Louisiana; comprising sketches of counties, towns, events, institutions, and persons, Volume I, Part 26

Author: Fortier, Alcee, 1856-1914, ed. 1n
Publication date: 1909
Publisher: Atlanta, Southern Historical Association
Number of Pages: 1294


USA > Louisiana > Louisiana; comprising sketches of counties, towns, events, institutions, and persons, Volume I > Part 26


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).


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secured him new rights to public love and gratitude, and, the con- stitution of the state being opposed to his reelection, the general assembly chose him as one of our senators in Congress. He was on the eve of rendering to his country services no less essential than those which had hitherto marked his political career, when death deprived America of a most virtuous citizen, his family of a tender father and husband. and his numerous friends of a good and worthy man. Louisiana will long deplore the loss she has sustained, and she will never cease to cherish the remembrance of him who so well deserved her love and confidence."


(Editor's Note .- Several authorities agree in giving the date of Gov: Claiborne's birth as 1775. If this be correct he was but 22 years old when he was elected to Congress. Clause 2, Section 2, Article I, of the Federal constitution provides that "No person shall be a representative who shall not have attained to the age of twenty- five years." If Gov. Claiborne was elected a representative at the age of 22 years. he was probably the only man who ever served in the national legislature before reaching the age limit required by the constitution.)


Claiborne's Administration (Territorial) .- On Oct. 2, 1804, the oath of office was administered to Gov. Claiborne by James Pitot, mayor of New Orleans. The legislative council met on Dec. 4, and organized by electing Julien Poydras president. In his message the governor said: "When I revert to the important events that produced our present political connection, I look forward to the pleasing prospects of permanent aggrandizement. The satisfaction with which I contemplate the future destinies of this territory is equaled only by my admiration of the wisdom and virtue which have diffused such political blessings, and promise (under the favor of Heaven) their perpetuity. Let exertions be made to rear up our children in the paths of science and virtue, and to impress upon their tender hearts a love of civil and religious liberty. Every constitutional encouragement should be given to ministers of the Gospel. Religion exalts a nation, while sin is the reproach of any people. It prepares us for those vicissitudes which so often checker human life. It deprives even misfortune of her victory. It invites harmony and good will in this world, and affords a guarantee for happiness hercafter. Everything dear to a free people may be considered as insecure, unless they are prepared to resist aggression. Let me advise a prudent economy. Extrava- gance in a government leads inevitably to embarrassments. Liber- ality, but not profuseness, economy, but not parsimony, should be your guide."


At this first session of the council the principal acts passed were as follows: To incorporate a marine insurance company in New Orleans : dividing the territory into twelve counties and establish- ing in each a court of inferior jurisdiction : authorizing the prepara- tion of a civil and criminal code; providing for the inspection of various food products; granting a charter to the city of New Orleans; and creating an educational institution, to be known as


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the University of Orleans. A second session, which met on June 20, 1805, passed acts for the improvement of the inland navigation of the territory.


At the time the Territory of Orleans began its existence as a separate political organization there existed some prejudice against the Americans on the part of those whom Claiborne designated as the "ancient inhabitants." This class of citizens, who had "a great partiality for France as their mother country," and those whose "former habits had attached many of them to the Spanish system of government," began by viewing all the acts of the Americans with jealousy and suspicion, and resented the implied insinuation that they could not govern themselves. It was these "ancient inhabitants" who sent the petition to Congress mentioned in the article on "Orleans Territory." For the first few months of the administration severe strictures were published on Claiborne's official acts and his public character. On Jan. 19, 1805, he wrote to the president: "My accusers take great care to impress the public with an opinion that my government commenced here under the most favorable auspices-an assertion contradicted by every cir-


cumstance of the times. * * The people were split into parties, * divided in their affections, and the sport of foreign and domestic intriguers. The functions of government were nearly at a stand, and much was wanting to produce system in, and restore order to, the different departments. Great changes were expected under . the new order of things, and more was required, to conciliate and attach the general sentiment to the American government, than my resources permitted, or the energies of any man could accomplish. * *


* That I committed errors I readily admit, but I am not sensible of having been betrayed into any material measure that I can reflect on with self-accusation. * * To what lengths the opposition to me may be carried I know not, but I am inclined to think that nothing will be left unsaid which can wound my feelings, and that mv public and private character will be cruelly mis- represented."


