USA > Louisiana > Sketches, historical and descriptive, of Louisiana > Part 12
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The right of discovery, to be perfect, must be fol- lowed by acts of sovereignty ; and settlement is one of those acts. Perhaps, according to the latter part of this definition, the rights of France and Spain to the coun- try on the west side of Red river, were imperfect for many years, and nearly of equal validity ; therefore the imperfect right of discovery; must necessarily decide the question.
The French under M. de la Salle, landed, built a fort, and formed a settlement in 1685, on the west side of the bay of S .. Bernard, and at the same time took possession of the country with the usual formalities : Th. y explored it to the westward, and more particularly to the north :- ward, of that place ; What they did was sufficient to vest
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a complete title in France, unless Spain had acquired a prior one .* The eventual destruction of the French by the Indians did not weaken the claim of Louis the four. teenth; and accordingly, we find that, in his patent to Crozat, he expressly extends the boundaries of Louisiana to old and new Mexico on the west. The fact is, that old and new Mexico never included any part of the coun- try to the eastward of the rio Bravo; and certain it is, that the Spaniards in the days of Crozat had not approach- ed that river; their nearest settlement to it was about one hundred and fifty miles to the westward of it. This was undoubtedly known to the French monarch: Iis ob- ject was to , embrace the discoveries made by M. de la Salle; and the boundaries he prescribed were grounded on the rights usually admitted as valid among civilized nations, particularly where there is no prior discovery.
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The first time the Spaniards appeared on the west bank .of the rio Bravo was in 1714, where they built a fortress called St. John Baptist; and so anxious were they to ob- literate the title of the French, that they created a pro- vince without inhabitants on the east side of that river, , and called it Texas.
The news of this proceeding soon reached the capital at Isle Dauphin. M. de la Motte, the governor ot Lou- isiana, to prevent any encroachments of the Spaniards, directed M. de St. Dennis, with thirty men, to repair to Nachitoches on Red river. On his arrival at that place, ` not finding or hearing of any Spaniards, he advanced over- land with part of his detachment to the rio Bravo, on the
. Baron Humboldt asserts, on what authority is not known, that M. de la Salle, on disembarking in the bay of St. Bernard, found Spani- ards at that time among the Indians, whom he endeavored to combat. But Father Anastasius, who accompamed M. de la Salle from France to the bay of St. Bernard, where he resided more than two years, makes no mention of this fact in his journal ; and his silence on a subject of this nature, may be adduced as almost conclusive evidence of the er- ror, into which the learned baron has been led.
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west bank of which he found a mission of Franciscans, and the Spanish presidio, or out post already mentioned.
To maintain possession of the country, and to secure. the friendship of the Indians, the French immediately erected a garrison on the Sabine, about one hundred and fifty miles north west of Nachitoches, which was nevet troubled by the Spaniards. They likewise at the same time planted themselves among a nation of Indians, cal- led the Assinais, situated about thirty miles to the west-, ward of the present village of Nacogdoches, or about one hundred and forty miles to the westward of Red river, where they erected a fort. The perfidious deceit practi- sed by the Spaniards in 1717, to expel the French from this place, and to secure it for themselves, has been de- tailed in the historical part of this work ; from which no just title can be deduced by Spain. The French never ac, quiesced in this wrong; and their weakness at that and subsequent periods, alone prevented a successful reclama- tion of their rights. A fraudulent possession, obtained in time of peace, and in violation of mutual agreements, can never be converted into a just one, and be legitimat- ed among sovereign states.
It is particularly worthy of remark, that the Spaniards never appeared on the east side of the rio Bravo, till they were conducted to the Assinais by M. de St. Dennis, as has been related in another place. , This event enabled them to disperse small missions (generally attended by two or more soldiers) among the Indian tribes, situated between that river and Nacogdoches. In the year 1720, - they formed an establishment at the Adaize, about fifteen miles to the westward of Nachitoches, from which they were more than once driven by the French.
