Louisiana : its history as a French colony. Third series of lectures, Part 15

Author: Gayarre, Charles, 1805-1895. cn
Publication date: 1852
Publisher: New York : John Wiley
Number of Pages: 764


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Some reflections present themselves to the mind, in reviewing Lafrenière's address to the Council. Thus, it is apparent that he had assumed false and untenable ' grounds, and he must have known them to be such, when he argued in the Council, that the treaty of ces- sion was with conditions and reserves, that the letter of Louis XV. to D'Abbadie was binding on the King of Spain, and that it secured in law to the colonists their


* Sce the written deposition of Garic, the clerk of the Council, on the trial of Lafrenière and others.


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206


REFLECTIONS ON LAFRENIERE'S ADDRESS.


ancient rights and privileges. It is equally evident that it was, by the most forced construction, that he inter-


preted into an acknowledgment of those rights Ulloa's


letter to the Council, which this officer wrote from


Havana, giving notice of his coming, and which con-


, tained nothing but empty and vague expressions of


absolute, that the officers of the King of Spain could fore right when he said, that the treaty of cession was civility, usual on such occasions. Foucault was there-


not legally be dismissed from the colony, and that, if the


colonists were oppressed by those officers, their only


expenses of the colony, was to invite and to allow him tionaries and the French troops, and to assume all the invite and to allow Ulloa to pay all the French func- fell into a state of contradiction and inconsistency. To dle course and to keep on terms with both parties, he Majesty for redress. But, in his desire to pursue a mid- . of extreme hardship, was to apply to his Catholic course, save the inalienable right of revolution in cases


to be its governor. He could not, except as such, per- form what he was requested to do; and the public func-


. tionaries, as soon as they accepted the pay of Spain,


ceased to be French and became Spanish. The French troops, from the moment that they were supported by . the Spanish treasury, had virtually passed into the service of Spain, and owed obedience to the Spanish


governor. Thus Aubry, having consented to Ulloa's .


assuming all the expenses of the colony, acted logical- ly in executing the mandates of that officer, and in be- having only as his lieutenant. It was too late to allege the want of the formality of taking possession and of the vain parade of a public ceremony, when that possession had been effectually taken by the colony's being entire- ly supplied, in all the wants of its administration and in every thing else, out of the Spanish treasury, with the


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QUOTATIONS FROM LAFRENIÈRE'S ADDRESS.


consent and invitation of.all. Ulloa's authority could not be partially admitted; it was impossible not to re- ject or to recognize it in its integrity. Therefore, Foucault's recommendation to retain Ulloa in the colo- ny, as merely a French paymaster, and to deprive him of all authority as a Spanish governor, seems to be almost ludicrously incoherent. The fact is, that the colonists had achieved a revolution, and had, by force of arms, annulled the treaty of cession made between France and Spain. Foucault forgot that, on such occasions, men must have the courage of acknowledg- ing the paternity of their acts; that, as a revolution cannot be disguised, it had better be proclaimed; and that it is a futile attempt to reconcile with the existing political organization and laws, and to defend in their name, what is frequently their manifest disrupture and violation, and a return to the reserved and natural rights of man.


There is a passage in Lafrenière's address, of which Louisiana may well be proud, and of which she can boast, as spoken by one of her children, in 1768, before the voice of 1776 was heard. "In proportion," said he, "to the extent both of commerce and population, is the solidity of thrones ; both are fed by liberty and compe- tition, which are the nursing mothers of the State, of which the spirit of monopoly is the tyrant and step- mother. Without liberty there are but few virtues. Despotism breeds pusillanimity, and deepens the abyss of vices. Man is considered as sinning before God, only because he retains his free will." To appreciate this bold language, it must be remembered that it was officially uttered by the attorney general of an abso- lute King, and that it was intended to reach the ears of the despotic government of France.


Another passage of Lafrenière's address must be


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CHARACTER OF ULLOA AS GOVERNOR.


commented upon in justice to Ulloa. It must be ob- served that he said : " His Catholic Majesty's commis- sioner had publicly declared his conviction of the im- possibility of this country's trading with Spain. All patronage, favor and encouragement were formally promised to the inhabitants ; the title of protector was decreed to Mr. Ulloa ; the hope and activity, necessary to the success of the planter, were sustained by the faith and confidence reposed in these assurances of the Spanish governor." This shows what spirit had animated Ulloa on his arrival in Louisiana. His enlightened mind had immediately discovered all the wants of the colony, and it had cost him no effort to be convinced, that it was laboring under fatal commercial restrictions. He had expressed himself to that effect, and had promised his intercession with his government. He had kept his word, and had made remonstrances, which had been disregarded. Instead of inviting, he had depre- cated, the commercial decree which had been sent to him from Madrid, which he had been bound to put in force, and which had produced so much discontent. It was therefore with great injustice that, in this instance, he had been charged by the inhabitants with duplicity and wanton tyranny.