As a result of the ill-feeling at the beginning of the administration several duels occurred. in one of which Micajah G. Lewis, the gov- ernor's brother-in-law and private secretary, was killed. Notwith- standing this state of affairs Claiborne kept on with his work, doing the best he could to promote the prosperity and safety of the terri- tory, and to bring peace between the warring factions. In the early part of 1805 there were indications of a rupture between Spain and the United States, and the governor took active steps for the organization of the militia. He commissioned Col. Hopkins to organize the militia throughout the territory. and instructed him, in the selection of officers, to make an equal distribution, where the circumstances would permit, among the ancient and modern Lou- isianians. On May 4 Claiborne prorogued the legislative council to June 20, and in the interval visited various parts of the territory, making appointments under the new judiciary system. His activity in this direction. the wisdom shown in making the appointments, and the instructions to Col. Hopkins, brought about some degree of


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harmony, so that on Nov. 20 he wrote to the secretary of state : "No man entertains a greater regard for the inhabitants of Louisiana than myself, or more appreciates their many private virtues, and I entertain strong hopes that, in a few years, they will become very zealous members of the American republic."


Other events this year that had a tendency to render the gov- ernor popular were his consent to the leveling of the old fortifica- tions about the city of New Orleans, as they were merely recepta- cles for the accumulation of stagnant water that endangered the health of the people, and his attitude toward the possession of some of the public buildings claimed by the city, but held by Col. Free- man, commander of the U. S. troops. Claiborne sided with the city. but Freeman refused to obey the governor's orders to vacate the buildings, and the matter was finally settled by the president.


The year 1806 dawned with brighter prospects. Washington's birthday (Feb. 22) was celebrated with appropriate ceremonies. Both ancient and modern Louisianians "vied with each other in the discharge of their duty on the parade;" the battalion of Orleans, "composed of Americans, and of Creoles of Louisiana," was re- viewed by Gov. Williams of Mississippi territory ; the people, espe- cially the members of the legislature, took advantage of the occa- sion to express their sentiments of patriotism and their allegiance to the United States ; and the day closed with a magnificent ball. When the legislature met in March the governor's message was well received by both branches and was appropriately answered by Destrehan, president of the council, and Watkins, speaker of the house. It seemed as though an era of good feeling had come to the territory, but it was not of long duration. On May 2 the gov- ernor vetoed a bill "to establish certain conditions necessary to be a member of either house of the legislature of the Territory of Orleans," on the grounds that any law which "shall impose other qualifications than those pointed out in the ordinance cannot be constitutional, unless its operation shall be prospective, and not permitted to affect the sitting members." About a week later he enclosed a copy of the bill and his message vetoing it to the presi- dent, and wrote: "The ancient Louisianians in the legislature are impatient of control, and will illy receive a check from the executive authority, but I must do my duty, and shall, on every occasion, act- the part which my judgment approves. By pursuing this course. I may present my enemies fresh materials to work upon, and render myself unpopular, but my conscience will be tranquil, and I shall sleep the better at night." On the 26th Claiborne sent in another veto, expressing his disapproval of a bill entitled "An act declaring the laws which continue to be in force in the Territory of Orleans. and the authors which may be recurred to as authorities within the same." Upon this the council adopted the following resolution :


"Whereas, The most essential and salutary measures adopted by this legislature have been successively rejected by the governor of the territory: and whereas, this legislature, the members of which had been induced to accept their appointments only by the


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hope of being useful to their fellow-citizens, must now be con- vineed that they can do nothing but cause them a considerable expense: Resolved, that the general assembly be immediately dissolved." The members of the council also prepared a long ex- planation of their motives, closing with this statement of opinion : "If by means of this veto his will and only his will, is to be our supreme law, let him reign alone and without disguise. The legis- lative council should not consent to serve as a rattle to amuse the people."


