History of Louisiana, from its first discovery and settlement to the present time, Part 9

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 9


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determined to renounce Louisiana. I shall give up not only New-Orleans, but the whole colony, without reservation. · That I do not undervalue Louisiana I have sufficiently proved, as the ob- ject of my first treaty with Spain was to recover it. But, though I regret parting with it, I am convinced it would be a folly to persist in trying to keep it. I commission you, therefore, to ne- gotiate this affair with the envoys of the United States. . Do not wait the arrival of Mr. Monroe, but go this very day and confer with Mr. Living- ston. Remember, however, that I need ample funds for carrying on the war, and I do not wish to commence it by levying new taxes. For the last century France and Spain have incurred great expenses in the improvement of Louisiana, for which her trade has never indemnified them. Large sums have been advanced to different com- panies, which have never returned to the treasu- ry. It is fair that I should require repayment for these. Were I to regulate my demands by the importance of this territory to the United States, they would be unbounded ; but, being obliged to part with it, I shall be moderate in my terms. Still, remember, I must have fifty millions of francs, and I will not consent to take less. I


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- would rather make some desperate effort to pre- serve this fine country."


The negotiations commenced that very day. Mr. Monroe arrived at Paris on the 12th of April, and the two representatives of the United States, after holding a private conference, announced that they were ready to treat for the cession of the entire territory, which at first Mr. Living- ston had hesitated to do, believing the proposal of the First Consul to be only a device to gain time.


On the 30th of April, 1803, the treaty was signed. The United States were to pay fifteen million dollars for their new acquisition, and be indemnified for some illegal captures; while it was agreed that the vessels and merchandise of France and Spain should be admitted into all the ports of Louisiana free of duty for twelve years.


Bonaparte stipulated in favour of Louisiana that it should as soon as possible be incorporated into the Union, and that its inhabitants should enjoy the same rights, privileges, and immunities . as other citizens of the United States; and the third article of the treaty, securing to them these benefits, was drawn up by the First Consul him- self, who presented it to the plenipotentiaries with these words :


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" Make it known to the people of Louisiana that we regret to part with them ; that we have stipulated for all the advantages they could de- sire ; and that France, in giving them up, has en- sured to them the greatest of all. They could never have prospered under any European gov- ernment as they will when they become independ- ent. But, while they enjoy the privileges of "liberty, let them ever remember that they are French, and preserve for their mother-country that affection which a common origin inspires."


The completion of this important transaction gave equal satisfaction to both parties. "I con- sider," said Livingston, " that from this day the United States takes rank with the first powers of Europe, and now she has entirely escaped from the power of England ;" and Bonaparte express- ed a similar sentiment in these words : "By this cession of territory I have secured the power of the United States, and given to England a maritime rival, who at some future time will humble her pride." These words appeared pro- phetic when the troops of Britain, a few years after, met so signal an overthrow on the plains of Louisiana.


The boundaries of the colony had never been clearly defined, and one of Bonaparte's minis-


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ters drew his attention to this obscurity. "No matter," said he; " if there were no uncertainty, it would, perhaps, be good policy to leave some ;" and, in fact, the Americans, interpreting to their own advantage this uncertainty, some few years after seized upon the extensive territory of Ba- ton Rouge, which was in dispute between them and the Spaniards.


On the 30th of November, 1803, Laussat took possession of the country, when Casa Calvo and Salcedo, the Spanish commissioners, presented to bim the keys of the city, over which the tri- coloured flag floated but for the short space of twenty days. The colony had been under the rule of Spain for a little more than thirty-four years.


On the 20th of December in the same year, General Wilkinson and Claiborne, who were jointly commissioned to take possession of the country for the United States, made their entry into New-Orleans at the head of the American troops. Laussat gave up his command, and the star-spangled banner supplanted the tri-coloured flag of France.


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DIVISION OF LOUISIANA.


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CHAPTER XV.


Territorial Government of Louisiania .- Laws.