But whatever had been his faults, his virtues, the merits and demerits of his deeds, his connection with Louisiana, as governor, had now ceased for ever.


FIFTH LECTURE.


AUBRY'S REFLECTIONS ON THE LATE REVOLUTION-THE SUPERIOR COUNCIL ANNULS HIS PROTEST AGAINST THEIR DECREE-ULLOA'S LETTER TO AUBRY-CIRCUMSTANCES OF ULLOA'S DEPARTURE-MEMORIAL OR MANIFESTO OF THE COLONISTS IN THEIR JUSTIFICATION-THE COUNCIL APPOINTS A COMMITTEE OF INQUIRY IN RELATION TO THE ACCUSATIONS BROUGHT AGAINST ULLOA, AND ON WHICH HIS EXPULSION HAD BEZY BASED-DEPOSITIONS OF THE WITNESSES-THE ".COUNCIL'S LETTER TO THE DUKE OF PRASLIN-THEIR REPRESENTATIONS TO THE KING-COMPOSITION AND NATURE OF THE NEW TRIBUNAL ESTABLISHED BY ULLOA-FOUCAULT'S LETTER TO THE DUKE OF PRASLIN-AUBRY'S TO THE SAME-ULLOA'S ARRIVAL AT HAVANA-HIS LETTERS TO THE MARQUIS OF GRIMALDI ON THE REVOLUTION AND THE SITUATION OF THE COLONY-PETITION OF THE COLONISTS TO THE COUNCIL, PRAYING FOR THE EXPULSION OF THE SPANISH FRIGATE, THE VOLANTE-THE COUNCIL'S DECREE ON THIS SUBJECT-FOUCAULT'S DESPATCHES TO THE FRENCH GOVERNMENT-HIS TREACHERY-AUBRY'S OPINION OF ULLOA AND OF THE CONSPIRATORS-HIS WISHES AND VIEWS EXPRESSED TO THE FRENCH GOVERNMENT-THE NEWS OF THE REVOLUTION REACHES SPAIN-DELIBERATIONS OF THE COUNCIL OF MINISTERS- SPAIN DETERMINES TO RETAIN POSSESSION OF LOUISIANA-LETTER OF THE MARQUIS OF GRIMALDI, ON THE SUBJECT, TO THE COUNT OF FUENTES, AMBASSADOR OF SPAIN AT THE COURT OF VERSAILLES-GENERAL O'REILLY IS SENT TO LOUISIANA WITH FULL POWERS TO PUT DOWN THE INSURRECTION, AND TO TRY THE REBELS- DOCHTy AND ANXIETIES IN THE COLONY-BEGINNING OF A REACTION AGAINST THIE CHIEFS OF THE REVOLUTION.


Ox the 30th of October, 1768, Aubry sent to one of the ministers in France a detailed statement of all that had occurred, and said of the Superior Council : "Seeing that I could not oppose what they had resolved upon, and that their minds were made up, I protested against their decree which orders the expulsion, within three days, of him whom his Catholic Majesty had sent to take possession of the colony. I look upon this action as one of the greatest outrages that could be commit- ted. If a dozen individuals, who had contributed not a


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DELEGATES APPOINTED BY THE INSURGENTS.


little to set all on fire, had been spared the country, that event would not have happened. It is my duty to in- form your excellency that, although it is the universal wish of the colonists to remain French, and although they protest their fidelity to the King of France, yet every thing is topsy turvy. It is desired that I remain governor, and Mr. Foucault, intendant. But violence


is the order of the day. Much apparent respect is shown to me, but I am not obeyed. Having no troops at my disposal to enforce my authority, it is reduced to a mere shadow, and my person and the dignity of my office are both degraded."


