USA > Louisiana > Sketches, historical and descriptive, of Louisiana > Part 11
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is refrigerated by the breezes from the Apalachean moun- tains, which are still more agreeably temperate. The most serene weather is to the south of the twenty seventh degree, where frosts seldom make their appearance. Ilere the products of the more northern climates mix with those of the tropics. During the summer, heavy gales of wind beat against the east side of the peninsula. The west side is subject to dreadful squalls, and hardly a day pas- ses without one or more of them, especially if the wind be from between the south east and south-south west; but they are generally of short duration. Thunder and lightning are less frequent and violent here than in Georgia and the Carolinas.
The climate in West Florida, with one or two exceptions, is similar to that just mentioned. Frosts are frequent, and of such severity as to kill fruit and vegetables. At the close of winter in this quarter, the winds are mostly at west, and north west. In the spring, and the early part of au- tumn, they are usually at east. Just before and after the autumnal equinox, storms and hurricanes are common a- long the gulf ; they sometimes extend a considerable dis- tance up the Mississippi, though their violence abates as they recede from the coast. These tempests swell the ri- vers, and cover the low lands with water. Here the south, and south west winds occasion damp weather, per- haps because they traverse the gulf. The south east and north east winds are cool and dry, perhaps because they sweep over extensive forests and sandy plains. The winds between north and west are still more salubrious. The mercury in Farenheit seldom falls below thirty de- grees, and seldom rises higher than ninety four degrees in the shade.
The extremes of the climate are somewhat greater in the Mississippi territory. It has been observed that, of late years in this quarter, the summers have been warm- er, and the winters colder, than formerly. Orange trees,
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and other tender exotics were once cultivated here to some advantage; but, for some years past, they have suffered from the frosts. In former years the mercury . never fell below twenty six degrees; latterly it has sunk to seventeen, and in December 1800, to twelve degrees. In winter the north west winds are cold and dry. East winds, for the most part, either produce rain, or create considerable humidity in the air. The north east and south east winds are also charged with vapors. The north winds usually produce sleet and snow. The southerly winds begin to prevail in February, when the spring com- mences. During the summer they are generally from the south east and south west; yet they are frequently known - to follow the course of the sim, blowing from the north east in the morning, and dying away at south west in the evening. About eight or nine o'clock at night the cool zephyrs from the west and north west begin to rise, and brace the human system, rather too much relaxed by the heats of the day. These heats .begin to be oppressive in May, and continue till about the last of August; and du- ring this time the mercury vibrates between ninety and. ninety six degrees in the shade. From about the middle of September to about the twentieth of November, the weather is excellent, the mercury varying between sixty five and seventy degrees, and the winds blowing from every point of the compass, attended with frequent show- ers of rain. The winter commences the last of Novem- Der, when the mornings and evenings begin to be cold, and sometimes frosty. 'The frost first appears in the val- leys along the rivers and streams, and a difference of ten degrees is frequently known to exist between the atmos- phere of these and that on the high grounds, at the dis- tance of three miles only. At this season of the year the weather is changeable, and perhaps in no part of the world is the human frame more susceptible of it. It is apt to produce pluretic and other inflammatory diseases. Bilious
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fevers sometimes make their appearance, and intermit- tents are endemical. No great quantity of snow falls in this country, though seldom a winter passes without some .:
Hence we perceive that the climate in the Mississippi territory is materially different from that of West Flori- da, though about a degree only to the north of it; and that some of the winds in the two places, blowing from the same points, produce opposite and contrary effects. This problem is well worthy of investigation.
The prevalent winds in East Florida are nearly similar to those in West Ficrida, though their effects are rather different. The gales from the east and north east are more severely felt, while those from the opposite points make much less impression. The air is clear and pure ; heavy dews fall at night ; fogs are seldom seen, except on St. John's river. The spring and autumn are dry, though the temperature of the latter is variable. The winter commences about the last of November, with wet and windy weather. From October to June the climate is ge- nerally excellent. The months of July, August, and September, are extremely hot and uncomfortable; but the temperature is less variable here than in Georgia, and frosts are much more rare. After storms, attended with thunder and lightning, the wind generally veers to the the west, and is very welcome to all ; particularly to those whose bodies are exhausted by the heats.