1804 .- THE Louisianians were the party least satisfied by this second transfer. Being almost all French, they rejoiced at being reunited to the country of their ancestors. No wonder, then, that their disappointment should have caused them to view their new brethren in an unfavour- able light. The rapid improvement, however, which took place after the union, served to rec- oncile them to the change, and made them con- sider Jefferson as their greatest benefactor. But, though united in their interests, the French and Americans continue, even to the present day, much estranged from each other in their social intercourse. .


By an act of Congress, Louisiana was divided into two unequal parts, the one being called the Territory of Orleans, and extending from the Gulf of Mexico to the thirty-third degree of north latitude, and the other, much more exten- sive, being annexed to the Territory of Missouri.


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The name of Louisiana was thus taken from the country at large, soon to be restored to its most important section.


A territorial government was organized, con- sisting of a governor (Claiborne being appointed to that office for three years), of a legislative council composed of thirteen freeholders, and of a superior court with three judges, one alone being competent to give a decision. The Presi- dent appointed to the legislative council six members of French descent and seven Americans; but as some of them declined, and the governor filled their places with Americans, the number of French was reduced to five; a small propor- tion for a population of which scarcely a sixth part could speak English. The introduction of slaves was prohibited, excepting those belonging to Americans who might come to settle there. These measures increased the dissatisfaction of the inhabitants, who were before but little incli- ned to be contented with the new government. They consulted together, called meetings, and chose commissioners to lay their grievances be- fore Congress. They complained of the appoint- ment of a governor who was a stranger to their laws,. customs, and language, and from whom they could, consequently, expect but little im-


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COMPLAINTS OF THE LOUISIANIANS. 179


partiality ; of the introduction of the English language into their courts of law, and, by the in- terference of Claiborne, even into the legislative council; of the jurisdiction, without appeal, of the governor, who did not even consult the council before giving sentence ; of too much power being granted to a single judge in the Supreme Court ; of the inhabitants not being allowed to import negroes ; and, more than all, of the partition of Louisiana, so that it would be long before they could expect to be admitted into the Union.


1804 .- They demanded three things of Con- gress : In the first place, the nomination of a governor from two candidates of their own choice; secondly, a change in the jurisdiction exercised by the judges of the Supreme Court ; and, thirdly, that a free importation of negroes should be allowed to the inhabitants. Congress, however, did not think proper to accede to their requests, and only consented to make some slight modifications in the form of the territorial gov- ernment.


The scarcity of specie, which could no longer be imported from Mexico, greatly embarrassed the business of the country. Claiborne there- fore did all that was in his power to encourage the establishment of the Bank of Louisiana,


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which he believed to be the only remedy for ex- isting evils. In this he succeeded; but at its commencement the institution was paralyzed by the mistrust entertained in regard to it, the in- habitants having been already twice deceived by . a paper system, once under the French, and once under the Spanish government. The Spanish au- thorities had issued a great number of treasury bills, liberanzas, that they seemed in no haste to redeem. The Louisianians also looked with an evil eye on the organization of companies of volunteers, recommended and upheld by the gov- ernor. Everything, in short, belonging to the United States seemed to meet with their disap- probation.


The Legislative Council divided the territory into twelve counties, each provided with an in- ferior court, at which a single judge should pre- side. New-Orleans was made a city; and a University, a library, and several insurance com- panies were established. The first Bank of the United States located one of its branches here.


1805 .- The new government, after being re- modelled by Congress in consequence of the re- monstrances of the Louisianians, was thus com- posed : of a governor, who was to hold his office for three years, and a secretary of state for four,


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PENAL LAWS.


both to be appointed by the President, subject to the approval of the Senate; of a legislative coun- cil that were to retain their places for the term of five years, to consist of five members, to be chosen by the President from the candidates pre- sented by the House of Representatives of the ter- ritory ; and of a House of Representatives, whose members, twenty-five in number, were to be elected for two years by the people.