Destrehan, Sauvé and Bellechasse resigned their seats in the council, but the last named was persuaded by Claiborne to with- draw his resignation. The president of the council and the speaker of the house waited on the governor and informed him of their intention to adjourn. Claiborne freely consented to such a proceed- ing, and in his reply to the two officers, said: "It ought not to be a matter of surprise that a difference of opinion should sometimes have arisen among the several branches of the legislature: while men are left free to think and act for themselves, an unison in senti- ments cannot always be expected : nor ought it to be supposed that in a government like ours, composed of departments, and each inde- pendent of the other, the same political course should meet the sanction of all. If, therefore, on some occasions, the executive did not approve the proceedings of the two houses, all that can with truth be said is, that our object was the same, but we differed as to the means of promoting the general welfare. A territorial governor, if faithful to himself and his country, can alone be influ- enced by the purest motives of honest patriotism, and in exercising the powers with which he is intrusted his own judgment is his only guide."


This sincere and courageous reply of the governor somewhat mollified the wrath of the members of the house, who "departed apparently with harmony." The discordant situation between the governor and the legislature did not extend to the people, who cele- brated the Fourth of July, 1806, with patriotic spirit. Salutes were fired from Fort Charles at sunrise and noon ; the Orleans Rangers gave a banquet at Bayou St. John; the battalion was paraded on the square by Maj. Dubourg; high mass was said and a Te Deum sung at both the convent and the cathedral, although there was a dissension between their respective clergy: and the governor, "always unwilling to give offense to any party, politely held a candle at both ceremonies." In the evening a patriotic play was given at the theatre, and a ball at the city hall.


The year 1806, in addition to the events above mentioned, was chiefly noted for the expulsion of the Spanish officials, Morales and Casa Calvo. the Sabine Expedition and the Burr Conspiracy.


The second session of the first legislature began its labors on Jan. 12, 1807, with Julien Poyras as president of the council and John Watkins as speaker of the house. Apprehensive of dangers grow- ing out of the Burr movement. Claiborne sent a message to the legislature, recommending for their consideration the advisability


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of suspending the privilege of the writ of habeas corpus. He ex- plained his reasons for this course in a letter to the secretary of state as follows: "If I can acquire possession of Burr, Blenner- hassett or Tyler, I shall take means to convey them to the city of Washington, for it is there that these great offenders will probably meet the punishment they deserve. The trial of Burr at Natchez will determine in his acquittal, and I shall be disappointed if (as was the case in Kentucky) the jury do not eulogize his conduct." The legislature, however, refused to suspend the writ, or to put any restriction upon it, on the ground that it would be an infringement of the Federal constitution. The judges concurred in the opinion of the legislature, and Claiborne was particularly desirous about vindicating his conduct in asking for the suspension of the writ, claiming as a basis for his action that clause of the constitution which says: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."


On July 1, 1807, Lieut. Zebulon M. Pike, accompanied by Lieut. Wilkinson, a son of the general, arrived at Natchitoches from his exploring expedition to the west, having gone as far as the Rocky mountains, when his progress had been arrested by the Spaniards. This year witnessed the beginning of the famous Batture case (q. v.). Late in the year rumors of war became current in New Orleans, and a collision was expected between the United States and England. Claiborne wrote to Madison approving the course of the national administration and adding: "I consider the Louisi- anians very generally as being well affected to the government, but, in the event of an English war, they will with enthusiasm rally round our standard."