From the first of July to the middle of October, fevers are prevalent in both the Floridas. They are usually pre- ceded by heavy rains, and sultry weather. Those of plethoric habits, and sanguine constitutions, are the most liable to . be attacked. Inflammatory fevers of domestic origin are rarely experienced. The yellow fever occasi- onally makes its appearance ; but it has always been tra- ced to the islands, particularly to the Havanna. Intermit-
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tents are endemical, and often prove tedious ; but they commonly yield to the prescriptions of skilful physicians.
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It has already been hinted, that the transitions in the temperature of the weather were much less on the ex-' tremes in the Floridas than in the eastern states. This circumstance is particularly favorable to health along the the gulf, where the heat is considerable, and where sud- den transitions in the temperature of the atmosphere would generate dangerous diseases. If men in this quar- ter avoid intemperate excesses, fatigues, and the violence of the heats, no great danger is to be apprehended.
B fore we conclude, it seems necessary to observe, that the English, when they took possession of the Flori- das, endeavoured to infuse an agricultural spirit into the minds of the people. They were forward to set the ex- ample, and commenced improvements in the culture of such articles as were of commercial importance, particu- larly rice and cotton. In a very few years the face of the Floridas was changed; and had they remained much lon- ger in the country, agriculture and population would have arrived at their maximum. They found the Spaniards without agriculture, and without energy of character suf- ficient to stimulate them to it. They awakened them from the slumbers of more than two centuries, and sur- prised them with the advantages of manual industry, pro- perly directed ; yet these renovated beings, on the depar- ture of the English, resumed their ancient habits, and sunk again into inaction ; in which they still remain in all the pride of poverty, and overwhelmed in the pleasures of a negative existence !
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CHAPTER III.
EXTENT AND BOUNDARIES OF LOUISIANA.
THE discovery of the Mississippi by Ferdinand de Soto in 1541, was never considered by Spain as authoriz- ing a claim to any part of the country about it. The sub- sequent discoveries and settlements of the French were ultimately acquiesced in by that power.
Among civilized nations the right derived from disco- very is as conclusive and indisputable at that derived from purchase, particularly if it be succeeded by posses- sion. We shall soon discover the extent of the claims of France in Louisiana, and distinguish those of a legitimate from those of a doubtful nature.
· A paper on this subject was published by the author in the Aurora in October 1806, which is introduced in this chapter, though with many additions and alterations, made in 1809.
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By the treaty of St. Idelfonso, dated the first of Octo- ber 1800, Spain " promises and engages on her part, to " retrocede to the French republic, six months after the " full and entire execution of the conditions and stipula- " tions therein contained relative to the duke of Parma, " the colony or province of Louisiana, with the same " extent that it actually has in the hands of Spain, that it " had when France possessed it, and such as it should be "after the treaties subsequently entered into between " Spain and other states." This clause was confirmed ' and enforced by a subsequent treaty, between the same powers, made at Madrid, March the twenty first 1801; it also makes a part of the treaty of cession of April the thirtieth, 1803, between the French republic and the Uni- ted States, and is particularly referred to as descriptive of the boundaries of Louisiana. These boundaries under- went no alteration in the hands of Spain, except what re- sulted from the provisions of the treaty of 1795, between that power and the United States.
The words " that it actually has in the hands of Spain," and " that it had when France possessed it," seem to bear on the face of them a considerable degree of diplo- matic uncertainty : A cause of dispute appears to be the object of both parties ; and each was' aware that the strong- est would prevail. But the meaning undoubtedly was, and this corresponds with the known rules of constructi- on, that the French republic should possess Louisiana in its fullest extent. Ail the territory between the Missis- sippi and the Perdido was included in Louisiana at the time Spain acquired it by the treaty of 1762, and though the transfer extinguished the name, it did not obliterate what France possessed prior to that period.