Different penal laws had already been enacted by the Legislative Council. Thus murder was made punishable with death, and rape, unnatural crime, and burning of houses or public buildings, by imprisonment for life. The pillory, flogging, and hard labour for a limited time were the pun- ishments decreed for robbery, either with or with- out housebreaking ; and all accomplices in these crimes were to be subject to the same punish- ment as the principals, while accessories after the fact were punishable by fine and flogging. For stealing a slave, a horse, or a mule, the cul- prit was to be punished by flogging, and hard labour for a limited period. Those guilty of petty larceny, and also their accomplices, were to be sentenced to flogging, and required to re- store the property stolen, or double its amount ; and, in default of this, to be imprisoned for two


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years at least, at hard labour. Stealing bank- bills, lottery-tickets, or similar effects, was made subject to the same penalty ; and who- ever should conceal a person guilty of these crimes, rendered himself liable to fine and im- prisonment. The receiver of stolen goods was punishable by fine and imprisonment, and re- quired to make restitution of the same, or pay double their value ; and in default of either, to be condemned to one year of hard labour. Any person setting fire to a building not used as a dwelling, or which did not join to a dwelling- house, was to pay all damages incurred, and be sentenced to hard labour for a limited time. Coiners and their accomplices were liable to the same penalty ; but any one guilty of forgery was to be condemned to hard labour for life.


Persons committing perjury, and all who should be accessory to it, were punishable by bard labour for a term of years, and by being placed for two hours in the pillory once in each year during their detention; besides which, they were declared incapable of giving testimony un- til this disqualification was removed by a court of justice. Any one abstracting or falsifying a legal instrument, with a design to interrupt the course of justice, or signing a bond in the name


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PENAL LAWS.


of another and without his knowledge, was liable to a fine of 3000 dollars, and to be condemned to hard labour for a limited period. Persons con- victed of altering or falsifying any public docu- ment, either the original or a registered copy, might be sentenced to pay a fine of 2000 dol- lars, and to confinement at hard labour for two years; and, farther, were to be declared incapa- ble of discharging any public function. Swin- dling was to be punished by flogging and hard labour; bigamy by a fine not exceeding 500 dollars, and imprisonment for a term not exceed- ing two years ; and manslaughter by hard labour for one year, and a fine of 500 dollars.


Whoever in a quarrel should deprive another of nose, tongue, eye, or ear, might be made to pay a fine of 1000 dollars, and be sentenced to seven years of hard labour, and their accomplices or instigators were liable to the same punishment. Any one firing at another with the intent of killing, robbing, or maiming, was liable to hard labour for a term of years, and obliged to give bail for his good behaviour for one year after. Duellists, their accomplices, seconds, or instiga- tors, were punishable by a fine not exceeding 500 dollars, and imprisonment for not more than two years. Any person, by procuring the escape of


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a criminal under sentence of death, incurred the penalty of four years' hard labour. Whoever should strike or wound an officer in the exercise of his functions, was subject to be imprisoned for six months, and to pay a fine not exceeding 200 dollars. Any one breaking out of prison, de- manding a reward for informing of theft, agree- ing to compound for a capital crime, or mali- ciously accusing an innocent person, was punish- able by fine and imprisonment at the discretion of the court ; and any person bribing a judge or · public officer, and any judge or public officer receiving a bribe, or who should be guilty of oppression or extortion in the exercise of their functions, were liable to be punished in the same manner ; as were also persons exciting riots, breaking down a· levee, defaming another, ma- king use of abusive language, or committing an act of assault and battery which did not result in maiming.


The accused might claim the right to be judged by his peers, to be defended by counsel, to bring any proof necessary to establish his innocence, and to be allowed to challenge twelve jurymen. No one could be tried for any offence (capital crimes excepted) unless an indictment against him had been previously found by the grand jury.


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BANK AND INSURANCE CHARTERS.


No crime whatever was to be punished by con- fiscation of property.