Early in 1808 the Federal government, considering the probability of a war with England, consulted Claiborne with regard to the erec- tion of fortifications to protect the entrance of the Mississippi. In his reply he recommended a work of some kind at the English Turn, saying: "The fort at Plaquemine may, with a leading breeze and under cover of night, be passed. But, under no circumstances, could a vessel evade a battery at the English Turn." The militia had fallen into a state of indifference, and the prospects of trouble with Great Britain led the governor to address a circular to all the officers in command of regiments urging them to revive the interest. During the summer the governor visited the county of Opelousas, and during his absence several riots occurred in New Orleans be- tween the American sailors on one side and some French, Spanish and Italian sailors on the other. Claiborne hurried back to the city, and on Aug. 31 he wrote to the secretary of state: "We have to lament the residence among us, and particularly in this city, of a number of abandoned individuals who render the greatest vigilance on the part of the police essential to the general safety .. Among those individuals are many persons who have deserted the service of Spain, or fled from the punishment which awaited their crimes."


Some trouble resulted in Nov., 1808, in the parish of Pointe


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Coupee, over the governor's appointment of a MIr. Petrony to the office of sheriff. The appointment was unsatisfactory to the "mod- ' ern Louisianians." and the feeling between the American and the Creole inhabitants became so great that the governor wrote a letter to Charles Morgan, one of the leading citizens of the parish, explain- ing his motives for making the appointment, viz .: "I have been desirous to select the most worthy and the most capable, keeping in view the expediency of dividing the offices as near as may be between the ancient and modern Louisianians, as one means of lessening the existing jealousy and distrust between these two descriptions of citizens.'


On Jan. 14, 1809, Claiborne sent his annual message to the legis- lature, which had just convened. In his message he expressed his regret that the act passed at the preceding session, to provide means of establishing public schools in the several parishes, was not likely to be productive of the desired results, Pointe Coupee being the only parish that had made any provision for the support of such schools. He recommended the revision of the criminal jurisprudence and the erection of a penitentiary. Concerning the embargo, which was then in force. he said: "There seems to be no alternative but war. or a continuance of the embargo. *


* * The embargo imposes privations, which a magnanimous people will cheerfully bear. It may be the means of avoiding still greater ills. But, however things may eventuate, whether in inevitable war, or honorable peace, the good citizens of this territory will unite hand and heart in the support of the government and in defense of their country." At this session of the general assembly Julien Poydras was elected a delegate to Congress to succeed Daniel Clark, who had held the office since March 4, 1805. The legislature also adopted a memorial to Congress, asking for admission into the Union, but Claiborne advised the secretary of state by letter that, in his judgment, the time had not yet arrived for such action.


From the time Louisiana was ceded to the United States the planters in those portions of the territory bordering on the Spanish possessions suffered severe losses on account of their slaves running away, crossing the border, and claiming the protection of the Span- ish flag. In 1809 Claiborne succeeded in obtaining from Gov. Salcedo, of Texas, to which province most of the fugitive slaves had fled, the return of a number of the runaway negroes, assuring the Spanish governor that slaves from Texas who sought a refuge in Louisiana would be likewise returned to their owners. This arrangement gave great satisfaction to the people of the Territory of Orleans and increased the governor's growing popularity.


The invasion of Spain by France caused an exodus of the people of St. Domingo, who sought an asylum in Louisiana, and in June. 1809. many of them arrived at New Orleans, some of whom brought their slaves with them, notwithstanding the law of the United States prohibiting the importation of slaves from foreign countries. This gave rise to a complex situation. On June 19 the collector of the district asked the governor to name some persons to whom the


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slaves might be delivered in conformity to the provisions of the act prohibiting their importation, and Claiborne directed the mayor of New Orleans to receive them and place them in the hands of their respective owners, who should give bond to produce the slaves on ten days' notice when demanded. By July 18 over 5,000 of the refugees had arrived in New Orleans and Claiborne wrote to the U. S. consul at Havana, advising him that "their number is becom- ing so considerable as to embarrass our own citizens, and I fear they will not be enabled much longed to supply, as fully as they would wish, the wants of these unfortunate strangers. You will, therefore, render a service to such of the French as may not have departed from Cuba, by advising them to seek an asylum in some other district of the United States." He also advised him to dis- courage free people of color from coming to the Territory of Orleans, and wrote a similar letter to the U. S. consul at St. Yago de Cuba. But the colored people managed to evade the order and continued to come to New Orleans.


