History of Louisiana, from its first discovery and settlement to the present time, Part 10

Author: Bunner, E
Publication date: 1842
Publisher: New York, Harper and brothers
Number of Pages: 534


USA > Louisiana > History of Louisiana, from its first discovery and settlement to the present time > Part 10


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Any one concealing a slave and making him labour, was liable to pay two dollars for every day such slave was kept from his master.


No slave was allowed to be set at liberty un- der thirty years of age; nor then, unless he had behaved well, and had neither been guilty of marooning, theft, nor any other crime during the four years preceding his emancipation. These requirements were, however, to be dispensed with if he had saved the life of his master or mistress, or any of their children. · A slave be- longing to a minor could not be freed under a penalty of 100 dollars, for which the judge sanctioning the sale was liable, as well as the seller.


In all cases of illness, infirmity, old age, or lu- nacy, masters were bound to support their slaves.


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The declaration of the master giving freedom to his slave was required to be made before the judge of the parish.


Marriage was declared to be a civil contract to endure for life, but capable of being dissolved by due course of law.


No marriage was to be considered valid un- less both parties had freely consented to it ; and free people were not allowed to marry slaves.


The parents of children marrying without their consent might sue both the judge who gave the license and the priest who solemnized the mar- riage for damages, and disinherit their children so offending.


No person authorized to marry was allowed to perform the ceremony until the parties pro- duced a license from the judge of the parish, under the penalty of. a fine of 5000 dollars, and imprisonment for two years, at the discretion of the court.


Priests of any religious denomination, or a justice of the peace, were authorized to solem- nize marriages where licenses in due form were produced.


Quakers and Menonites were permitted to cel- ebrate marriages among themselves, according to the rites of their respective religions.


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Husbands and wives, it was declared, owed mutual help and fidelity to each other. It was the duty of the wife to follow her husband, who was bound, in proportion to his means, to sup- ply her reasonable wants. Wives holding prop- erty separate from their husbands could not alienate or mortgage it without the consent of the latter, though such consent might be super- seded by an authorization from the judge.


Husbands and wives were declared bound by their marriage contract to maintain and educate their children ; while it was no less incumbent upon children to maintain their father and mother, and their grandparents, should they stand in need of it; and sons-in-law and daughters-in- law were under obligation in the same way to support their fathers and mothers in law.


Any lawyer who should instigate a person to commence a suit, or enter into any agreement by which he was to receive a part of the property in dispute; was declared incompetent to practise in any court of the territory. A lawyer suffering a cause to be lost through his absence or neg- ligence was liable to pay the costs of suit, as well as the damages sustained by his client; and where any lawyer was guilty of retaining money received for his client, his name was directed to


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be erased from the list of attorneys authorized to practise.


Lawyers' fees were fixed at sixteen dollars for a suit begun and carried through in the superior courts, and at five dollars in the parish courts.


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CHAPTER XVI.


Spain .- Conspiracy of Burr .- General Wilkinson .- Refugees from Cuba .- Taking of Baton Rouge .- Louisiana made a State .- Constitution .- Steamboats


180.6 .- THE boundaries of Louisiana having been left by the treaty of cession vaguely defined, this circumstance almost necessarily led to diffi- culties between the United States and Spain. The inhabitants of Mexico, jealous of the occu- pation of the Mississippi by the Americans, were inclined to dispute their territorial claims by force, and even advanced as far as Natchitoches, when General Wilkinson was sent with a body of troops to repel them. Ile was encamped near the Sa- bine, and on the point of engaging the Spaniards under Cordero and Herrera, when he received in- formation of a movement making against New-


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CHARACTER AND PLANS OF BURR.


Orleans. He immediately concluded a treaty, therefore, with the Spanish commanders, fixing the Sabine River as the boundary between the two nations, and hastily repaired to that city.