This despatch was intrusted to De Lapeyrière, a Knight of St. Louis, whom Aubry sent to France, to give all the information that might be wanted in relation to the late revolution. The insurgents lost no time in selecting their delegates, to carry their representations to the foot of the throne. Lesassier was appointed by the Superior Council, Bienville, a Lieutenant in the navy, by the planters, and Milhet by the merchants. Bienville having refused, on the ground that his military commission was incompatible with the mandate for which he had been chosen, St. Lette was put in his place. 1


With regard to Ulloa, he was preparing to leave the country within the time which had been allotted to him, and he wrote to Aubry, to authorize him to withdraw the Spanish troops from the posts which they occu- pied, and to send them to Havana. " He has even been so generous," said Aubry, " as to order the Spanish commis- sary to continue to pay the French troops and their officers."


On the 31st of October, the Council met again, and annulled, in the following terms, Aubry's protest :


" Having taken into consideration the protest made by Mr. Aubry, Knight of the royal and military order


211


EMBARKATION OF ULLOA.


of St. Louis, governor of this province for his Most Christian Majesty, n relation to the decree of court delivered on the 29th of the present month, against Mr. Ulloa, commissioner of his Catholic Majesty ; and this protest being read whilst the audience was hold- ing, and the King's attorney-general being heard there- upon, and the matter thoroughly debated, the Council, without condemning the motives which have caused Mr. Aubry to protest against the decree of court, of the 29th of the present month, has declared and declares the said protest null and void, and orders that the said decree shall have its full force and entire effect, and shall be executed according to its form and tenor.


"Deliberated upon, and given, at the Council Chamber, October, 31, 1768."


On that day, Ulloa wrote to Aubry : " no reproaches can be addressed to me; for, if I had forts constructed, or gave any other commands, it was with your advice and consent, and with the approbation of the King, my master, to whom the colony belongs; and your excel- lency being the Governor-general of said colony, to whom was directed the edict of his Most Christian Majesty, declaring the cession, the Superior Council, which is nothing but a civil tribunal, has nothing to do with it."


In the evening, Ulloa embarked with all his family in a French vessel, which he had chartered, because he could not, as was alleged, depart in the Spanish frigate, which needed repairs. On the 1st of November, at the dawning of light, a numerous band of colonists, who had spent the preceding night at a wedding, and who were probably laboring under the ordinary effects of a festivity of this kind, appeared on the bank of the river, where the French vessel was moored, and indulged in the singing of patriotic songs and in the uttering of


212


MANIFESTO OF THE COLONISTS.


shouts of exultation. One of them, named Petit, cut the ropes which made fast the vessel, and the joyous band had the satisfaction to see her go down the stream. But she stopped at a short distance, and did not sail before the afternoon, in presence of the sergeants and bailiffs of the Council, who reported thereupon to that body. Marquis had ordered fifty men of the militia on board of a boat, to accompany, as far as the mouth of the river, the vessel which was to carry away Ulloa, and had instructed them to garrison the fort at the Balize, with the view to oppose any Spanish force that might come. These men had already embarked, when Aubry commanded them to desist from their enterprise and to land, under pain of being fired at. "On that occasion," said he, in one of his despatches, " I was obeyed for the first time."


After the expulsion of Ulloa, the planters and mer- chants of Louisiana, put forth a memorial or manifesto, in justification of the revolution of the 28th of October, which was published by Braud, the King's printer, with the authorization of Foucault, the intendant commissa- ry. It repeats all that had been said by Lafrenière in his address to the Council, and although containing further allegations and being more developed in its arguments, it seems to have been written by him, and


. certainly bears the stamp of his style. It begins with expressing the deep regrets of the colonists at being threatened with the loss of so beneficent a master as Louis XV., who is for his subjects, the image of God on earth, and an incomparable monarch-the most august of sovereigns, under whose cherished sway, it is the wish of the colonists to live and die, and they tender the remnants of their broken fortunes, their blood, their children, and their families, to remain under the paternal rule of Louis the well beloved. They also bestow exag-


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MANIFESTO OF THE COLONISTS.


gerated praise on the prime minister, Duke of Choiseul, and seem to forget, or not to be aware, that he was the very man who had transferred them away to Spain.


