USA > Louisiana > Louisiana; comprising sketches of counties, towns, events, institutions, and persons, Volume I > Part 31
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 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79
Though the region forming the province of West Florida had been taken possession of by the United States and made a part of the Territory of Orleans in 1810, Congress had not seen fit to in- clude that province in the boundaries of the proposed state. Conse- quently, delegates to the constitutional convention were chosen only from the 12 counties into which the territory was then divided. The following delegates were elected to frame the first constitution of the state: Julien Poydras, president. From the county of Orleans, J. D. de Goutin, Bellechasse, J. Blanque, F. J. Le Breton, D'Orgenois, Magloire Guichard, S. Henderson, Denis de La Ronde, F. Livaudais, Bernard Marigny, Thomas Urquhart, Jacques Vil- lere, John Watkins, Samuel Winter. From the county of German Coast, James Brown, Jean Noel Destrehan, Alexandre La Branche. From the county of Acadia. Michel Cantrelle, J. M. Reynaud. G. Ronssin. From the county of Iberville, Aman Hebert, William Wikoff, Jr. From the county of Natchitoches, P. Boissier, J. Prud-
256
LOUISIANA .
homme. From the county of Lafourche, William Goforth, B. Hub- bard, Jr., St. Martin, H. S. Thibodaux. From the county of Pointe Coupée, S. Hiriart. From the county of Rapides, R. Hall, Thomas F. Oliver, Levi Wells. From the county of Concordia, James Dunlap, David B. Morgan. From the county of Ouachita, Henry Bry. From the county of Opelousas, Allan B. Magruder, D. j. Sutton, John Thompson. From the county of Attakapas, Louis De Blanc, Henry Johnson, W. C. Maquille, Charles Olivier, Alex- ander Porter.
This convention assembled in New Orleans Nov. 4, 1811, and after the election of F. J. Le Breton D'Orgenois as temporary chairman, it adjourned to Nov. 18. When it reassembled on that date it effected a permanent organization by the choice of Julien Poydras, the territorial delegate to Congress, as president, and Eligius Fromentin secretary. Mr. Watkins introduced the resolu- tion looking to the formation of a state government, which was at once emphatically opposed by such able delegates as Destrehan, Morgan, Porter and Hubbard, but the final vote showed a large majority in its favor, only 7 negative votes being recorded. A committee of 7-Destrehan, Magruder, Brown, Cantrelle. Johnson, Blanque and Bry-was then appointed to prepare a draft of a con- stitution. Six days later the committee submitted its draft, which was long and ably debated. The name of Louisiana was given to the new state, though Jefferson and other names were suggested. One of the knotty problems which occupied the time of the conven- tion was whether West Florida should constitute a part of the state. Finally all the conditions exacted by Congress were com- plied with, the constitution was approved and adopted on Jan. 22, 1812, and it was voted to send 2 delegates-Fromentin and Ma- gruder-with all the proceedings to lay the same before Congress for ratification. Having completed its work the convention ad- journed without day on Jan. 28, 1812, after a long drawn out session of over 2 months.
The act of Congress, approved April 8, 1812. admitted Louisiana to statehood, but it was not to go into effect until April 30, the 9th anniversary of the treaty of cession. Meanwhile, by act of Con- gress, approved April 14, 1812. a formal tender was made to the new state of all that portion of West Florida lying west of the Pearl river. This enlargement of the state was promptly accepted by the first state legislature under the following resolution, adopted Aug. 4, 1812: "Be it therefore resolved, that the senate and house of representatives of the State of Louisiana in general assembly convened, do approve of and consent to the enlargement of the limits of the said state of Louisiana in manner as provided by the above in part recited act of Congress, hereby declaring that the same shall forever be and remain part of the State of Louisiana."
Constitutional Convention of 1845 .- Louisiana had outgrown her organic law adopted at the time of her admission to the Union in 1812, and the demand of the people for a more democratic instrument had grown too insistent to be longer disregarded. The
257
LOUISIANA
question of holding a constitutional convention for the revision of the constitution came before the people at the general election of 1842 and an overwhelming majority was registered in favor of the proposition. In accordance with the will of the people the legisla- ture of 1844 ordered that an election be held in July for the selec- tion of 77 delegates to a state constitutional convention. The dele- gates chosen met in convention at Jackson, Aug. 5, 1844; on Aug. 24, 1844, the convention adjourned to meet in New Orleans on Jan. 14, 1845.
