USA > Louisiana > Sketches, historical and descriptive, of Louisiana > Part 9
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nor Gayoso in June 1796, to a confidential friend, which has lately come to light. He was persuaded from many and powerful reasons, that it would never be carried into effect. He alleged that, at the time the treaty was sign- ed, the affairs of Europe rendered the neutrality of the United States of the greatest importance to Spain, parti- cularly as it had a tendency to destroy a plan in agitation to renew a destructive war. According to him, the ob- ject of Great Britain, in her treaty with the United States, about this period, was to attach them to her in- terests, and even to render them dependent on her, and therefore, the Spanish treaty of limits was made to coun- terbalance it; but as Great Britain had totally failed in her object, it was not the policy of Spain to regard her stipulations. Besides, it was expected, that several states would separate from the union, which would ab- solve Spain from her engagements ; because, as her con- tract was made with the union, it would be no longer ob- ligatory than while that union lasted : That Spain, con- trary to her expectations, was not likely to derive any advantages from the treaty, and that her views and po- licy would be changed, particularly if an alteration took place in the political existence of the United States. Hle therefore concluded, that, all things considered, no- thing more would result from the treaty than the free navigation of the Mississippi. These are some of the reasons urged by governor Gayoso against the fulfilment of mutual stipulations. They fully account for the obsta- - cles thrown in the way of the demarcation of the boun- dary line, and likewise explain the objects of the several secret missions of a Spanish emissary to the territories of the United States on the western waters.
During the period of these local transactions, the con- Ricts in Europe began to trouble the repose of the United States. The belligerents paid little or no regard to the
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rights of neutrals, and prostrated them on the ocean. The privateers and armed ships of Spain, regardless of trea- ties, committed numerous and destructive spoliations on our commerce. That power most likely again contem- plated the separation of the western people from the uni- on; and there is but too much reason to believe, that its friends and agents in that quarter represented such a re- volution as among probable events.
The Spaniards did not limit their outrages to our pro- perty on the ocean; they even denied us the right of de- posit at New Orleans, and manifested a disposition to re- vive their former occlusions in their utmost extent. This produced a strong ferment in the public mind. The go- vernment remonstrated, but without any advantageous ef- fect. This conduct was deemed the more culpable on the part of Spain, as she had just before agreed to allow us the free navigation of the Mississippi, and stipulated for the admission and deposit of our produce at New Or- leans. A.convincing proof was now exhibited, that no faith was to be reposed in the engagements of that power, and that something more substantial than treaty stipulati- ons was necessary to ensure the enjoyment of our rights. The injury inflicted by these last restrictions was the more severely felt by the western states and territories, as their population and industry had greatly accumulated within a short period.
President Adams had been no stranger to the pernici- ous intrigues of foreign nations on our interior waters ; and he readily perceived that, if justice was suffered to sleep, the same intrigues would be revived, and perhaps with more eff ct. As the arts of negociation had been exhausted to no purpose, he concerted a plan of redress, not less bold in conception, than difficult, and even deli- cate, in execution. Nothing less than the acquisition of New Orleans appeared to him in the least calculated to
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indemnify the United States for the losses they had sus- tained, and to appease the fears and inquietudes of the western people .*
The success of this enterprize almost wholly depend- ed on conducting it in such a way, as not to awaken the suspicions of Spain ; and happily our dispute with France served as a cover to the real design. The depredations committed on our commerce by that power, and the re- jection of our ministers, excited a spirit of resentment in the public mind, and incredible efforts were made to . inflame it. Hence twelve regiments were added to the . army in 1799, which engaged to serve during the exist- ing differences between the United States and the French republic.
When this additional army was nearly ready for the field, three of the old regiments, then stationed on the western waters, were ordered to assume a position near the mouth of the Ohio, and to keep their boats in constant repair for service. The intention was that, with the ap- probation of congress, these regiments should descend the Mississippi, and seize on New Orleans. The new le- vies were to march from the Atlantic states about the same time; and it was conceived probable, that they would be able to join their companions before the arrival of any Spanish troops in the country. It was expected that a successful expedition of this nature would induce Spain to accede to such terms as the United States were disposed to prescribe.