In his message to the legislature that met in Jan., 1810, Claiborne congratulated them on the new-born interest manifested by the people in the recent elections : reminded them that the embarrass- ments to commerce resulting from the condition of foreign relations had decreased the price of the productions of the territory and increased the price of imported goods, and urged them to encourage domestic manufactures. The principal event of this year was the West Florida revolution, which resulted in the annexation of that part of the present state of Louisiana east of the Mississippi to the Territory of Orleans. This was done under a proclamation of the president, which precipitated an animated debate in Congress in the early part of 1811, but the action of Mr. Madison was finally sustained.


The territorial legislature met early in Jan., 1811, but was pro- rogued to the 4th Monday of the month, on account of the negro insurrection (q. v.). This was the last session of the territorial legislature, but before the adjournment information was received that Congress had passed a bill, which was approved by the presi- dent on Feb. 20. 1811, authorizing the people to form a constitution and state government, preparatory to admission into the Union. The legislature immediately made provision for the election of delegates to a constitutional convention, after which an adjourn- ment was taken until the latter part of April. Among the acts passed by this last territorial legislature were those chartering the Planters' bank and the Bank of New Orleans, as the charter of the Bank of the United States had expired. Another act granted to Livingston and Fulton the "sole and exclusive right to build, con- struct, make, use, employ and navigate boats, vessels and water- crafts, urged or propelled through water by fire or steam, in all the creeks, rivers, bays and waters whatsoever within the jurisdic- tion of the territory, during eighteen years from the 1st of Jan., 1812."


According to a census taken in 1810, the population of the Terri-


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tory of Orleans was 76,566, which under the act establishing the territory entitled it to admission. Under the act of Congress of Feb. 20, 1811, above referred to, delegates were elected to a consti- tutional convention which assembled on Nov. 4, 1811. Julien Poy- dras was elected president and Eligius Fromentin secretary. On Jan. 22, 1812, the constitution was adopted, and on April 8 the president approved an act for the admission of the former territory of Orleans, under the name of the State of Louisiana, with the provision that the act should not take effect until April 30, the ninth anniversary of the treaty of cession. On that date Gov. Claiborne's territorial administration came to an end.


Claiborne's Administration (State) .- The first officials of the State of Louisiana were as follows: William C. C. Claiborne, governor ; L. B. Macarty, secretary of state ; J. Montegut, treasurer ; Thomas B. Robertson, representative in Congress; Allan B. Ma- gruder and Jean N. Destrehan. U. S. senators; Dominick A. Hall, George Mathews and Pierre Derbigny, judges of the supreme court ; Julien Poydras, president of the senate; P. B. St. Martin, speaker of the house. Destrehan resigned before taking his seat in the senate and Claiborne appointed Thomas Posey to fill the vacancy. Claiborne was elected governor on June 30, the first session of the first state legislature was convened on July 27, and on the 31st the new governor was inaugurated. Congress had declared war against Great Britain on June 18, and in his inaugural address Claiborne said: "War is not the greatest of evils-base submission to aggres- sion would have been a greater curse. It would have entailed dis- honor, cowardice, vassalage upon our posterity. * * *


The wrongs of England have been long and seriously felt ; they are visi- ble in the decline of our sea towns, in the ruin of our commerce, and the languor of agriculture. The recourse to arms may increase the pressure; but let it be recollected, that whatever sacrifice we make, is offered on the altar of our country-a consideration which will reconcile a faithful people to every privation.


* * Let every man put himself in armor. Age itself should be prepared to advance against an invading foe. Our young men should hasten to the tented field. and tendering their services to the government, be in readiness to march at a moment's warning to the point of attack. In such a contest. the issue cannot be doubtful. In such a cause, every American should bare his bosom. Where justice is the standard, Heaven is the warrior's shield."




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