The numerous difficulties experienced by the French,. did not discourage them. In 1719, M. de la Harp as- cended Rod river with a body of troops, and built a gar- . rison among the Caddoques, in about thirty three degrees
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fifty five minutes north latitude, and about four hundred miles above Nachitoches. This establishment was main- tained, «ven without interruption, till Louisiana passed into the hands of the Spaniards. M. Beranger at the same time attempted to form a settlement in the bay of St. Bernard, where he erected a small garrison in twenty seven degrees forty five minutes north latitude, and three hundred and ninety miles to the westward of the mouth of the Mississippi, which was eventually destroyed by the Indians. M. de la Harp made a similar attempt in 1721, and with no better success.
These are some of the most material facts, on which rests the question of title to the country on the west side of Red river. It appears, that the French, more than thirty years before the arrival of the Spaniards in this. quarter, formed a settlement, and built a garrison, on the sea coast; that, antecedently to such arrival, they explor- ed the inland country, and took possession of it with the u- sual formalities, and made three establishments in the very. . heart of it; one at Nachitoches, a second near the source of the Sabine, a third at the Assanais; and soon after- wards, another high up on Red river. " These facts must be admitted by the Spaniards ; and all they have to oppose to them is, the continued possession of the country" (acquired in the manner already stated) between the rio Bravo and Nachitoches, subsequently to the year 1717; during which time the French maintained their garrisons and settlements on the Sabine and Red river. If priori- ty of discovery, followed b partial settlement, and other acts of sovereignty, such as making treaties with the In- dian tribes, furnish a legitimate claim, the title of the French is not susceptible of much dispute : They were not deprived of their rights by the results of war, but by premeditated fraud ; and they can with justice appeal to the Spanish maxim, that the national domain lands are those on which the nation has a right to re-enter.
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- It will be necessary to notice two other points, though of minor importance, because they have excited some dispute. The Spaniards contend that the rio Hondo is the utmost western limit of Louisiana; and that the Bavou Pierre was never within the jurisdiction of the French.
It is highly probable that the Spanish and French com- mandants at the Adaize. and Nachitoches, agreed on' the rio Hondo as the temporary boundary between them, and that the troops of both were restrained from passing it. This was merely intended to prevent those accidents, which often occur when the troops of different nations (between whom no permanent friendship exists) are suf- fered to visit the garrisons of each other. The rio Hon- do is nothing more than a deep gully or ravine, over which passes the road leading to the S .: bine, about five miles to the westward of Nachitoches. For some distance both above and below the road, it is generally dry, except in wet seasons, when it receives the water from the cir- cumjacent hills, and conveys it into a small lake, which communicates with Red river, about two miles below Nachitoches. This gully or ravine heads in the hills near the road; and the whole distance from its source to where it joins Red river, does not exceed eight miles. It would . be preposterous to suppose, that this diminutive object forms the boundary line between two extensive provin- ces or empires. Besides, the temporary stipulation of two subalterns was incapable of binding either nation ; and even during the existence of this stipulation, the French maintained their garrisons on Red river and the Sabine.
'The Spaniards are still more unfortunate in their claims to Bayou Pierre. The geo ; raphical position of this place deserves particular notice, because it is little understood. Just below the great raft, a portion of the water of Red river breaks over its right bank, forming a considerable
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branch, which meanders through the country till it joins that river again about ten miles above Nachitoches. The Bayou Pierre flows into this branch about sixty miles above the junction just mentioned. The Yattassee Indi- ans formerly lived in this quarter, and they were visited by Biainville in 1700. The French formed settlements here as early as the year 1730; and they owed their ori- gin to M. Verge, who established a trading house on Yat- tasee point, under an exclusive privilege granted him by the governor of Louisiana, and who for many years mo- nopolized the trade of the neighbouring Indians. The inhabitants are not numerous, but they are ,wholly of French descent. 'All their land titles of a date prior to the accession of the Spanish authorities in 1769, were de- rived from the successive governors of Louisiana.
It is a fact now well known, that a warm dispute took place at New Orleans between the French and Spanish commissioners relative to the boundaries of Louisiana. The former contended that the rio Bravo was the western limit; while the latter declared himself bound by his in- structions, which restricted him to the delivery of the country on the east side of the Sabine. During this dis- pute it was, ascertained that Louisiana was ceded to the United States, when all arrangements between them ceas- ed of course. It is worthy of remark, that the Sabine is known in geography by two other names, Mexicana, and Adaize ; and that it is universally said to be a river of Louisiana.