* As this portion of history may probably be new to most readers, it seems necessary to state, that the Author derived it from the late General Knox. This Gentleman was appointed a major-general on the new establishment; but considerations of a personal nature induced him to decline the service. It was understood, however, that he was well acquainted with the military views of our government at that period.
गर्मी
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.This plan of operations was well concerted, and must have succeeded if attempts had been made to carry it into effect. But the certainty of a change in the presidency, which took place soon after, induced Mr. Adams to recommend the dissolution of the twelve . regiments and they were accordingly disbanded in the summer of 1800.
Mr. Jefferson, on his accession to the presidency in 1801, reiterated to Spain the infractions of the treaty,' and demanded redress. She restored to us the right of deposit, but no longer claimed Louisiana as her own. On the first of October 1800, she entered into a conditional. agreement to retrocede that colony to the French repub- lic; and this retrocession actually took place by treaty on the twenty first of March 1801. The French made pre- parations to take possession of Louisiana, and an army of twenty five thousand men was designed for that country ; but the fleet and army were suddenly blockaded in one of the ports of Holland by an English squadron.
This unexpected occurrence, joined to the gloomy as- pect of affairs in Europe, and the want of funds to carry
- on a complicated war, induced the French republic to cede Louisiana to the United States, by treaty bearing date the thirtieth of April 1803. The Spanish authorities early in December of the same year, delivered possession of Lower Louisiana to M. Laussat, the French commissi- oner, and it was by him duly transferred on the twentieth of the same month, to the commissioners of the United States, governor Claiborne, and general Wilkinson. The author of these sketches was the constituted agent of the French republic in Upper Louisiana, and in her name re- ceived possession of that province on the ninth day of March 1804, and the next day transferred it to the Uni- ted States.
Congress took an early opportunity to provide for the temporary administration of justice in Louisiana. An act
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was passed, vesting all the military, civil, and judicial powers, exercised by the Spanish authorities, in such per- son or persons, and to be exercised in such manner, as the president of the United States should direct. His excel- lency William C. C. Claiborne was appointed governor . and . intendant general of Louisiana; and the author of these sketches was appointed first civil commandant of Upper Louisiana, and legally commissioned to exercise the powers and prerogatives of the Spanish lieutenant governor of that province. On taking possession, he deemed it adviseable to publish the following circular ad- dress to the inhabitants : -
" The period has now arrived, when, in conse- quence of amicable negociations, Louisiana is in the posses-' sion of the United States. The plan of a permanent ter- ritorial government for you, is already under the conside- ration of congress, and will doubtless be completed as soon as the importance of the measure will admit. But, in the mean time, to secure your rights, and to prevent a delay of justice, his excellency William C. C. Claiborne, governor of the Mississippi territory, is invested with those authorities and powers (derived from an act of con- gress) usually exercised by the governor and intendant . general under his catholic majesty; and permit me to add that, by virtue of the authority and power vested in him by the president of the United States, he has been pleased to commission me as first civil commandant of Upper Louisiana.
" Directed to cultivate friendship and harmony among you, and to make known the sentiments of the United States relative to the security and preservation of all your rights, both civil and religious, I know of no mode better calcu- lated to begin the salutary work, than a circular address.
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" It will not be necessary to advert to the various pre- liminary arrangements, which have conspired to place you in your present political situation; with these it is presum- ed you are already acquainted. Suffice it to observe, that Spain in 1800, and in 1801, retroceded the colony and province of Louisiana to France; and that France in 1803, conveyed the same territory to the United States, who are now in the peaceable and legal possession of it. These transfers were made with honorable views, and un- der such forms and sanctions as are usually practised among civilized nations.