The council granted two perpetual charters : one to the Insurance Company of New-Orleans, with a capital of 200,000 dollars, and the other to the Company of Navigation, which in 1835 proposed to dig a canal through Canal-street, one of the finest streets in the city : its capital is 200,000 dollars. This company has improved the navigation of the Bayou St. Jean and the Canal of Carondelet, on which it collects a toll, and which was originally made by the Spanish governor whose name it bears.


1806 .- The session of the first territorial Le- gislature was prolonged to more than five months. It appointed a court for each parish, the presi- ding judge to be, ex-officio, judge of the Court of Probate, notary, auctioneer, justice of peace, sheriff, and recorder.


The Black Code, as it is called, the law against vagabonds, and those relative to apprentices and the sale of spirituous liquors, were enacted at this session.


It was forbidden to sell intoxicating liquors to slaves without the consent of their masters, or to soldiers of the United States army without per- mission of their officers, under the penalty of a


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HISTORY OF LOUISIANA.


fine and loss' of license ; or to the savages, un- der the penalty of a fine of 200 dollars, half to go to the State and half to the informer.


The apprentice law provided that no one should engage himself as a servant or apprentice without the consent of his parents or guardians, or, in default of these, of the mayor or the judge of the place where he resided, unless he had at- tained the age of twenty-one. No minor might engage himself beyond his minority, nor any one for more than seven years. It was declared that a master or mistress had no right to maltreat an apprentice, and that they were bound to give their apprentices a suitable elementary education.


The law relating to vagabonds defined those to be such who, being able to work, lived in idleness, without any settled habitation ; those, also, who frequented drinking or gaming houses, and refused to give an account of their means of living, or could not bring credible witnesses to testify to their character. Vagabonds were re- quired to give such bonds for their good beha- viour as the judge might think proper, and, fail- ing to do so, they were liable to one month's im- prisonment at hard labour. Any one found wan- dering about at night, sleeping in drinking-houses or other disreputable places, or in the open air,


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and who could not give an account of himself, or who carried about him arms or sharp instru- ments, such as might enable him to take life or break into houses, was to be treated as a suspi- cious character, and liable to be punished by hard labour for a limited time. Female vagabonds were to be punished in the same manner ; and any one harbouring a vagabond was liable to a fine not exceeding 500 dollars.


All beggars were to be considered vagabonds unless furnished with a permit from two justices of the peace to solicit alms in consequence of their infirmities.


The Black Code secured to slaves the free en- joyment of Sunday, except that their masters might oblige them to work on that day by giv- ing them four shillings. This regulation does not include house servants, postillions, attendants in hospitals, and those who carry vegetables to market.


It provided that each slave should have a bar- rel of corn per month, a pint of salt, a shirt and a pair of cotton pantaloons for the summer, a flannel shirt, a pair of woollen pantaloons, and a cap for winter, and a piece of ground to culti- vate. The infirm, aged, and blind were required to be clothed, fed, and taken care of at the ex-


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pense of their master, under a penalty of twen- ty-five dollars for every neglect so to do.


The master could not rid himself of the board of his slave by allowing him a day to work for himself.


'Slaves were to be allowed half an hour for their breakfast, and two hours for their dinner.


Children under the age of ten years were not allowed to be sold without their mother.


A master was not permitted to hire his slaves to themselves, under the penalty of a fine of twenty-five dollars.


Slaves could not possess anything, sell any- thing, carry arms, or hunt, without the permission of their master ; nor were they suffered to be par- ties or witnesses either in civil or criminal cases.


Masters were declared bound to pay for any- thing stolen by their slaves, unless they were ma- roons, and proved to be such.


A slave found on horseback without the per- mission of his master, might be stopped, punish- ed with twenty-five lashes, and sent back to his master, who was required to pay a shilling a mile for bringing him home.


Any absconding slave not claimed by his mas- ter within two years from the first advertisement of him, might be sold by the sheriff of the parish,


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BLACK CODE.


and the money was to be paid into the treasury of the State.


No one could give a permit to a slave who did not belong to him, under the penalty of a fine of fifty dollars.