Considerable light is thrown on the subject of bounda- ries by the Spanish and French maps.
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In the year 1799, the gulf of Mexico was accurately sur- veyed, and a chart made of it, by the order of the king of Spain. This chart embraces the whole sea coast be- tween the eighteenth degree of north latitude, and the ri- ver St. Mary's in Georgia, as also twelve degrees of lon- gitude; together with all the soundings and islands. It
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is applicable to our present purpose in one particular only ; it seems to represent the Sabine as the western limit of Louisiana.
.Du Pratz resided in Louisiana from 1718 to 1734, du -: ring which time he held an office under the crown. In 1758, he published a large work, embracing the civil and. natural history of that country, and accompanied it with .. a map. An epitome of it was soon afterwards translated from the French, and published in England. This map. includes the whole of what we call West Florida, and likewise the whole of the gulf westward to the mouth of the rio Bravo, which is laid down by the Spaniards in twenty five degrees fifty three minutes north latitude, and by the English in twenty six degrees eight minutes north latitude; the line then extends up the easterly or left bank of that river, to a remarkable bend in it, in about twenty nine degrees twenty five minutes north latitude, near to which is the southern extremity of the Mexican moun- tains; it here leaves the river, diverges a little to the right, and runs along to the north west, on the summit of these mountains, till it terminates in the forty sixth degree of north latitude. It must not be forgotten that the Color- ado, Trinity, R.d river, Arkansas, Kansas, P' atte, and some other large rivers, have their sources in these mountains.
All the French, and even some of the Spanish geogra- phers, delineate the same boundaries to the west. In the atlas published in 1753, by the Prussian royal academy of sciences, the same boundaries are represented.
Part of the claim of the French, as mentioned in the patent to Crozat, extended to " all the countries, territo- " ries, lakes within land, and the rivers, which fall direct- " ly, or indirectly" into the Mississippi. Little need be said on this point, as the Spaniards seem not much dis- posed to extend their claims to the eastward of any part of Red river, or the Mexican mountains; nor indeed do they appear very anxious to possess any part of the coun-
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try to the eastward of the Sabine. The French for more than eighty years 'almost exclusively possessed the navi- gation of all the western branches of the Mississippi and Missouri, and ascended many of them to their sources ; made permanent establishments and granted lands on some, and exercised a civil and military jurisdiction on all. The Spaniards never even attempted to molest them on any of these rivers, except in one instance in 1720, when they perished by the hands of the savages. Hence the probality is strong, that they considered the Mexican mountains, or the sources of the rivers in them, as the western limit of Louisiana; and one fact, among a multi- tude of others, may be adduced in support of this idea.
While Louisiana was in the hands of France, some of the French traders from the upper Mississippi, transport- ed a quantity of merchandise, by way of the Arkansas, to the Mexican mountains, where they erected a tempo- rary store, and opened a trade with the Indians, and like- wise with the Spaniards of north Mexico. The Spanish traders at or near Santa Fe, deeming this an infringement of their privileged rights, procured the imprisonment of the Mississippi adventurers, and the seizure of their ef- fects; and demanded punishment and confiscation. The cause was ultimately decided at the Havanna. The pri- soners were liberated, and their property restored, on the ground, that the store in question (situated on the east «ide `of the summit of the mountains, and below the source of the Arkansas) was within the boundaries of Louisiana: One of the persons concerned in this trans- action is now living, from whom were obtained the seve- ral circumstances attending it.
No doubt there are other facts, known to some, expla- natory of the western limits of Louisiana. Those of the most importance, which the industry of the author has enabled him to obtain, are now detailed, and the deduc- tion they afford will be lett to the sagacity of the reader.
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It may be proper, however, to repeat here, what has been before suggested, that the imperfect right of discovery, is, in all cases, paramount to that of a fraudulent possessi- - on. If such discovery be followed by settlement, or o- ther act of sovereignty, the right becomes absolute, and cannot be extinguished, except by conquest, a regular - transfer, or voluntary abandonment.
