USA > Louisiana > Historical memoirs of Louisiana, from the first settlement of the colony to the departure of Governor O'Reilly in 1770; > Part 21
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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
The most Christian king has accordingly authorized his minister,
238
APPENDIX.
the Duke de Choiseul, to deliver up to the Marquis de Grimaldi, the ambassador of the Catholic king, in the most authentic form, an act whereby his most Christian majesty cedes in entire possession, purely and simply, without' exception, to his Catholic majesty and his suc. cessors, in perpetuity, all the country known under the name of Louisiana, 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, 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 country, stipulating also the measures and the time, to be fixed by conimon accord, for the evacuation of Louisi- ana 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.
THE DUKE DE CHOISEUL, THE MARQUIS DE GRIMALDI.
Therefore, in order to establish between the Spanish and French nations the same spirit of union and friendship which should subsist as they do in the hearts of their sovereigns, I, therefore, take pleasure in accepting, as I do accept, in proper form, the said act of cession, promising also to accept those which may hereafter be judged neces- sary for carrying it into entire and formal execution, and authorizing the said Marquis de Grimaldi to treat, conclude, and sign them.
In testimony whereof, I have ordered these presents to be drawn up, signed by my hand, sealed with my privy seal, and countersigned by my counsellor of state and chief secretary of state and war. Given at San Lorenzo el Real on the thirteenth of November, seventeen hundred and sixty-two.
I, THE KING.
(Countersigned) RICARDO WALL.
239
APPENDIX.
The said acceptation and ratification having been approved by us, and regarded as a strong evidence of the friendship and good-will of our very dear and well-beloved cousin, the Catholic king, we renew and confirm by these presents, the cession of Louisiana and of New- Orleans, with the island in which that city stands, promising immedi- ately to conclude with our said brother and cousin a convention, in which the measures to be taken in concert for executing and consum- mating this session to our mutual satisfaction will be fixed by com- mon accord. In faith whereof, we have caused these presents to be drawn up, which we have signed with our hands, and have affixed to them our secret seal.
Given at Versailles, on the twenty-third day of the month of November, in the year of grace one thousand seven hundred and sixty-two, and of our reign the forty-eighth.
(By the King) CHOISEUL, DUKE DE PRASLIN.
LOUIS. 1
III.
The seventh article of the definite treaty of peace and unity between the King of France, Spain, and England, signed at Paris on the 10th of February, 1763 ; which is word for word, the same with the sixth article of the preliminary convention beticeen the same powers, signed at Fontainebleau on the 3d of November, 1762.
ARTICLE 7 or 6. In order to re-establish peace on solid and durable foundations, and to remove forever all motives for dispute respecting the limits of the French and British territories on the American con- tinent, it has been agreed that the limits between the states of his most Christian majesty and those of his Britannic majesty in that part of the world, shall hereafter be irrevocably fixed by a line drawn along the middle of the river Mississippi, from its source to the river Iberville ; and thence, by another line through the middle of that river, and of the lakes Maurepas and Pontchartrain, to the sea; and for this purpose, the most Christian king cedes to his Britannic majesty, and guaranties to him, the entire possession of the river and port of Mobile, and of all that he possesses or should have pos- sessed on the left bank of the river Mississippi, with the exception
240
APPENDIX.
of New Orleans, and of the island whereon that city stands, which are to remain subject to France ; it being understood that the naviga- tion of the Mississippi River is to be equally free to the subjects of Great Britain and of France, in its whole breadth and extent, from its source to the sea, and particularly that part between the said island of.New Orleans and the right bank of the river, as well as the en- trance and departure by its mouth. It is moreover stipulated, that vessels belonging to the subjects of either nation are not to be detained, searched, nor obliged to pay any duty whatsoever. The stipulations contained in the fourth article, in favor of the inhabitants of Canada, are to be of equal effect with regard to the inhabitants of the countries ceded by this article.
IV.
Note from the French Minister to the Spanish Ambassador.
VERSAILLES, April 21, 1764.