No person might strike a slave engaged in his master's service, under the penalty of a fine of ten dollars.


Nevertheless, any person finding a slave at a distance from his master's plantation might stop him, and punish, or even kill him, in case he re- sisted or struck him.


Any one wounding a slave was bound to pay the master two dollars for each day's labour lost by the disabled slave. If he was maimed for life, the aggressor was obliged to pay the master his full value, and to maintain him for the rest of his days.


It was allowed, however, to fire upon a ma- roon slave, and also upon one who should refuse to stop when summoned to do so.


If an individual should be wounded by a ma- roon slave while endeavouring to seize him, he was to be indemnified by the State ; and if he was killed, his heirs were entitled to such indemnity.


The owner of a maroon slave might seek for him, or cause him to be sought for by white


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people, even in the camps of other planters, and without their permission, except in houses and other places having locks.


A master who ill-treated his slaves, or refused them necessary food and clothing, might be pros- ecuted, on the information cf one or more per- · · sons, before a justice of the peace, and condemn- ed to pay a fine of twenty-five dollars for every such offence. The judge might at the same time issue such orders as he thought proper for the · relief of such slaves ; but the master so arraign- ed was allowed to exculpate himself by his oath, unless positive proof was brought against him.


Free people of colour who were wanting in respect towards white people, who assumed equal- ity with them, or who insulted or struck them, were to be punished by imprisonment, according to the offence.


It was required that a slave accused of crime should be tried within three days after his arrest, by a tribunal composed of three or five freehold- ers, neither the owner of such slave, nor any per- son related to him within the fourth degree, being allowed to be one of them. Either the judge of the parish or a justice of peace was to preside at such trial. The judge and two planters might pronounce sentence of death against a slave, or


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BLACK CODE.


even against a free man of colour, though he had a right to trial by jury in the ordinary courts of law.


Any Indian or man of colour, whether a slave or free, was punishable with death for setting fire to a dwelling-house or other building, or to a stack of grain; for poisoning or killing, and for violating a white woman.


Any Indian or free man of colour who should carry off a slave, was to be sentenced to two years hard labour, and to pay the value of such slave; and in default of the latter, the punish- ment was to be doubled.


A slave intentionally wounding his master or mistress, or their children, was punishable with death.


If a slave should strike, or induce another to strike, an overseer, whether the latter were free or a slave, he might be punished with twenty- five lashes ; and if blood were shed, the punish- ment might be doubled ; or if death should follow, he was to be hung ; and the same punishment was to be inflicted on a slave for rebellion or exciting an insurrection.


For any slave condemned to death, the master was to receive an indemnity of 500 dollars from the State. This sum was reduced to 300 dollars in 1813.


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HISTORY OF LOUISIANA.


If a master should contrive the escape of his slave, or that of any other person, when arraigned for crime, he was liable to a fine of 200 dollars ; or if the crime were capital, it might be increased to 1000 dollars.


A slave found guilty of striking a white per- son for the third time was punishable with death.


Any master who should, with malice prepense, kill either his own slave or the slave of another, was to be tried and punished according to the laws of the territory.


A master punishing his slaves with barbarity was liable to a fine of from 200 to 300 dollars.


Any master in whose possession a slave should be found mutilated or injured by ill-treatment, was declared to be responsible for the crime, un- less he could clear himself by the testimony of credible witnesses, or took an oath that he was not guilty before a competent court.


No one might leave his plantation in charge of a slave, under the penalty of 50 dollars.


A slave detecting a plot or insurrection, and giving information of it, was to be rewarded with freedom.


Various other laws were enacted during the continuance of the territorial government.


Slaves imported from a foreign country into


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BLACK CODE.


Louisiana were to be sold for the benefit of the State; and if any such slave had been guilty of a capital crime in the country from which he had been brought, he was to be sentenced to hard labour for life; persons importing a negro convict being liable to a fine of a thousand dollars.


Any person purchasing a slave, and afterward discovering that he had been convicted of crime in another country, might maintain an action for damages against the seller.




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