He found the place in the greatest consterna- tion. It was stated that Burr was on the point of attacking it; that he had drawn seven or eight thousand of the inhabitants of the Valley of the Ohio into the enterprise-all desperate characters, who had nothing to lose, and every- thing to gain by such an attempt; and that their intention was to seize the city, possess themselves of the banks, and effect a separation between the Western and Atlantic States; or, in case of fail- ure, to fall back upon Mexico, where Burr had already a powerful party, and proclaim its inde- pendence. It was added that an English fleet, now in the West Indian seas, was to co-operate in the attack.


Such, probably, were the real objects of Burr; but he was too shrewd a diplomatist to expose himself to any legal proof. He had, no doubt, been secretly organizing his plans ever since his political disappointments in New-York. In 1S01 be had been a competitor with Jefferson for the presidency. The electoral votes being equal, the choice devolved upon the House of Representa-


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tives; and after thirty ballotings, Jefferson was elected. Burr concealed his vexation, and, ap- parently with good grace, accepted the vice- presidency. In 1804 he was a candidate for the office of governor in the State of New-York, when Hamilton, considering him a political intriguer, opposed his election, which he lost. He shortly after sought a quarrel with Hamilton : a duel took place, and the latter was killed. But the removal of his great political antagonist proved of no advantage to him. On the contrary, so strong was the excitement produced by this melancholy event, that he felt himself obliged to withdraw from public notice.


He was not idle, however. To great ambi- tion and indefatigable perseverance in his designs, he united an insinuating address that gained him many partisans. He had retired to an island in the Ohio, occupied by a Mr. Blennerhasset, and there commenced preparations, ostensibly for ma- ' king a settlement on the Washita, in the patent of the Baron de Bastrop. He was purchasing and building boats, and engaging men to accom- pany hiin down the Ohio; but there were sus- picious appearances attending his preparations, of which the government were informed, and he was narrowly watched. On his arrival at New-


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WILKINSON AT NEW-ORLEANS.


Orleans, Wilkinson demanded that an armed force should be raised, which the authorities re- fused to do. He then applied to the Supreme Court to order the arrest of Bollman, the agent of Burr, and to issue a proclamation against Burr himself. This they also declined doing, but al- lowed him to proceed according to military law. He thereupon immediately imprisoned Bollman, Swartwout, Ogden, and Alexander, supposed to be accomplices of Burr, and refused to deliver them up on a writ granted by Judge Workman. Irritated at this refusal, Workman induced Ed- ward Livingston to unite with him in a request to Claiborne to arrest Wilkinson himself, which, however, he did not think fit to do.


At this moment, General Adair arriving from Tennessee, where he had left Burr, was arrested by an aiddecamp of General Wilkinson, at the head of a detachment of one hundred men; and Workman was also arrested at the same time. The District Court of the United States obtained his release, but he immediately gave in his res- ignation.


1807 .- Meanwhile Burr was on his way to New-Orleans; but he was stopped at Natchez, and cited to appear before the Supreme Court of the Mississippi Territory. He had carried on his


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designs, however, so secretly, that there was no evidence sufficient to convict him, and he was discharged. Still, hearing that different persons had been arrested at New-Orleans and elsewhere on suspicion of being concerned with. him, and that a reward had been offered in that city for his apprehension, he fled from Natchez, and was finally taken on the Tombeckbee, and sent a prisoner to Richmond. Here he was tried before Chief-justice Marshall upon two indictments, one charging him with treason against the United States, the other with meditating an attack upon the possessions of Spain, a nation with which the United States were at peace. For want of evidence, however, he was acquitted of both charges, though he was universally believed to be guilty ; but his career as a politician was at an end. He embarked for Europe, and, return- ing to New-York several years after, spent the remainder of his life in obscurity.


Wilkinson, notwithstanding his activity in ar- resting the agents of Burr, did not escape the suspicion of being himself concerned in the con- spiracy, and of receiving pay from Spain. He was brought to trial, and several witnesses *. appeared against him, among whom was Mr. Clark, the delegate to Congress from the Ter-


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SECOND TRIAL OF WILKINSON.


ritory of Orleans ; but nothing was proved against him.


1809. - The misunderstanding that had 'so long existed between England and the United States was becoming more serious, and every- thing seemed now to indicate an approaching war. British troops in considerable numbers had been sent over; and the President appre- hending, in case of a rupture, that their first efforts would be directed against. New-Orleans, resolved to form a camp in that vicinity.