" Thus you will perceive, that you are divested of the the character of subjects, and clothed with that of citi- "zens. You now form an integral part of a great commu- nity, the powers of whose government are circumscribed and defined by charter, and the liberty of the citizen ex -. tended and secured. Between this government and its ci- tizens, many reciprocal duties exist, and the prompt and regular performance of them is necessary to the safety and welfare of the whole. No one can plead exemption from these duties; they are equally obligatory on the rich and the poor; on men in power, as well as on those not intrusted with it : They are not prescribed as whim and caprice may dictate; on the contrary, they result from the actual or implied compact between society and its members, and are founded not only on the sober lessons of . experience, but in the immutable nature of things. If". therefore the government be bound to protect its citizens in the enjoyment of their liberty, property, and religion, - the citizens are no less bound to obey the laws, and to aid the magistrate in the execution of them ; to repel inva- sion, and in periods of public danger, to yield a portion of their time and exertions in defence of public liberty. In governments differently constituted, where popular e-
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lections are unknown, and where the exercise of power is Confided to those of high birth, and great wealth, the pub- lic defence is committed to men who make the science of war an exclusive trade and profession ; but in all free re- publics, where the citizens are capacitated to elect, and to be elected, into offices of emolument and dignity, perma- · nent armies of any considerable extent are justly deemed hostile to liberty ; and therefore the militia is considered as the palladium of their safety. Hence the origin of this maxim, that every soldier is a citizen, and every citizen a soldier.
." With these general principles before you, it is confi- dently expected, that you will not be less faithful to the United States, than you have been to his catholic ma4 jesty.
"'s"Your local situation, the varieties in your language and education, have contributed to render your manners, laws, and customs, and even your prejudices, somewhat different from those of your neighbors, but not less fa- vorable to virtue, and to good order in society, These deserve something more than mere indulgence; they shall be respected.
" If, in the course of former time, the people on diffe- rent sides of the Mississippi, fostered national prejudices and antipathies against each other, suffer not these cankers of human happiness any longer to disturb your repose, or - to awaken your resentment; draw the veil of oblivion o- ver the past, and unite in pleasing anticipations of the fu- ture; embrace each other as brethren of the same mighty family, and think not, that any member of it can derive happiness from the misery or degradation of another.
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" Little will the authority and example of the best magistrates avail, when the public mind becomes tainted with perverse sentiments, or languishes under an indiffer- ence to its true interests. Suffer not the pride of virtue, nor the holy fire of religion to become extinct. If these be different in their nature, they are necessary supports to 'each other. Cherish the sentiments of order and tran- quillity, and frown on the disturbers of the public peace. Avoid as much as possible all legal contests; banish village vexation, and unite in the cultivation of the social and moral affections.
'Admitted as you are into the embraces of a wise and magnanimous nation, patriotism will gradually warm your breasts, and stamp its features on your future actions. To be useful, it must be enlightened; not the effect of passion, local prejudice, or blind impulse. Happy the people, who possess invaluable rights, and know how to exercise them to the best advantage; wretched are those, who do not think and act freely. It is a sure test of wis- dom to honor and support the government under which you live, and to acquiesce in the decisions of the public will, when they be constitutionally expressed. Confide therefore in the justice and integrity of our federal presi- dent; he is the faithful guardian of the laws; he enter- taitis the most beneficent views relative to the glory and happiness of this territory ; and the merit derived from the acquisition of Louisiana, without any other, will perpetuate his fame to posterity. Place equal confidence in all the other constituted authorities of the union. They will protect your rights, and indeed your feelings, and all the tender felicities and sympathies, so dear to rational 'and intelligent creatures. AA very short experience of their equitable and pacific policy, will enable you to view them in their proper light. I flatter myself that you will give
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their measures a fair trial, and not precipitate yourselves into conclusions, which you may afterwards see cause to retract. The first official acts of my present station, au- thorized by high authority, will confirm these remarks.