Among the other heads of accusation which they bring against Ulloa, they complain of his having granted to five or six persons, the exclusive privilege of trading with the Illinois district, and they also refer to the restrictions on commerce imposed by the famous de- cree of the 6th of September, 1766. They accuse him of the violation of fair promises made on his arrival, of an antipathy to humanity, and of a natural disposition to do cril deeds. In support of which, they mention his closing all the passes of the Mississippi, except one, which he chose, precisely because it was the most shal- low, the most difficult, and the most perilous ; his order- ing the pilots not to pass the night on board of any vessel coming to, or going out of the Mississippi, and his causing thereby many accidents and great damages ; the sending of honest and respectable citizens to the mines, and other acts of vexation and tyranny; the sequestration of goods ; the establishment of a new tris bunal, in violation of the rights and jurisdiction apper- taining to the Superior Council ; his interfering with the importation of Negroes ; his ordering a brick-yard to be abandoned, on the ground that it was too close to the fortifications of the town, and because the holes which the Negroes dug, to supply the kiln with earth, became full of putrid water, which he said, corrupted the air, notwithstanding the assertions of physicians to the contrary ; his treatment of the Acadians, whom he threatened to sell as slaves; his negociating with an Englishman the setting at aberty of four Germans de- tained on board of the Spanish frigate, in consideration of the payment of fifteen dollars per head ; his haughti- ness, his love of money, his sordid avarice ; his con-


214


MANIFESTO OF THE COLONISTS.


tempt for the ecclesiastical laws of the colony, his ab- sence from the French churches, and his having Mass said in his own house. They allege that he had the sacrament of marriage conferred under his own roof by his chaplain, on a white man and a black female slave, without the permission of the curate, without the re- quisite previous publications, without any of the forms or solemnities established by the church, in contempt of the decrees of the Council of Trent, and against the precise directions of the civil and canon laws which governed the colony.


"Is there any thing reprehensible," they said, "in the step to which we have been driven by Mr. de Ulloa's conduct, and by the vexations to which it led ? What harm have we done in shaking off a foreign yoke, which was made still more heavy and crushing by the hand which imposed it ? What offence have we committed in claiming back our laws, our country, our sovereign, and in consecrating to him our everlasting love ? Are such laudable attempts without an example in our history ? Have not more than one city in France, such as Cahors and Montauban, and even whole provinces, such as the Guerci, the Rouergue, and Gascony, re- peatedly broken with patriotic rage the English yoke, ,or refused to be fettered by foreign chains ? Solemn compacts, treaties of cession, and even positive orders from our kings often attempted in vain to accomplish, what British arms could not achieve, although smiled upon by victory ; and that noble resistance to the de- crees of our natural born sovereigns, far from kindling their wrath, stirred up the fountain of their paternal at- tachment, forced them into helping their loving subjects, and thus wrought out their deliverance."


After having given the reasons, why the colony of Louisiana could not be of any advantage to Spain, they


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MANIFESTO OF THE COLONISTS.


proceeded to enumerate those which ought to induce France to retain a possession, that was calculated to indemnify her for the loss of Canada.


"The remaining of this colony in the hands of France," so they argued, "is a better security and guaranty for the provinces of Spain bordering on Louisiana, than the cession made to that crown. The unfavorable impressions already conceived by the Indians against the Spanish nation, and which have prompted them, not only to insult, but also to threaten with great violence the Spanish Captain Rici, who commands at the Illinois, would, in case of war, enlist them in the ranks of any hostile power to Spain. On the contrary, the Indian tribes always side with the French soldiers, without inquiring who their enemy is. This is the true bulwark for Spain. Since she cannot find any advantage in the acquisition of this immense possession, and since it is beyond doubt that, from our limited commerce with her, we could not expect any thing beyond the bare support of our existence, why should the two sovereigns agree to make us miserable, for the sole pleasure of doing it? Such sentiments do not enter the hearts of kings, and it would be a crime to entertain any such supposition. *


"Scrupulous observers of the respect due to crowned heads, and of the mutual considerations of amity which civilized nations ought to cherish, we should feel deeply grieved, if we had lost sight of them in what we have done. There is nothing offensive for the Court of Madrid, in the exposition of our wants and in the assurances of our attachment, which we lay at the feet of our august Sovereign. We dare hope that these demonstrations of our zeal, will contribute to show to all the nations of the earth, how true is the appellation of well beloved, which the whole world gives to him,


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MANIFESTO OF THE COLONISTS.


and which no other monarch ever did possess. Perhaps, even in Madrid it will be said : Happy the prince, our ally, who finds the inviolable attachment of his subjects to his domination and to his glorious person, an obstacle to his treaty of cession !


' We are aware that the commissioner of Spain took before his departure, and still continues to gather, through his emissaries, certificates from certain indivi- duals residing among us, who are his mercenary clients, seduced by brilliant promises, and who are looking out for proselytes, by persuading the ignorant and frighten- ing the weak. But whatever may be the contents of these certificates, which are not very authentic, they never can deny what is of public notoriety and contra- dict the voice of the people.