Wilkinson, to whom the movement was in- trusted, occupied a position with seven hundred men at the Green Oaks, at the head of the road of Terre-aux-Bœufs, on the bank of the river, eleven miles below New-Orleans; but the heat of the weather and change of food, combined, probably, with the unhealthiness of the situation, produced diseases which soon carried off nearly half their number. Wilkinson's enemies blamed him for this disaster; and accusations of being an accomplice of Burr, and in secret correspond- ence with Spain, were revived : he was brought before a court-martial, tried, and again acquitted.


The population of Louisiana was this year in- creased by the arrival of 5797 French colonists, who had settled in Cuba on being driven from


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St. Domingo, but were now obliged to leave it in consequence of the war between France and Spain. Twice banished in less than eight years, these unfortunate exiles came to find another home in Louisiana. The unfeeling Spaniards had allowed them only twenty-four hours to pre- pare for quitting the island. Destitute of every comfort, they were crowded into a few small schooners, and the defenceless fleet on their- way fell in with a British frigate. But their enemies were too generous to take advantage of their miserable condition, and suffered them to pass unmolested. The reception they met with in Louisiana showed that their kindness to the citi- zens of New-Orleans more than twenty years before had not been forgotten. They brought with them their slaves, the only resource now left them. Claiborne, under these circumstances, ventured to disregard the law forbidding their in- troduction, and Congress approved his conduct.


1810 .- Notwithstanding the treaty of St. Il- defonso, Spain yet retained possession of some parts of Louisiana. The town and district of Baton Rouge, and the country of Mobile, had not yet been given up. The inhabitants of the former territory, almost all Americans, becoming impa- tient at the slow progress of diplomacy, and be-


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OCCUPATION OF BATON ROUGE.


lieving that Spain, occupied with her European enemies, would make but little opposition, sudden- ly attacked the fort at Baton Rouge, and got pos- session of it without any effusion of blood. Soon after they assembled a convention at St. Fran- cisville, proclaimed their independence, drew up a constitution, and chose government officers.


On receiving intelligence of this movement, Madison commissioned Claiborne to take posses- sion of the territory in the name of the United States. This he lost no time in doing, and hoist- ed the national flag at St. Francisville and Baton Rouge, to the great joy of the inhabitants. This district now forms the Floridian parishes of Loui- siana.


Shortly afterward, the negroes on a plantation near the parish of St. Jean Baptiste having in- stigated the blacks on the neighbouring planta- tions to revolt, they all rose at the same time, and, mustering five hundred men, marched to the attack of New-Orleans with drums beating and colours flying. They were encountered by a man of the name of Trepaguier, who kept them at bay for some time, when he was joined by a few other planters, and this handful of men rout- ed and put them to flight before the militia could come to their assistance. Two or three houses


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were set on fire by them before they were sub- dued. Sixteen of the ringleaders were detected and hung, and their heads displayed on high poles at regular distances along the river.


To supply the want of specie experienced at this time, the Legislature established two banks. That of Orleans, with a capital of 500,000 dol- lars, and the Planters' Bank, with one of 600,000. dollars : their charters were to continue for fif- teen years. That of the first was renewed- in 1823, to expire in 1S47; the last-named bank failed, and is extinct.


Public houses were now placed under the su- pervision of the police ; games of chance were prohibited ; and any one keeping a gambling- house was liable to a fine not exceeding 1000 dollars, or in default of payment was to be im- prisoned for a term not longer than six months.


1811 .- An act of Congress, bearing date the 11th of February of this year, raised the Territory of Orleans to the rank of a State, and restored to it the name of Louisiana. It was now em- powered to form a constitution on the model of that of the United States. The right of habeas corpus was guarantied to the citizens, and that of being judged by a jury of their peers. The French language was to be no longer used in


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CONSTITUTION OF LOUISIANA.


public acts, and the United States were to have exclusive possession of all unoccupied lands, which were to be exempted from taxes and all other claims. In a short time a State Constitu- tion was agreed upon by forty-one delegates of the people assembled in convention.