If the claims of France are sufficiently supported, Lou- isiana bounds thus : South on the gulf of Mexico; west, partly on the rio Bravo, and partly on the Mexican moun- tains; north and north west, partly on the shining moun- tains, and partly on Canada; east on the Mississippi from its source to the thirty first degree; thence extending east on the line of demarcation to the rio Perdido; thence down that river to the gulf of Mexico.
The boundaries of Louisiana to the north and north west, are not defined. . To what point they will ultimate- ly be sustained from the source of the Mississippi, seems to admit of doubt. If the treaty of Utrecht in 1713, or the more recent one of 1763, or even both, be assumed as the basis of decision, numerous difficulties will present themselves. The discoveries and settlements of a more recent date can have no bearing on the question. Till the conclusion of the latter treaty, the French were in posses- sion of both Canada and Louisiana; and these provinces were wrested from them at the same time. As their dis- coveries 'and trade at that day were limited to the great lakes, and to the source of the Mississippi, on the one hand ; and on the other to the Mandans on the Missouri, there seems to be an extensive territory calculated to ex- cite conflicting claims. At any rate, it is presumed, that no part of the country washed, by either of those rivers, or by their tributary streams, will ever be relinquished by the United States.
As these boundaries are undefined, it will be difficult to estimate the quantity of land in Louisiana with any
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degree of accuracy. If however, we assume as a datum, a line drawn from the source of the Mississippi in forty seven degrees, forty two minutes and forty seconds, north latitude, to where the Missouri leaves the shining moun- tains in nearly the same latitude, we may form some rea- sonable conjectures on the subject. From this extreme point, to the mouth of the Mississippi, on a straight line, is two thousand and five miles. The breadth is less cer- tain. The abbe Raynal calculates it at six hundred miles. But the distance from St. Louis on the Mississippi to the summit of the Mexican mountains, has been determined by pretty accurate observation, to be about six hundred and fif- ty two miles, and this is believed to be nearly the average breadth of Louisiana.'If these data be correct, the bounda- ries we have described, embrace one million, three hundred and seven thousand, two hundred and sixty square miles ; or eight hundred thirty six millions, six hundred forty six thousand, four hundred acres! This estimitte may stagger the belief of some; but if they will take the trou- ble to examine the geographical features of Louisiana, and to reflect on the great length of its numerous rivers, their doubts on the subject will vanish.
Before we conclude, it may be of use to remark, that the shining mountains, and Mexican mountains, though often confounded, are in a great measure distinct. The former are the Andes of South America. The latter com- mence some distance to the northward of. the gulf, and near to the left bank of the rio Bravo, and extend in a. north westerly direction, a little to the eastward of Santo Fe, till they intersect the former. They are probably branches or spurs of the shining mountains; and indeed, most of the mountains in new Mexico appear to be con- nected with that great chain or spine of the western part of our continent.
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CHAPTER IV.
NEW. ORLEANS. THE DELTA.
THE French began to build New Orleans in 1720, and two years afterwards it became the seat of govern- ment.
. This city, the great mart of all the wealth of the western world, is situated on the east bank of the Mississippi, a- bout one hundred and nine miles (following the meanders of the river) from the sea, and in twenty nine degrees, fifty seven minutes, twenty seven seconds, north latitude, and ninety degrees, seventeen minutes, thirty seven se- conds, west longitude. At the time it fell into our hands, it contained about one thousand houses, and eight thou- sand inhabitants, including blacks and people of color.
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Six complete squares are embraced by the city. The fronts of these are three hundred and nineteen Eng- lish feet in length, and extend north, thirty two degrees east, and south, thirty two degrees west, and are intersect- ed by twelve streets at right angles. Each square is di- vided into twelve lots. Five of them measure sixty by one hundred and twenty feet. On the opposite side are two ' key lots, which measure sixty by one hundred and fifty feet. The streets are thirty seven feet and a half in width. On the back part of the city are two narrow rows of build- . ings, converging to a point.