TO THE CONDE DE FUENTES :- Sir,-The king has caused the neces- sary orders to be issued for the surrender of the country of Louisiana, with New-Orleans and the island on which the said city stands, into the hands of the commissioner whom his Catholic majesty may ap- point to receive them. I have sent the same papers to the Marquis D'Ossun, who will have the honor to present them to his Catholic majesty. Your excelleney will see that the king's orders are entirely conformable with the acts signed in 1962, and that his majesty has caused some articles to be inserted, equally conducive to the tran- ยท quillity of the country after it is in possession of his Catholic majesty, and to the happiness of its inhabitants.
I have the honor to be, with great esteem, your excellency's most humble and obedient servant,
THE DUKE DE CHOISEUL.
V.
Commission of Don Louis de Unzaga y Amezaga.
DON CARLOS, BY THE GRACE OF GOD, AT .- Whereas, Don Alexan- dro O'Reilly, lientenant-general of my royal armies, and inspector- general of all my infantry, under my commission in the province of
241
APPENDIX.
Louisiana, by a letter of December 10th, 1769, has represented to me, that in consequence of the order which I had deigued to send him, appointing you, Colonel Don Louis Unzaga y Amezaga, political and military governor of the city and province of Louisiana; he had put you in possession of your command, and had given you proper in- structions for the performance of its duties, communicating the neces- sary orders to the treasury of the said city to make advances to you out of the sum of six thousand dollars assigned to that office; and that, until such assignment should receive my royal approval, you would remain responsible for all that you should receive of the same ; and as there was yet no example in that city of the sum for which each governor was required to be accountable, as security for his proper administration, he had considered your salary as fixed at three thousand dollars, (taking into consideration the dependencies of that province,) and the amount of your security at the same ; and in order that you might not be reduced to seck for an inhabitant of the city to become your security, you might leave a fifth part of your salary, each year, in the treasury, so that at the expiration of the five years of your governorship, the whole amount would be in my royal treasury ; adding, that he also thought it proper you should be free from the duty of media anata as the office was but newly established ; all which dispositions I approved by my royal order of March 24th, 1770. Moreover, having consulted my council and chamber of the Indies, on the 27th day of February of this year, I resolved to order this, my royal patent, to be issued in your favor, declaring you hereby ex- .empt from the duty of media anata, as the office has been but lately established, and that the five years of your governorship are to com- mence on the day in which you took possession of the same, your security being arranged as determined by my said commissioner. It is, therefore, my will, that you, the said Don Louis de Unzaga y Amezaga, should be military and political governor of the city of New Orleans, and province of Louisiana ; and I command the council, justices, and magistracy of that city, with the other judges and justices of the same, and of the province, that, after you shall have taken before that assembly the oath and obligation according to the statutes and cus- toms of Spain, in the form established by the said Don Alexandro O'Reilly, to keep the said city and province in my royal name, and never to deliver nor to surrender it while you live, to any enemy or any person, unless coming with an order to that effect, signed by my
16
242
APPENDIX.
royal hand ; you should be left in exercise of the said office, for the said space of five years from and after the day on which you enter into possession of it, or as long as it may be my royal pleasure ; the forts, soldiers, ammunition, and artillery of the said province and city, being delivered up by those who may have them in charge, to be used and commanded by you in all cases and things pertaining thereunto; you conducting the said military and political government, as your predecessor Don Antonia de Ulloa, captain in my royal navy, should have conducted it, and as the other political and military governors of my kingdoms in the Indies should ; remaining subordinate to my governor and captain-general of the island of Cuba, and city of Havana, in political and military matters, and in all other cases and things pertaining to the said office, conformably to the terms of one of the royal cedulas, which you will receive, bearing date on this day ; you will, therefore, in all cases and affairs which may present themselves, regulate your conduet by the orders which the said governors and captain general may give you ; observing in all politi- cal and judicial concerns, the laws and proceedings of the courts, causing them to be fulfilled in all points, unless you may have orders to the contrary from me ; and you are not to interfere in the affairs of my royal hacienda, or the management of my royal treasury, in the said province and city ; because, as governor, you have no farther powers in such matters, than that of interposing through the royal officers, in cases of introduction of illicit goods and confiscations, and in visiting vessels arriving there, either yourself in person, or by your agents; it being likewise your duty to devote yourself with especial zeal, purity and disinterestedness, to the defence and security of the province, and to the maintenance of the most perfect discipline among those in garrison, to the prevention of illicit trade, and to the faithful observance of my royal orders.