The government was divided by the new Con- stitution into three departments : the executive, legislative, and judiciary.


The executive power was confided to an offi- cer with the title of governor, who must have at- tained his thirty-fifth year, and was to be elected for four years, but was not to be eligible for two terms in succession. He was to be nomina- ted by the people, and elected by the Legislative Assembly ; to be commander-in-chief of the mi- litia, army, and navy of the State, but not during war, except he should be at such time specially authorized by the Legislative Assembly to assume the command. He was to appoint, with the ad- vice and consent of the Senate, to all state offices. He might call an extra session of the General Assembly, and was to have a veto on the acts of this body, which were required to be approved by him before they could become laws. He was bound to support the laws of the State and of the United States, and to attend to the organiza-


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tion and discipline of the militia. Power was given him to remit fines and confiscations, and to grant reprieves, and even pardons to persons con- victed of crimes, with the consent of the Senate. In case of misconduct he might be arraigned be- fore the Senate by an act of impeachment, and removed from his office by a vote of two thirds of the members present.


The legislative power was divided into two branches : the Senate, and the House of Repre- sentatives ; and these two bodies constituted the General Assembly.


The senators were to be elected for four years, one from each senatorial district; and every two years a new election was to be made of half the members. No person could be eligible to the office of senator unless he was twenty-seven years of age, and possessed of property to the value of a thousand dollars in the district where he was nominated. He must also have resided in such district for one year, and four years in the State previous to his nomination.


The representatives were to be elected for two years, and their whole number could not exceed fifty. The representation was to be equally dis- tributed according to the number of electors. A representative could not be under the age of


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GENERAL ASSEMBLY.


twenty-one years, and was required to be pos- sessed of real estate worth 500 dollars. To be eligible to this station, he must have resided in the State two years previous to his election, and one year in the parish from which he should be sent. Half the representatives were to be chan- ged every year.


The members of the General Assembly were to receive a salary of four dollars per diem : their persons were declared to be inviolable during- the sitting of the Legislature, and they were not answerable for the opinions or speeches delivered by them in debate. But they were declared to be ineligible to any lucrative office in the State while members of the Assembly, and for one year after, excepting such offices as were filled direct- ly by the vote of the people.


No priest, or minister of any religious society or sect, could be elected to a seat in the General Assembly, or to any lucrative or responsible pub- lic office in the State ; nor any collector of State taxes, unless he had first settled all his accounts.


To become a law, a bill was required to be read three times in each house of the General Assembly, each reading to be on a different day, unless four fifths of either house should dispense with the regulation. After passing through these


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forms it was to be submitted to the governor for his approval ; and should he put his veto upon it, it might still be reconsidered by the two houses separately, and, if adopted by a majority of two thirds of each house, was to have the force of a law.without the executive sanction.


The judiciary power was to consist of a Su- preme Court and inferior courts. The Supreme Court was to be composed either of three or five judges. It was to be a court of appeal in all civil cases where the property in dispute was worth more than 300 dollars. Its sessions were to be held at New-Orleans for the Western, and Opelousas for the Eastern District. The judges were to have a salary of 5000 dollars, and could not be removed except for misconduct, on the petition of three fourthis of the members of both Houses of the Legislature. The same rule was applied to judges of the inferior courts, who were required to watch over the maintenance of good order in the State.


1812 .- Congress sanctioned the Constitution adopted by the convention, and annexed to Loui- siana the territory to the north of the River Iber- ville as far as Pearl River, in the thirty-first de- gree of latitude. This territory had not been in- cluded in the limits described by the convention,


FIRST STEAMBOAT AT NEW-ORLEANS. 209


and had, consequently, sent no delegates. By the decision of the convention, the Upper House was to consist of fourteen senators, or one for each sen- atorial district ; but the annexation of this addi- tional territory gave three new members, who, notwithstanding that decision, took their seats in the Senate.