Bernard Marigny served as temporary chairman of the conven- tion, while a permanent organization was effected by the choice of Joseph Walker, of Rapides, as president, and Horatio Davis as secretary. Among the distinguished members of the convention were the following: Ex-Gov. A. B. Roman, John R. Grymes, Felix Garcia, Duncan F. Kenner, Joseph Walker, Pierre Soulé, Bernard Marigny, George Eustis, Christian Roselius, William C. C. Clai- borne. C. M. Conrad, Judah P. Benjamin, Antoine Boudousquié, Isaac T. Preston, and Thomas H. Lewis. (See Fortier's Louisiana.)
The constitution as evolved had a number of serious defects, but was on the whole a distinct improvement over the one adopted in 1812. Besides creating the office of lieutenant-governor, the con- vention widened the elective franchise, changed the time of holding elections, requiring elections to be held throughout the state on the same day, changed and greatly simplified the judicial system, provided for free public schools, a seminary of learning, a state university, and a state superintendent of education, showed its distrust of the legislature in a number of important particulars, par- ticularly in the matter of pledging the faith of the state for the payment of obligations, and in the matters of state indebtedness, stock subscriptions, divorces, lotteries, etc. An effort was made in the convention to limit the choice of governor to native born Americans, but the attempt was frustrated after a brilliant debate. Says J. D. B. De Bow (Fortier's His. of La., vol. 3, p. 234) : "Great and strenuous exertions were made in the convention to apply the native American qualification, and thus exclude from this high office whoever may have had the misfortune not to have been born among us. This, we think, is carrying proscription entirely too far, and we rather agree in the main with those eloquent gentlemen who battled against the attempted innovation, and so triumphantly demonstrated its unjust and injurious tendencies. Amongst these most conspicuously stood Mr. Soulé, the gifted advocate, and Mr. Marigny. These gentlemen might have been considered the advo- cates of the French interests of Louisiana, and standing, as it were, intermediate between the order of things which belonged to the State in early days, and the new one which has been coming upon her. We can appreciate the delicacy of their position in the Con- vention during such a discussion as this, and admire the skill, ability, and patriotism with which they conducted themselves. . . The native American exclusiveness was thrown out of ..
convention, and we consider it dead in Louisiana."
258
LOUISIANA
The convention finally adopted a constitution on May 14, ad- journed without day on the 16th, and the new instrument was duly ratified by the people of the state at the succeeding election.
Constitutional Convention of 1852 .- Despite the advance made toward the adoption of more democratic institutions by the consti- tution of 1845, a demand speedily arose for a new instrument which would further satisfy the radical views of government prevailing among the masses. Joseph M. Walker, inaugurated governor of the state in 1850, had been rash enough to recommend in his inau- gural message an amendment to the constitution making the offices of all the judges of the state elective, but he was strongly opposed to the calling of a constitutional convention. The advocates of a more radical change in the organic law prevailed, and the constitui- tion duly assembled in Baton Rouge on July 5, 1852. Its delibera- tions were presided over by Duncan F. Kenner, and the record of its proceedings were kept by Secretary J. B. Walton. The conven- tion appears to have performed its work with diligence and dispatch, as its labors were concluded on July 31. The instrument evolved was a radical one for that day, but contained many excellent pro- visions, such as the safeguarding of the public school funds, the creation of a Board of Public Works, the limitation of sessions of the legislature to 60 days, and the popular election of the important state officers, the secretary of state and the treasurer. On the other hand, all the judicial offices throughout the state were made elective, the debt limit of the state was increased from $100.000 to $8,000,000 and the legislature was once more authorized to create banks by special act or under general law. (See Constitution of 1852.)