Il indeed the boundaries of Louisiana were limitted to the territory in the actual possession of France in 1762, the question about them would hardly admit of dispute. . . But the termis of the treaty of retrocession in 1800, which
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are incorporated in the treaty of cession of 1803, and make a part of it, place the dispute on a very different ground, and much more in favor of the United States. The real question now is, What was the extent of Louis- iana when France possessed it ? The import of the words in the retrocession fairly includes, what she had a right to possess, not simply what she actually did possess at that period.
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The boundaries of Louisiana may be partly ascertained by. a reference to the grant made of the commerce of that country to Crozat in 1712. This document is the more important, as it probably contains the first formal and official recognition of some of these boundaries; and such parts of it as serve to illustrate them, will now be quoted.
" LOUIS (the fourteenth) by the grace of " God, king of France and Navarre : To all who shall " see these presents, greeting. The care we have always " had to procure the welfare and advantage of our subjects, " having induced us, notwithstanding the almost continual " wars which we have been engaged to support from the
" beginning of our reign, to seek all possible opportuni-
" ties of enlarging and extending the trade of our Ame- " rican colonies, we did in the year 1683, give our orders " to undertake a discovery of the countries and lands, " which are situated in the northern parts of America be- " tween New France (Canada) and New Mexico. And " the Sieur de la Salle, to whom we committed that " enterprise, having had success enough to confirm the " belief, that a communication might be settled from " New France to the gulf of Mexico by means of large " rivers ; this obliged us immediately after the peace of . " Ryswic (in 1697) to give orders for the establishing a "' colony there, (under Ibberville in 1699) and maintaining " a garrison, which has kept and preserved the possession
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" we had taken in the year 16 :3, of the lands, coasts and " islands which are situated in the gulf of Mexico, be- " tween Carolina on the east, and old and new Mexico " on the west. But a new war breaking out in Europe " shortly after, there was no possibility till now of reap- " ing from that new colony the advantages that might " have been expected from thence, because the private men " who are concerned in the sea trade, were all under en- " gagements with the other colonies, which they have " been obliged to follow : And whereas upon the inform- " ation we have received concerning the disposition and " situation of the said countries known, at present by " the name of the province of Louisiana, we are of opinion, " that there may be established therein a considerable " commerce, so much the more advantageous to our king- . " dom in that there has been hitherto a necessity of fetch- " ing from foreigners the greatest part of the commodi- " ties which may be brought from thence, and because in " exchange thereof we need carry thither nothing but the " commodities of the growth and manufacture of our " own kingdom; we have resolved to grant the com- " merce of the country of Louisiana, to the Sieur Antho- " ny Crozat, our counsellor, secretary of the household, " crown and revenue, to whom we entrust the execution " of this project. We are the more readily inclined there- " to, because his zeal, and the singular knowledge he has " acquired in maritime commerce, encourage us to hope " for as good success as he has hitherto had in the divers " and sundry enterprises he has gone upon, and which " has procured to our kingdom great quantities of gold " and silver in such conjunctures as have rendered them " very welcome to us. For these reasons, being desir- " ous to shew our favor to him, and to regulate the con- " ditions upon which we mean to grant him the said com- " merce, after having deliberated the affair in our coun- " cil, of our own certain knowledge, full power, and
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" royal authority, we by these presents, signed by our " hand, have appointed, and do appoint, the said Sieur " Cruzat to carry on a trade in all the lands possessed by " us, and bounded by New Mexico, and by the English " of Carolina, all the establishments, ports, havens, rivers, " and particularly the port and haven of Isle Dauphin, " heretofore called Massacre ; the river St. Louis, here- " tofore called Mississippi, from the edge of the sea as " far as the Illinois, together with the river St. Philip, " heretofore called the Missouris, and St. Gerome, here- " tofore called Ovabache, (the Ohio) with all the coun- " tries, territories, lakes within land, and the rivers which " full directly or indirectly into that part of the river St. " Louis. Our pleasure is, that all the aforesaid lands, " countries, streams, rivers, and islands, be and remain " comprized under the name of the government of Lou- " isiana."