" The United States, in the acquisition of Louisiana, were actuated by just and liberal views. Hence the ad- mission of an article in the treaty of cession, the substance of which is, that the inhabitants of the ceded territory shall be incorporated into the union, and admitted as soon as possible to the enjoyment of all the rights, advantages and immunities of citizens of the United States ; and, in the mean time, be maintained and protected in the free enjoyment of their liberty, property, and religion. -
"From these cursory hints you will be enabled to comprehend your present political situation, and to anti. cipate the future destinies of your country. You may soon expect the establishment of a territorial govern- ment, administered by men of wisdom and integrity, whose salaries will be paid out of the treasury of the United States. From your present population, and the rapidity of its increase, this territorial establishment . must soon be succeeded by your admission as a state in- to the Federal Union. At that period, you will be at li- berty to try an experiment in legislation, and to frame such a government as may best comport with your local interests, manners, and customs ; popular suffrage will be its basis. The enaction of laws, and the appoint- ment of judges to expound them, and to carry them into effect, are among the first privileges of organized society. Equal to these, indeed, and connected with them, is the inestimable right of trial by jury. The forms of judi- cial processes, and the rules for the admission of testi- mony in courts of justice, when firmly established, are of great and obvious advantage to the people. It is also
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of importance, that a distinction be made between trials of a capital nature, and those of an inferior degree, as likewise between all criminal and civil contestations. In fine, Upper Louisiana, from its climate, population, soil, and productions, and from other natural advantages attached to it, will, in all human probability, soon become a star of no inconsiderable magnitude in the American constellation.
" Be assured that the United States feel all the ardor for your interests, which a warm attachment can inspire. I have reason to believe that it will be among some of their first objects, to ascertain and confirm your land titles. They well know the deranged state of these titles, and of the existence of a multitude of equitable claims under le- gal surveys, where no grants or concessions have been procured. What ultimate measures will be taken on this subject, does not become me to conjecture ; but thus much I will venture to affirm, that the most ample justice will be done ; and that, in the final adjustment of claims, no settler or landholder will have any just cause to complain. Claimants of this description have hitherto invariably ex-' perienced the liberality of government; and surely it will not be less liberal to the citizens of Upper Louisiana, who form a strong cordon across an exposed frontier of a vast empire, and are entitled by solemn stipulations to all the rights and immunities of freemen.
" My duty, not more indeed than my inclination, urges me to cultivate friendship and harmony among you, and and between you and the United States. . I suspect my talents to be unequal to the duties which devolve on me in the organization and temporary administration of the go- vernment; the want o! a proper knowledge of your laws and language, is among the difficulties I have to encounter, But my ambition and exertions bear some proportion to
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the honor conferred on me ; and the heavy responsibility attached to my office, admonishes me to be prudent and circumspect. Inflexible justice and impartiality shall guide me in all my determinations. If, however, in the dis- charge of a variety of complicated duties, almost wholly prescribed by the civil law and the code of the Indies, I be led into error, consider it as involuntary, and not as the effect of inattention, or of any exclusive favors or affections. Des- tined to be the temporary guardian of the rights and li- berties of at least ten thousand people, I may not be able to gratify the just expectations of all ; but vour prosperity and happiness will claim all my time and talents ; and no earthly enjoyment could be more complete, than that de- rived from your public and individual security, and from the increase of your opulence and power."
SKETCHES OF LOUISIANA.
CHAPTER II.
OF THE FLORIDAS.
THE proximity of the Floridas to the United States, and our claim to no inconsiderable portion of them, ren- der some account of them of the greatest importance at this time. It must be confessed, however, that the sub- ject is barren of materials. That extensive country, nearly destitute of roads, and most parts of it equally destitute of inhabitants, offers no allurements to men of enterprise ; it is not calculated to reward the trouble and expense of itinerant excursions, nor to gratify the curiosity of the speculative philosopher. Its isolated position, and want of commerce, have likewise contributed to conceal it from the eye of observation, and to render it almost as little known at the present day, as it was two hundred years ago.