Constitutional Convention of 1864 .- Early in 1863 the important questions of reorganizing the state government, and providing for . the recently emancipated negroes began to be agitated. Two fac- tions arose within the state, one advocating the election of new state officers under the old constitution amended to meet the changed conditions, and the other, called the Free State general committee, declaring that the old order of affairs had been wiped out by the secession of the state, that a convention should be sum- moned to frame a new constitution, and that the state government should be wholly reorganized after the adoption of an entirely new constitution. A petition sent to Washington to have the old con- stitution recognized was considered, but President Lincoln avoided making any decision. Gov. Shepley favored the views of the Free State committee, while Gen. Banks practically recognized the old constitutional party by ordering an election of state officers on Feb. 22, 1864. Michael Hahn, the Banks candidate. received a large majority over Benj. F. Flanders, nominated by the Free State party, and J. Q. A. Fellows, who ran on a ticket favoring "the Con- stitution and the Union, with the preservation of the rights of all inviolate." Meanwhile, Gen. H. W. Allen was elected Confederate governor of Louisiana, and was duly inaugurated on Jan. 25, 1864.
259
LOUISIANA
Thus the state was blessed with 2 governors, a Confederate in the north, and a Federal in the south.
Immediately succeeding the inauguration of Gov. Hahn on March 4, 1864, Gen. Banks ordered an election for March 28 of delegates to a convention to revise the old constitution ; this order was sanctioned by Gov. Hahn, who had been invested with the powers of the military governor, and who was in need of military assistance. A total of 97 delegates were chosen at the election, of whom 2 were rejected by the committee on credentials. The right to vote at this election was thus defined: "Every free white man, twenty-one years of age, who has been a resident of the state twelve months, and six months in the parish in which he offers to vote, who is a citizen of the United States, and who shall have taken the oath prescribed by the president in his proclamation of Dec. 6, 1863, shall have the right to vote in the election of dele- gates." The total vote cast was 6,836 in favor of the convention, and 1,566 against. Under the circumstances only a small constitu- ency was represented in the convention, and the delegates only spoke for a small fraction of the people of Louisiana. Said a com- mittee of Congress at a later date: "Elections were held only in the parishes included within the Federal lines, and these lines were the Teche on the one side and the Amite on the other, comprehend- ing the parish or city of New Orleans, and the neighboring parishes on the Mississippi." Even late in 1864, three-fourths of the state was still in the possession of the Confederate forces.
The convention assembled on April 6, and the following day chose E. H. Durell as president. A new constitution was finally adopted on July 23, and, after a session of 78 days, the convention adjourned July 25. Prior to this the convention had adopted a resolution to the effect "that when this convention adjourns, it shall be at the call of the president, whose duty it shall be to recon- vene the convention for any cause, or, in case the Constitution should not be ratified, for the purpose of taking such measures as may be necessary for the formation of a civil government in Louisi- ana. He shall also, in that case, call upon the proper officers of the state to cause elections to be held to fill any vacancies that may exist in the convention, in parishes where the same may be prac- ticable." This resolution was largely responsible for the unfor- tunate events leading up to the riot of 1866 in New Orleans (q. v.).
The constitution adopted July 23 necessarily made many impor- tant changes in the former organic law of 1852. It forever abol- ished slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and the legislature was prohibited from making any law that recog- nized the right of property in man. It was provided that the seat of government should not be changed, but that a session of the legislature should be held at New Orleans on the first Monday of October, 1864: also, that the special election for members of the legislature should be held on the same day as the election for the ratification of the new constitution, and declared that "the term of
260
LOUISIANA
office of the first general assembly should expire as though its members had been elected on the first Monday of November, 1863." Every qualified voter was made eligible to a seat in the assembly. It directed the legislature, after making the enumeration, to appor- tion the representation in the general assembly, which was to con- sist of 118 representatives and 31 senators. Whites who had re- sided in the state 1 year, and in the parish 3 months, were given the franchise : and the legislature could extend the right of suffrage to other persons, "citizens of the United States, who by military service, by taxation to support the government, or by intellectual fitness, may be deemed entitled thereto." The legislature was prohibited from passing any law "excluding citizens of this state from office for not being conversant with any language except that in which the constitution of the United States is written," and from passing any law "requiring a property qualification for office.