" It is to his beneficent Majesty that we, the planters, merchants and colonists of Louisiana, address our most humble prayers, that he may immediately resume pos- session of the colony ; and being resolved to live and die under his dear domination, as well as determined to do all that may be required for the prosperity of his arms, the extension of his power, and the glory of his reign, we supplicate him to deign to preserve to us our patriotic name of Frenchmen, our laws and our privi- leges."


The whole of this long document is interesting, as representing the manners, the sentiments, the passions, feelings, and talents of the time, but it is a confused mixture of truths and errors, and is written in very de- fective style. It must be remarked, in connexion with it, that, with regard to the monopoly of trade granted by Ulloa in the Illinois district, it had been already es- tablished by D'Abbadie in 1761, and that such grants had been so frequent, since the foundation of the colo- ny, that its inhabitants must have been accustomed to


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APPOINTMENT OF A COMMITTEE OF INQUIRY. 217


the system, and that it could not be anticipated that they would resent so acutely its continuation, wrong as it certainly was. As to the hyperbolical expressions of inviolable attachment and unshakable devotion for the glorious person of Louis XV., of Louis the well beloved, it may be permitted to wonder at the foundations on. which rested such sentiments. Such was not the judg- ment of France herself on this degraded prince, who, without a feeling of remorse or shame in his royal breast, had allowed her to be stript of her magnificent colonies, which extended without interruption from the mouth of the Mississippi to that of the St. Lawrence, and who, instead of using her treasures in carrying on a glorious war, and in defending her immense American domains, lavished them away among vile flatterers, flung them in the lap of ignoble courtezans, and wasted his long and worthless life amidst the orgies of a cor- rupt court and the impurities of that famous seat of de- bauchery, called the Parc aux cerfs and imagined for his special benefit, without caring probably, and per- haps without knowing, in what part of America Louisi- ana was situated, and certainly without conceiving that, beyond the Atlantic, there were men who regretted his domination.


The Superior Council had begun with decreeing at once the expulsion of Ulloa, and six days after his de- parture, they ordered an inquest in relation to the mis- deeds of which this officer was accused. It seems that this should have been the first thing to be done. A committee of inquiry was appointed, composed of Huchet de Kernion and Piot de Launay, The wit- nesses, heard, corroborated some of the assertions made by Lafrenière, in his address to the Superior Council, and those that were set forth in the memorial of the planters and merchants, in justification of the


Тация


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218


DEPOSITIONS OF THE WITNESSES.


revolution of the 28th of October, and in addition, they certified to these other facts : That Ulloa had caused several children afflicted with leprosy to be seized, and, notwithstanding the supplications of their parents, had the cruelty to send them to the Balize, where none of their wants were supplied; that he had forbidden slaves to be whipped in New Orleans, in order to please his wife, whose humanity was shocked by their cries, so that the inhabitants, much to their prejudice, were ob- liged to go six miles out of the town to have their slaves punished ; that, for his own personal convenience, he had encroached on a street, which he had reduced to a width of sixteen feet, and that he had thought proper to block up one of the gates of the town, still for his own personal gratification.


Among other curious depositions, is that of the reverend Father Dagobert, vicar-general and curate. He swears that the only causes of reproach he has against Ulloa, are the following: that he, Ulloa, had caused the sacrament of marriage to be administered in his own house by his chaplain, without the required, previous publications, and without the usual formalities ; and that he, Father Dagobert, has been assured that the persons thus married, were a white man and a black woman. The witness declares that the marriage took place without his consent. He adds, that Ulloa had as- sumed the right of having a chapel in his own house, that he had mass said in it, for eighteen months, by the chaplain of the frigate, and, furthermore, that there was no decent place for the establishment of said chapel in said house. The deponent affirms that Miss de Lar- redo, Marchioness of Abrado, having arrived from Peru at the Balize, where Ulloa had gone to await her, the said Ulloa had carried her up in triumph to New Orleans, pretending to have married her at the Balize, where the


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THE COUNCIL'S LETTER TO THE DUKE OF PRASLIN. 219


nuptial benediction had been administered to them by the chaplain of the frigate, but without the permission of the deponent, and without the required publications, said chaplain having, besides, never been authorized to celebrate marriages in the province. Father Dagobert concludes saying, that this marriage has caused much scandal in the town, has alarmed timorous and scrupu- lous consciences, and that it is believed to be clandes- tine, on account of the want of compliance with the civil and canon forms and laws.




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