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While the French were in possession of Louisiana, all that part of Florida, between the Perdido and Mississippi, was included in that province. The remainder was in the possession of the Spaniards, and extended along the gulf and Atlantic coast from the Perdido to the claims of the English on the north of them. West Florida owes its name to the English government ; and when this province was created, the name of Louisiana became extinct in `that quarter.
Antecedent to 1763, while the Spaniards were in pos- session of what is now called East Florida, a dispute was long maintained relative to the boundaries between them, and the then British colonies. As early as 1604, attempts were made, without effect, to adjust the preten- sions of the two powers in America. These attempts were revived in 1670; and as neither party was disposed to yield its pretensions, it was finally stipulated, that the English should continue to occupy what they then posses- sed. This by no means served to compose the differen- ces ; for the southern limits of Carolina according to the second charter of Charles the second, extended to the twenty ninth degree of north latitude, which included the whole of the Spanish settlements in Florida, and even part of the peninsula. Besides, the immense tract of un- inhabited territory between the settlements of the two na- tions, was claimed by both, and perhaps with equal pre -. tensions. The charter of Georgia was granted in 1732, . which bounded that colony to the southward on the most southern stream of the Altamaha. With this boundary the Spaniards appear to have been satisfied ; but they strongly contended for the tract between that river and the St. Mary's, included in the Carolina charter, of which general Oglethorpe was directed to take and keep posses- sion. It was, however, the policy of Great Britain to avoid a rupture on account of this boundary ; and so late as 1756, she directed some settlers, who had clandestinely
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OF. THE FLORIDAS.
Planted themselves on the St. Mary's, to be removed by force. At the peace of 1763, when Florida passed under the do- minion of Great Britain, the river St. Mary's was esta- hlished as the boundary line between that province and Georgia.
One of the first acts of the English, after Florida pas- sed into their hands, was to fix its boundaries and to di- vide it into two colonies, denominated east and west Flo- rida. The north boundary of East Florida, was the ri -. ver St. Mary's from the sea to its source, and thence westward to that part of the Apalachicola, where it is joined by Flint river. The north line of West Florida was fixed on the Mississippi, at the thirty first degree, and thence due east to the Apalachicola, and thence down that river to the sea. But in 1764, under an apprehension suggested by the board of trade, that this line would not include the Mobile; the northern boundary of that colony was extended to the mouth of the Yazous, in about thirty two degrees twenty eight minutes north latitude, and thence due east to the Apalachicola. Each of these co- lonies had a governor, appointed by the crown, and a le- gislature chosen by the people ; their laws approached as near as circumstances would. permit, to the laws of Eng- land. These arrangements continued till the conquest of West Florida by the Spaniards in the time of our revolu- tion. At the peace of 1783, Great Britain relinquished to the crown of Spain, both the Floridas without any spe- cific boundaries, and on the same day ceded to the United States all the territory to the north of the thirty first de- . gree ; so that Spain had at least a plausible claim to all the territory below the Yazous river ; and hence a founda- tion was laid for a dispute between us and that power, which was ultimately adjusted by treaty.
That the reader .may become the better acquainted with the country we have undertaken to notice, a rapid geogra- phical sketch of the .two Floridas will be given ; after
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which the several kinds of land, and the nature of the climate, will come under consideration.
The Floridas are bounded north, partly on the thirty first degree, and partly on the southern boundary of Geor- gia ; east on the Atlantic ; south on the gulf; and west on the Mississippi. We have no accurate data for their length or breadth : The former, exclusive of the peninsula, and following the sinuosities of the coast, may be estimated at about eight hundred miles; the latter will probably average from seventy to eighty miles. 'The peninsula is nar- row, and stretches in a southern direction about four hun- dred miles into the gulf ; the extremity of which is within one hundred miles of Cuba:"
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