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Now this is the solemn declaration of Lewis the four- teenth, as to the extent of some of his claims in Louisia- na; and we shall soon find how far they derive support from discovery, possession, and settlement. .
The commerce of Crozat extended as far as the Il- linois. This expression had no reference to the river of that name, but to the country in general, on both sides of the Mississippi, above the mouth of the Onio; which, under the French and Spanish governments, was deno- minated the country of the Illinois, and this denomination appeared in all their records and other official acts. Thus letters, deeds, and other instruments, bore date at Kas- kaskia of the Illinois, St. Louis of the Illinois, St. Charles of the Illinois; not simply to signify the villages where such documents were respectively executed, but more particularly to denote the country in which those villages are situated. Ilence the commerce of Crozat, by the terms of the patent, extended to the utmost limit of Lou-
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isiana in that quarter ; which, by the treaty of Utretcht in 1713, was fixed at the forty ninth degree. At this period the French had no competitors on the upper Mississippi; and therefore the Illinois river could not be intended as the northern boundary of Louisiana.
No doubt the commerce of Crozat was extended to the lands of the English of Carolina in consequence of the settlements made by the French about St. Augustine in 1562 ; and this is the more likely, as they always watch- ed for an opportunity of reviving and prosecuting their ancient claims. These settlements, at the end of five years from their commencement, fell into the hands of : the Spaniards, and no serious attempts were ever made by the French to recover them.
On the east side of the Mississippi, the Rio Perdido formed the boundary line between the French and Spani- ards ; and that the French had a legitimate claim to all the country between these two rivers, and actually pos- sessed it, the following facts will afford sufficient proof.
They explored the country about the mouth of the Mississippi in 1683, at which time the Spaniards had no settlements nearer to that place than St. Augustine. In . 1699, Ibberville, the first royal governor of Louisiana, planted a colony at the mouth of the Rio Perdido," where he built a fort, and mounted twelve pieces of cannon. In the year 1702, part of the colonists, together with the seat of government, were removed to Isle Dau- phin, situated at the entrance of the Mobile. - About the same period, settlements were formed up that ri- ver, and along the gulf to the westward ; from none of which were the French ever expelled. Isle Dauphin was the seat of government for about twenty years ; and when it was removed to New Orleans, a garrison remain- ed to protect the settlers on the coast and rivers, who were governed by the French authorities till the treaty of 1763 was carried into effect.
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'The first discoveries of the French about the mouth of the Mississippi, excited the fears of the Spaniards, and they conceived it good policy to erect some barriers a- gainst those whom they considered as intruders. For this purpose they founded Pensacola in 1696, three years be- fore the arrival of Ibberville. The entrance of the har- bor to this place, is about twelve miles to the eastward of the Perdido, and Pensacola is about sixty miles nearly in the same direction from Mobile. An appearance of harmony existed between the French and Spaniards for some years : Yet. their proximity gradually created mu- tual jealousies and fears ; and during the war of 1719, Pensacola changed, masters three times, and was at last reduced to a heap of ruins by the French. The truce of 1722, restored it to the Spaniards; and from this period the Perdido was considered by both of them as the boun- dary line; it was acquiesced in by both; the laws of Spain operated on one side, and those of France on the other.
. It is a circumstance of no small weight, that the Spa- niards were never in possession of any part of the terri- tory between the Mississippi and Perdido till they con- quered it from England during the time of the American revolution. The actual possession of this tract by the French for about seventy years, seems to fix the national boundary, just mentioned, on such a solid basis as not now to be called in question. These facts may be ad- duced as unanswerable arguments against any modern pretensions of Spain to a more extended claim. Several treaties were made subsequent to Crozat's grant in 1712, and the peace of 1722, and in none of them are the rights of France impaired.