I moreover command the said council, justices and magistracy of the city of New-Orleans, and all others, ministers, sojourners and inhabitants thereof, and of the province of Louisiana, as soon as re- quired by this my royal patent, to have, receive, and hold you as such military and political governor of the said province and city, for the whole period during which, as above expressed, it is my will ' that you should exercise this office ; preserving and securing to you, and to such depaties that you may appoint, according to the form established in another royal cedula, bearing date also this day, all
243
APPENDIX.
honors, favors, rights, privileges and immunities without exception, corresponding with the respective stations ; all such deputies and others in the said province, commandants, officers and soldiers, con- sidering you as such military and political governor, and obeying the orders which you may give them in my royal service, either verbally or in writing ; and I command the royal officers of the said province to pay you, if they have not already done so, the six thousand dol- lars mentioned above, as your salary, for every year of your service, out of any funds which are or may be in my royal hacienda, on authentic presentation of this patent, with your receipt, which sums will be passed to your account for your satisfaction ; it being under- stood, however, that a fifth part of your said salary is to be annually retained as security for your administration. I declare, that for this favor, you are to pay no duty of media anata, inasmuch as the office you hold is one of recent creation. And note shall be taken of this patent, in the offices of the accountants-general of distribution of my royal hacienda, and council of the Indies, within two months after the date thereof, in default of which the same shall be void : note shall also be taken by the said royal officers, of the city of New- Orleans.
Given at San Ildefonso, this 17th of August, 1772.
(Signed) I, THE KING.
VI.
Commission of Don Bernardo de Galvez.
DON CARLOS, BY THE GRACE OF GOD, &c .--- Whereas, in considera- tion of your merits, and of the especial services performed by you, Don Bernardo de Galvez, colonel of the stationary regiment of infantry of Louisiana, while acting as governor, ad interim, of that province, and in condescension to the desires of its inhabitants, I have thought proper, by my royal decrees of the 22d of April last, to declare you governor (en propriedad) of the same.
Therefore, it is my will, that you, the said Don Bernardo de Galvez should be political military governor of the city of New- Orleans, and province of Louisiana ; and I command the council, justices and magistracy of that city, with the other judges and min- isters thereof, and of the province, that, after you shall have taken before that assembly the outh and obligation, conformably with the
244
APPENDIX.
statutes and customs of Spain, and according to the form established by Lieutenant. General Don Alexandro O' Reilly, to keep the said city and province in my royal name, and not to deliver or surrender them, while you live, to any enemy, nor to any person whatsoever, unless he bring you an authority to that effect, signed by my royal hand, they shall leave you in the entire exercise of the office, which you held ad interim, for the space of five years, more or less, according to my pleasure. The forts, soldiery, ammunition and artillery in the said province, being delivered up to you by those who may have been charged therewith, to be commanded and employed by you, in all cases and things pertaining to them; you exercising the said political and military government in the same manner in which your predecessor, Don Louis de Unzaga y Amezaga did and should have exercised it, and as the other political and military governors of my kingdoms in the Indies, do and should exercise it ; being subordi- nate to my governor, captain-general of the island of Cuba, and city of Havana, in military and political afairs, and in all cases and circum- stances pertaining to the said office, according to the terms of the royal cedula of August 22d, 1772. You will, therefore, conform in all busi- ness and cases which occur, to the orders received from the said governor and captain.general ; observing in affairs of politics and justice, the laws, and whatever else may emanate from the courts, causing them to be fulfilled in all particulars, unless where I shall have commanded to the contrary. And whereas, by virtue of the regulation issued by the said Don Alexandro O'Reilly, and since confirmed by my royal cedula of July 21st, 1776, you have a right to (oscompeten) the facul- ties of intendant of the said province, you are to manage the affairs of my royal hacienda there, in conformity with the said regulation, and as your aforesaid predecessor managed them ; it being likewise your duty to devote yourself with the utmost zeal, purity and disin- terestedness, to the defence and security of that province, and to the preservation of the most exact discipline, among the troops garrison- ing it, as also to the extinction of unlawful commerce, and the punctual observance of my royal orders. I also command the said council, justices and magistracy of the said city of New-Orleans, and all other ministers, sojourners and inhabitants thereof, and of the pro- vince of Louisiana, that as soon as required by this my royal patent, they receive you as political and military governor of the said pro- vince and city, for the whole period above expressed, during which it
245
APPENDIX.