Still other articles provided that there should be a state auditor of public accounts ; that the supreme court should consist of 1 chief justice and 4 associate justices : that no judgment should be ren- dered by the supreme court without the concurrence of a majority of the judges; that "the privilege of free suffrage should be sup- ported by laws regulating elections and prohibiting under adequate penalties, al! undue influence thereon from power, bribery, tumult, or other improper practices:" that the right of the people against unreasonable searches and seizures should not be violated ; that the power of the legislature to grant aid to corporations, except to charitable and industrial associations, should be limited; that the legislature should have the power to license the selling of lottery tickets and the keeping of gambling houses : that 9 hours should constitute a day's labor on public works; that there should be appointed a state engineer to superintend all public works ; that the legislature might create internal improvement districts, and grant aid to such districts out of the funds arising from the sale of swamp and overflowed lands. The articles bearing on education are inter- esting and important. The salary of the superintendent of educa- tion was fixed at $4,000, and the legislature was authorized. under certain circumstances, to abolish the office: directed the legislature to "provide for the education of all children of the state between the ages of six and eighteen years, by maintenance of free public schools by taxation or otherwise:" provided that "the general exer- cises in the common schools shall be conducted in the English lan- guage ;" that a university be established in New Orleans, to con- sist of four faculties, viz .: Law, Medicine, Natural Sciences, and Letters; that the legislature provide for its organization and main- tenance: (this was an effort to put new life into the university created by the constitution of 1845 (q. v.) : that the old fund for the support of the Seminary of Learning should be appropriated to the benefit "of literature and the arts and sciences:" and that "no appropriation should be made by the legislature for the sup- port of any private school or institution of learning, whatever, but
261
LOUISIANA
the highest encouragement should be granted to public schools throughout the state.
At the election held Sept. 5, 1864, on the adoption or rejection of the constitution, 4.664 votes were recorded in its favor, and 789 against. The legislature chosen at the same time in conformity to the provisions of the constitution, assembled at New Orleans Oct. 3, and its many startling pieces of legislation are a matter of record (See Hahn's Administration, etc.).
Constitutional Convention of 1867 .- This convention was called under the Military Reconstruction Act of Congress, adopted in 1867, and formed an essential step in the Federal program designed to free the Southern states from the military authority exercised under the reconstruction acts, and to restore them to their former political standing in the Union. (See Reconstruction.) The act of Congress provided that the delegates should be elected by the male citizens of the state, 21 years old and upwards, "of whatever race, color, or previous condition of servitude," residents of the state for one year, and not disfranchised. No person could be elected as a delegate who was excluded from office by the 14th amendment. Under a supplemental reconstruction bill passed by Congress, March 2, 1867, the registration of voters was provided for and the conduct of the election of delegates. The military commandant of each district was to order the election of the delegates, and the conventions were to be held "only when a majority of the inscribed electors voted upon this question, and a majority of those voting voted in the affirmative."
The several constitutions adopted by the conventions were to be submitted to the registered voters for ratification, and if a favor- able majority was secured, copies of the constitutions were to be then submitted to Congress through the president for ratification and approval. When approved by Congress, that body would then admit the senators and representatives from the "rebel states."