It is therefore difficult to comprehend the ground of the assertion, that no part of West Florida is included in the cession. If the original discovery and settlement of it by- the French, the name of Louisiana given to it by them
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the recognition of it by the French monarchs, the estab- lishment of a colonial government, and the administrati- on of laws, the possession of it for about seventy years, and the acquiescence of Spain during the last half of that period, are not sufficient to vest an indisputable title in France, the territorial rights of nations are extremely precarious. The claims of Spain to West Florida, are without a precedent to sanction them; and they bid defi- ance to all those principles, which usually govern the con- duct of civilized nations. She retroceded the country- with the same extent it had when France possessed it. This stipulation effectually precludes every argument a- gainst the rights of. France, drawn from the conquest of West Florida during the American revolution; because these rights, though extinguished for a time, existed an- tecedently to the conquest; the conquest enabled Spain to restore them; and she actually did restore them under the solemn sanction of a treaty.
It will be proper in this place to notice, in a cursory manner, the several treaties, which apparently have a bearing on the question of title, particularly on that now under consideration. - Our claims in other quarters must be decided on different principles; no treaties appear to confirma or to oppose them.
England, France, and Spain, were parties to the treaty of 1763, and all signed it. France by that treaty ceded and guaranteed to England, in full right, the river and port of Mobile, and every thing she possessed, or ought to possess, on the east side of the Mississippi, except the island of Orleans. And Spain by the same treaty, ceded and guaranteed Florida, with St. Augustine and the bay of Pensacola, in full right to England. The island of Orleans, and the remainder of Louisiana, was ceded by France to Spain the year before.
- Spain therefore admitted the right of France to the Mobile, and to all the country between that river and the
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EXTENT AND BOUNDARIES.
Mississippi. And France admitted the right of Spain to l'ensacola, and to that part of Florida to the eastward of it.
No part of the country between Mobile and Pensacola appears to be included in this treaty. If those two> powers at that period disagreed as to the boundary line between their respective possessions, it ought now to be adjusted on known and acknowledged principles. Who first dis- covered and settled it? This question has been already sufficiently discussed.
Spain seizes with avidity on the apparently doubtful phraseology of the stipulation contained in the treaty of St. Idelfonso of 1800. She contends that the word ." re- trocede" obliges her to restore no more of Louisiana than she actually received from France under the secret treaty of 1762; and she likewise maintains, that this was the true intent and meaning of the parties. This construction would be admissible, were it not opposed by other words and expressions in the same treaty, and it is a good rule to interpret an ambiguous instrument, by a strict compa- rison of its several members or clauses, though in such a manner as to operate the most strongly against the party making the grant. That treaty retrocedes Louisiana with the same extent " it actually has in the hands of Spain," and " that it had when France possessed it." What was the extent of it in 1800 ? Spain was at that time the rightful proprietor of West Florida, which was anteced- ently part of Louisiana, and ceded to England by the treaty of 1763 ; and although' this cession extinguished the name, there was no subduction of the territory ; it still remains identically and substantially the same, and is at this time possessed by Spain. What was the extent of Lous.ana when France possessed it? This question as it respects West Florida has been already answered. If there be any ambiguity in the retrocession, it will doubtless be
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amply investigated by the constituted authorities of the union,
The boundaries of Louisiana to the westward of Red ·river are much less defined, and enveloped in more ob- scurity ; yet, we are not wholly destitute of lights on the subject, and an attempt will be made to place them in a proper point of view.
It is a fundamental maxim of Spain, " that the national " domain lands are those, not only in the actual enjoyment " of the nation, but also those on which the nation has a "'right to re-enter ;" or, in other words, a nation is never ousted of its rights by lapse of time, and a claim once good is never extinguished, except by regular transfer, or the imperious results of war. On this principle the ques- tion of title, between France and Spain, to the country on the west side of Red river, must be decided. 'To form : a correct decision, priority of discovery and settlement must be stated and considered ; and to illustrate these facts, it will be necessary to recur to such traits in the early history of Louisiana, as appear to bear on the points under discussion.
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