Just after the adoption of the Constitution, the first steamboat seen on the Mississippi made her appearance at New-Crleans, as if to do honour to the new State. She had come from Pittsburg in seven days. The sight was then so extraordi- nary as to excite a great sensation; but now, in 1840, more than six hundred steamboats are continually. passing on the waters of that river and its tributaries.


Louisiana has derived more important advan- tages from the use of steam than any other state in the Union, and should be doubly grateful to Fulton for his invention, or, rather, for his suc- cessful application of steam to the purposes of navigation : an experiment which had, indeed, been before tried, but which he was the first to bring to perfection. In this undertaking he was assisted by Robert Livingston, while residing in France as our minister to that country ; and his first essay was made on the Seine, at Paris, in


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1803, with a small copper-bottomed boat. His next attempt was made on the Hudson, in 1807, and he and Livingston obtained an exclusive right to navigate the waters of the State of New- York by steam-vessels for eighteen years. But Fulton failed to enrich himself by this great dis- covery ; and his country has not yet remunerated his family for the immense benefits he conferred upon her.


From the nature of the soil in Louisiana, be- ing for the most part alluvial, and unfit for good roads, and the numerous water-courses intersect- ing the entire state, and particularly the lower part of it, the use of steamboats is particularly important. Before their introduction a vessel was frequently from forty to eighty, and some- times even a hundred, days in getting up to New- Orleans from the mouth of the river ; whereas, at present, they are towed up by steamers in eigh- teen hours. As to the passage from New-Orleans to Pittsburg, nobody pretended to fix any given time for its accomplishment ; but now it is made with certainty in ten or twelve days. In passing . up the Mississippi in a steamboat, a very peculiar and striking scene is presented to the eye of the traveller, though its character is gloomy and mo- notonous as far as the mouth of the Ohio; no-


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thing is visible beyond the alluvial strip that bor- ders the river except a line of dense forest, but little encroached upon by settlements, with here and there a small clearing, and on it a cabin of rough boards, surrounded by skeletons of trees, whose girdled trunks attest the hasty and waste- ful mode employed in preparing the land for cul- ture. The only object that gives animation to this dreary scene is the steamboat. When one of them approaches a station where wood is taken in, all the scanty population is immediately in motion. Whites and blacks, men, women, and children, rush down to the water's edge, some to receive, and others to part with friends; some waiting for goods, some anxious for news, and all intent on gratifying their curiosity.


From the Ohio to the Wisconsin the shores of the river are more varied, and board cabins give place to the log huts of the Northern settlers. On the left are to be seen the broad prairies of Missouri, on the right the fertile lands of Illinois. There are several points in the country through which the early French discoverers passed, still reminding the traveller of its former possessors. Two little villages still bear the names of Joliet and Hennepin ; the old Fort of Peoria has become the centre of a new city ; and the villages of Kas-


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kaskia, Cahokia, and Prairie du Rocher contain a population of six or seven hundred, almost en- tirely French.


Still more numerous are the relics of the same people on the opposite bank of the river, in the State of Missouri. There the names of St. Gen- evieve, Cape Girardeau, St. Charles, La Rivière Gasconnade, and St. Louis, are so many memen- toes to perpetuate the memory of the first settlers. St. Louis, now a large and rapidly-growing city, is, like New-Orleans, divided into the French and American quarters. The old, or French quarter, extends along the flat, the streets being narrow, and the place wearing an appearance of antiquity rarely seen in American towns. The American quarter looks down upon the other from a hill that commands the neighbouring coun- try. These two French towns, more than a thousand miles distant from each other, strikingly call to mind the time when the Father of Waters in his whole course was claimed by France.


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WAR WITH ENGLAND.


CHAPTER XVII.


War with England .- Battle of New-Orleans.


1812 .- THE first Legislative Assembly was held in June, nine days after the United States had declared war against England. The insult- ing conduct of that power towards our flag, and the right claimed by her to search our vessels, were the principal causes that led to this contest for the liberty of the seas.


Claiborne and General Villeré, son of the vic- tim of O'Reilly, were the two canidates nomina- ted by the people for the office of governor ; and the choice of the Legislature fell upon Clai- borne, whose mild and impartial government heretofore had conciliated even those who did not vote for him.




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