the portions to which they were entitled, the Royal treasury had but little to receive.
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and shudder over the evils to which virtue is exposed. Aid me to erect an altar to virtue ; be the pillars of that I have just erected ; pour into cold and inanimate hearts the fire which in- flames you, and my feeble and powerful voice ; and let the cry of persecuted innocence rouse the numbed arm of justice.
O, Heavenly Power! send forth the light of truth into the hearts of those raised up to protect it. Unveil iniquity to their eyes, unmask imposture. Let it tremble on the very steps of the throne, where it seeks to escape thy avenging hand, and let me in transports at the sight of thy justice exclaim : " There is then on earth an asylum for virtue, a support for that innocence, and no place where iniquity and crime can find . a shelter."
APPENDIX
OF
HISTORICAL DOCUMENTS AND ELUCIDATIONS.
I.
Preliminary Convention between the Kings of France and Spain, for the cession of Louisiana to the latter.
THE most Christian king being firmly resolved to strengthen and perpetuate the bonds of tender amity which unite him to his cousin, the Catholic king, proposes in consequence to act with his Catholic majesty at all times and in all circumstances, in a perfect uniformity of principles, for the common glory of their house and the reciprocal interests of their kingdoms.
With this view, his most Christian majesty, being fully sensible of the sacrifices made by the Catholic king, in generously uniting with him for the restoration of peace, desires, on this occasion, to give him a proof of the strong interest which he takes in satisfying him and affording advantages to his crown.
The most Christian king has accordingly authorized his minister, the Duke de Choiseul, to deliver to the Marquis de Grimaldi, the ambassador of the Catholic king, in the most authentic forin, an act, whereby his most Christian majesty cedes in entire possession, purely and simply, without exception, to his Catholic majesty and his succes- sors, in perpetuity, all the country known under the name of Louisi- ana, as well as New-Orleans and the island in which that place stands.
But as the Marquis de Grimaldi is not informed with sufficient precision of the intentions of his Catholic majesty, he has thought proper only to accept the said cession conditionally, and sub spe rati, [under expectation that it will be ratified.] until he receives the orders expected by him from the king, his master, which, if conformable with the desires of his most Christian majesty, as he hopes they will be, will be followed by the authentic act of cession of the said coun-
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try ; stipulating also the measures and the time, to be fixed by common accord, for the evacuation of Louisiana and New-Orleans, by the subjects of his most Christian majesty, and for the possession of the same by those of his Catholic majesty.
In testimony whereof, we, the respective ministers, have signed the present preliminary convention, and have affixed to it the seals of our arms.
Done at Fontainebleau, on the third of November, one thousand seven hundred and sixty-two.
(A true copy from the original.)
THE DUKE DE CHOISEUL. THE MARQUIS DE GRIMALDI.
THE DUKE DE CHOISEUL.
.
.
II.
Definite act of cession of Louisiana by the King of France to the King of Spuin.
Louis, by the grace of God, king of France and Navarre, to all to whom these presents shall come, greeting : Whereas our very dear and well-beloved cousin, the Duke de Choiseul, peer of our realm, knight of our orders and of the golden fleece, lieutenant-general of our armies, governor of Touraine, colonel-general of the Swiss and Grisons, grandmaster and superintendant-general of the posts and relays of France, our minister and secretary of state for the depart- ments of war and marine and the correspondence with the courts of Madrid and Lisbon, did sign, in our name, with the Marquis de Gri- maldi, knight of our orders, gentlemen of the chamber, in exercise of our very dear and well-beloved brother and cousin, the Catholic king, and his ambassador extraordinary near us, a preliminary con- vention, whereby, in order to give to our said brother and cousin a new testimonial of our tender friendship, of the strong interest which we take in satisfying him and promoting the welfare of his crown, and of our sincere desire to strengthen and render indissoluble the bonds which unite the French and Spanish nations, we ceded to him entire and perpetual possession of all the country known under the name of Louisiana, together with New-Orleans and the island in which that city stands, which convention had only been signed con-
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ditionally and sub sperati by the Marquis de Grimaldi : and whereas our said brother and cousin, the Catholic king, animated by the same sentiments towards us which we have evinced on this occasion, has agreed to the said cession, and ratified the conditional acceptation made by his said ambassador extraordinary, which convention and ratification are here inserted word for word, as follows :
Don Carlos, by the grace of God King of Castile, of Leon, of Arra- gon, of the Two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Gallicia, of Majorca, of Seville, of Sardinia, of Algesiras, of Gibraltar, of the Canary Islands, of the East and West Indies and the islands and main land of the ocean, archduke of Austria, duke of Burgundy, of Brabant and Milan, count of Haps- burg, of Flanders, of Tyrol, and of Barcelona, lord of Biscay and of Molina, &c.
Whereas, on the third day of the present month, the preliminaries of a peace were signed between the crowns of Spain and France on the one part, and those of England and Portugal on the other, and the most Christian king, my very dear and well-beloved cousin, purely from the nobleness of his heart, and the love and friendship in which we live, thought proper to dispose that the Marquis de Grimaldi, my ambassador extraordinary near his royal person, and the Duke de Choisenl, his minister of state, should on the same day sign a convention by which the crown of France ceded immediately to that of Spain the country known by the name of Louisiana, toge- ther with New-Orleans and the island in which that city stands, and by which, said ambassador agrees to the cession only conditionally sub sprruti, as he is not furnished with orders to execute it absolute- ly; the tenor of which convention is the following :
The most Christian king being firmly resolved to strengthen and perpetuate the bonds of tender amity which unite him to his cousin, the Catholic king, proposes in consequence to act with his Catholic majesty at all times and in all circumstances, in a perfect uniformity of principle, for the common glory of their house and the reciprocal interests of their kingdoms.
With this view, his most Christian majesty being fully sensible of the sacrifices made by the Catholic king in generously uniting with him for the restoration of peace, desires, on this occasion, to give him a proof of the strong interest which he takes in satisfying him and affording advantages to his crown.
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