The ground plot of the city may be considered as a plain, inclining north west two points west. . It has a des- cent of about six feet from the bank of the river to the palisades in the rear of the buildings, and about three feet more to St. John's creek at its medium height. The lands in all the low country, gradually descend from the river, and soon terminate in lakes or swamps.
Nearly the whole of the old houses are of wood, one story high, and make an ordinary appearance. The su- burbs on the upper or north end of the city, have been built since the fire in 1794, and contain about two hundred and fifteen houses, mostly composed of cypress wood, and generally covered with shingles or clapboards. A- mong them is one elegant brick house covered with tile. Several of them are two stories high, and two in the same quarter three stories high. One of them cost eigh- ty thousand dollars, and the rest from fifteen to twenty thousand dollars. They are plastered on the outside with white or colored mortar; this, as frosts are seldom se- vere in the climate, lasts many years; it beautifies the buildings, and preserves the bricks, which, from the neg- ligence or parsimony of the manufacturers, are usually too soft to resist the weather.
In New Orleans, as in all other parts of the low coun- try, the houses have no cellars under ground; water is
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generally found within two or three feet of the surface, especially in wet seasons. The wells rarely exceed fifteen feet in depth. The water in them is clear, free from salt, but unpleasant to the taste.
The following are the public buildings ; the cathedral, the town house, the prison, the barracks, the hospital, the convent and church, the charity hospital and church, the government house and stores, and some other's of inferior note, which will be cursorily mentioned.
The cathedral stands at the head of a spacious open square, about four hundred feet from the river. This building is of brick, extending about ninety feet on the street, and one hundred and twenty back of it. The roof is covered with flat and hollow tile, supported by ten large brick columns, which are plastered, and afford an agreta- ble appearance. Each front corner has a tower consider- ably elevated, and the southerly one contains two small bells. This church has likewise a small organ, but on the whole is much less decorated than other catholic pla- ces of worship. It was governed by a bishop, two ca- nons, one grand vicar, one parish priest, and four subor- dinate priests. Considerable funds in houses appertain to it. 'The bishop received an annual salary of four thousand dollars, charged on the revenues of some southern bishop- ric ; the canons about seven hundred and twenty dollars, and the other priests about three hundred and sixty dollars each, exclusive o> casual benefits arising from marriages, burials, and the like. There were likewise a few capouchins, and friars of the order of carmelites, who were paid by the crown.
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The town house is rather an elegant building, two sto- ries high, and about ninety feet long, with an arched por- tico, both above and below, along its whole freut. The upper arches are glazed, which adds much to the beauty of the structure. The Spaniards occupied one part of the ground story as a guard house, and permitted a notary
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to occupy the the other as an office. The upper story was appropriated to the use of the cabildo.
In the rear of the town house, and adjoining'to it, is the prison. Under the Spanish government it was a wretched receptacle of vice and misery; like the grave it received many tenents, who were soon forgotten by the world : Some of them perished with age and disease, and others by the hands of assassins. Criminals, under sen- tence of death, were often kept immured within its walls for years; owing either to the tardiness or lenity of the tribunal at the Havanna, without whose approval no sen- tence of death could be carried into execution.
The public barracks are situated at the lower end of the front street. They are accommodated with a spaci- 'ous area, surrounded by a brick wall, as also an extensive- parade ground between them and the river. The build- ings are of brick, and one story high, covered with shin- gles, and calculated to receive about fifteen hundred men. They were built by the French, and have a spacious ar- cade in front and rear.
The building denominated the king's hospital, is on the same line, but higher up. It was originally intended as a receptacle for the sick and diseased belonging to the army and navy. It will accommodate about one hundred and fifty patients, and affords to the miserable :a tolerable asylum. :
The convent of the Ursuline nuns is situated on the up- per side of the barracks, and beyond the hospital, which stands nearer the line of the street. This was likewise built by the French: It is of brick, and spacious; covered with shingles, and two stories high. An extensive garden is at- tached to. it, extremely productive of fruit and vegetables. It will accommodate about fifty nuns, and from seventy to eighty young females, who resort to it for their education. Aunched to the convent is a small house containing three rooms, divided longitudinally from each other by double
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