is my pleasure that you should exercise that office, giving and securing to you, as well as to the deputies (tenientes) whom you have appoint- ed, or may appoint, all the honors, favors, rights, privileges and im- munities without exception, which correspond to the respective stations, the said deputies, and others of the said province, com- mandants, officers, and soldiers, considering you as such military and political governor, and obeying all orders which you may give them, for my royal service, verbally, or in writing. And the accountant and treasurer of the said province is to give and to pay to you the sum of six thousand dollars, being the annual salary assigned to that office, from the day in which it is proved that you have entered into it, to the expiration of the said term of five years, more or less, according to my pleasure, out of any funds which are, or may enter into my royal hacienda, on due presentation of this patent, and of your receipt, without any other formality ; which sum shall be put down to your account, for your satifaction ; it being understood, however, that as security for your administration, according to the form established by the said Don Alexandro O'Reilly, a fifth part of your said salary is to be retained in the royal treasury, in each of the said five years, the sum assigned as duty of media anata, for the said salary, being also secured thereon, by the commissary and accountant of said duty, according to the terms of the royal cedula, of the 24th of May, 1778, together with the IS per cent. additional, for convey. ing the whole to these kingdoms, as set forth in the regulations of the tariff, and various others on the subject. And note shall be taken of this patent, in the offices of the accountants-general of dis. tribution of my royal hacienda, and of my council of the Indies, with- in two months from the date thereof, otherwise it shall become void : note shall also be taken of the same, by the afore-mentioned account- ant and treasurer of New-Orleans.
Given at Aranjuez, on the Sth of May, 1779.
VII.
Dispatch of the Marquis de Grimaldi to Don Louis Unzaga.
SAINT ILDEFONSO, August 24, 1770.
LIEUTENANT-GENERAL Don Alexandro O'Reilly, in his letter No. 33, from this city, dated March 1, sent me copies of the instructions
-
E
1
246
APPENDIX.
which he had drawn up, for the lieutenant-governor established in the Illinois and at Natchitoches, and the new special ( particulares) lieutenants of the districts ( partidos) of that province. He informed mc, that he had himself been to Point Coupee, and, at the request of . the inhabitants, had appointed a surveyor for each partido, at half the former salary. He also enclosed to me an instruction explaining the forms to be observed in this business, and declaring that the granting of land in that province had been confided by his Christian majesty to the governor and comisario ordenator ; and he considered it would be better in future that the governor alone should be author- ized by his majesty to make those grants; and that orders would be given for conforming entirely with the said instructions, which had been drawn up and printed, in the distribution of the royal lands.
The king having examined these dispositions and propositions of the lieutenant-general, approves them, and also that it should be you - and your successors in that government only, who are to have the right to distribute (repartir) the royal lands, conforming in all points, as long as his majesty does not' otherwise dispose, to the said instruc- tions, the date of which is February ISth, of the present year.
I communicate this to you, in order that you may understand and carry it into effect. God preserve you many years.
Given at Saint Ildefonso, August 24, 1770.
(Signed) MARQUIS DE GRIMALDI.