The convention met at New Orleans on Nov. 23, 1867, and con- tinued in session until March 9, 1868. On March 7 it finally adopted a constitution. As was to be expected, considering the character of the electorate, a large majority of the delegates were negroes. The convention chose J. G. Taliaferro to preside over its delibera- tions. One of the provisions of the reconstruction acts was that a tax should be levied to meet the expenses incident to the conven- tion. Accordingly, on Dec. 24, the convention adopted the ordi- nance providing for a tax on property of one mill per cent. for this purpose .. In order to carry this plan into effect it was found neces- sary to pass a supplemental ordinance embodying an elaborate scheme of taxation. The sheriffs and collectors in each parish were directed to give notice of the tax to the tax-payers, and a penalty of 25 per cent. additional was imposed in default of payment of the tax within 30 days after such notice. The collectors and sheriffs were further ordered, in case of such default, to seize and sell any movable or immovable property to satisfy the special assessment. A committee was afterward appointed to confer with the military
262
LOUISIANA
commander of the district. Gen. Hancock, for the purpose of ascer- taining whether he would exercise his authority to assist in the collection of the tax. They were told that the ordinance made sufficient provision for its collection, and, if any of the officers intrusted with the duties pertaining thereto were forcibly resisted, the "major-general commanding will promptly use the military power to maintain the supremacy of the law. To this extent he has authority to act, but it is not his province to interfere in the matter in any other way." When a later application was made to Gen. Hancock through a special committee to know what he would do in case the civil courts should interfere with the collectors in the dis- charge of their duties, he replied that "it would be highly improper for him to anticipate any illegal interference of the courts in the matter. Whenever a case arises for the interposition of the powers vested in the commanding general by the acts of Congress, he will promptly exercise them for the preservation of law and order." The tax proved difficult of collection, and the convention adopted an ordinance early in March, 1868, extending the time for exacting the penalty to the 20th of that month and making the following interesting provision : "That the warrants issued by the authority of this convention for the payment of per diem and mileage of delegates and the pay of its officers, except the official printer or printers, shall be receivable in payment of all taxes and licenses due to the State of Louisiana, and, when paid in the Treasury of the State on account of any State tax or license, the same shall be placed by the Treasurer of the State to the debit of the convention fund on his books, and shall be paid out of said fund for the benefit of the general fund of the State."
A variety of propositions were submitted to the convention from time to time, aimed to secure certain social rights to citizens "without regard to race or color," which excited prolonged debates, and ultimately resulted in the adoption of the 13th article of the constitution (q. v.). As in the reconstruction convention of most of the states, the topics which excited the most earnest debate were those connected with the subjects of. voting and holding office. The conservative element in the convention opposed all re- strictions founded on the part which citizens had taken in the late war. The final result of the debates was the adoption of the pro- visions embodied in articles 98 and 99, and containing certain of- fensive clauses which operated to effectually disfranchise a large number of the best white citizens of the state. The certificate re- quired of those citizens who had been in sympathy with the South- ern canse stating that they must first "acknowledge the late rebel- lion to have been morally and politically wrong" was especially odious. (See Constitution of 1868.)
In addition to the constitution itself, the convention passed an ordinance providing for an election to be held April 17 and 18. 1868, at which the vote was to be taken on the ratification of the consti- tution, and officers were to be chosen to administer the government under the same. It was further provided that all officers chosen at
.
263
LOUISIANA
such election should enter upon the discharge of their duties on the . second Monday after the returns of their election were officially promulgated, or as soon thereafter as qualified, but their regular terins of office were to date from the first Monday in November following their election. The same ordinance provided for the first meeting of the general assembly in the city of New Orleans, on the third Monday after the official promulgation of the results of the election, and declared that it shall "proceed, immediately upon its organization, to vote upon the adoption of the 14th amendment to the Constitution of the United States, proposed by Congress, and passed June 13, 1866;" and that "said legislature shall not have power to enact any laws relative to the per diem of members, or any other subject. after organization, until said constitutional amendment shall have been acted upon."
Gen. Robert C. Buchanan, who had succeeded Gen. Hancock in the command of the Fifth military district, ordered the election provided for by the convention, the specific directions therefor being embodied in Special Orders No. 63, dated March 25, 1868. Despite numerous reports of impending disturbances, the election passed off without any serious trouble, and resulted in the ratification of the constitution, by a vote of 51,737 in its favor to 39,076 against it. bieng a majority of 12,661 for ratification, out of a total vote of 80,813. The officers elected in April were appointed to their re- spective offices by Gen. Buchanan under instructions from Gen. Grant, and the following November regularly entered upon their terms of office. The legislature elected, after the acceptance of the constitution by Congress, met on June 27, 1868, and on July 9, adopted the 14th amendment to the Federal constitution as one of its earliest acts. Gen. Buchanan thereupon. July 13, 1868, issued Special Orders No. 154, which turned the administration of the civil affairs of the state over to the duly constituted authorities.
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.