1
VIII.
Royal Order to Don Pedro Gurcia, Mayoral.
THE PARDO, January 28, 1771.
By decree of May 2d, 1765, I communicated to my council that I had appointed Captain Don Antonio de Ulloa, of my royal navy, to proceed to the province of Louisiana, which had been ceded by my cousin, the most Christian king, and take possession thereof, as gover- nor, by virtue of warrants and instructions ; making, however, for the time, no innovation in its system of government, which is to be entirely independent of the laws and practices observed in my Ameri- can dominions ; but considering it is a distinct colony, having even no commerce with the said dominions, and under the control of its own administration, council and other tribunals ; its direction and
.
247
APPENDIX.
the correspondenee with it being reserved to the minister of state, as far as regards the situation of the country, and the laws and customs with which its inhabitants are to remain conforming. But those in- habitants having rebelled, on the 25th, 1768, I commissioned Don Alexandro O' Reilly, lieutenant-general of the army, and inspector- general of all my infantry, to proceed thither, take formal possession, chastise the ringleaders, and (informing me of all) establish the said government, uniting the province to the rest of my dominions ; all of which he did, adapting its laws, and after proposing to me that which he judged proper for the commerce of the country, and for the extinction of the council by which it is governed, establishing a cabildo in the place of said council, and taking other measures, as will be scen from the statements hereunto annexed ;- all of which were approved by me, as likewise the appointment of Colonel Don Louis de Unzaga y Ame- zaga, as political and military governor, with a salary of six thousand dollars, free from the duty of media anata, and of two royal officers, to take charge of the administration of my hacienda, to wit : Don Antonio Jose de Aguier, as comptroller, (contador,) with a salary of 1600 dollars per annum ; and Don Martin Navarro, as treasurer with 1,200 dollars per annum ; and of three officers at salaries of 500, 400, and 360 dollars respectively. I have resolved, that all which has been established as above, should remain and continue fixed ; the said province being, as to its spiritual concerns, annexed to the bishopric of Havana, and governed according to the laws of the Indies, and the regulations provided iu them, and by special orders for my American dominions, by the ministry of the Indies and the council, as being incorporated with those of my kingdom; and also that it depend upon the captain-generalcy and administration of the royal hacienda of Havana, just as the government of Cuba does ; for which purpose I approved the formation of a tribunal composed of the captain general as president, and the auditors of war and marine ; the attorney (fiscal) of the royal hacienda acting as attorney, and the clerk (escribano) of the government as clerk ; to which tribunal these, my vassals, can appeal, and from it to the council, without being obliged to apply to the more distant audiencia of Santo Domingo. This shall be understood in the council, and in the chamber for its observance; and the cedulas shall be issued, and measures provided for carrying into effect what has been determined ; I being consulted on all doubts, and on all amendments which may offer.
Given at the Pardo, on the 28th day of January, 1771.
.
248
APPENDIX.
IX.
[Report to the King, on Don A. O' Reilly's Statements.
1
COUNCIL AND CHAMBER OF THE INDIES, February 27th, 1772.
YOUR majesty communicated that you had appointed Don Antonio de Ulloa governor of Louisiana, which had been ceded by the most Christian king; and that in the instructions given to him, he was commanded to govern that province independently of the practice observed in America, and under the direction of the council of state; but that the inhabitants, ungrateful for this distinction, had risen up in rebellion-for which reason your majesty had commissioned Lieu- tenant- General Don Alexander O' Reilly to procced thither, take for- mal possession, chastise the ringleuders, and establish such a form of government as would be most compatible with the condition of the country, its climate, and the character of its inhabitants.
Your majesty was pleased then to notify the council of the energy, promptness, and activity, with which Don Alexander O'Reilly had executed these difficult charges ; and that the measures he had taken were all so just, and so well adapted to the right intentions of your majesty, that they had merited your entire approbation ; and that for their being carried into effect, you had commanded the proper cedulas to be issued, yourself being consulted on all doubts and amendments which might present themselves.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.