The history of Louisiana : from the earliest period, Volume II, Part 13

Author: Martin, Francois-Xavier, 1762-1846
Publication date: 1827
Publisher: New-Orleans : Printed by Lyman and Beardslee
Number of Pages: 894


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In the latter part of the month, notice reached New-Orleans, of the arrival, at the Balize, of a French national brig, having on board Laussat, the colonial prefect. Salcedo immediately dispatched a captain and a lieutenant of infantry in the govern- ment barge, and Morales, an officer of' administra- tion, in that of the custom-house, to meet and con- gratulate the representative of the French republic. Laussat came up in the government barge, landed at the levee on the twenty-sixth, and was immediately conducted to the government-house, where Salcedo


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and Morales, surrounded by the staff of the garrison and army, the officers of the militia, and the head of . the clergy, were assembled for his reception.


In, this interview Laussat announced the fixed determination of the French government to promote the prosperity of the colony, to cause order to pre- vail in it, to maintain its laws, to respect the treaties with Indian nations, and protect the exereise of pub- lic worship without any change therein. He added that the captain-general and troops, who had left Holland, as he believed, in the latter end of January, would probably arrive here towards the middle of' April.


A few days afterwards, he issued a proclamation in the name of the French republic.


This document begins by stating that the separa- tion of Louisiana from France marked in the annals of the latter one of the most shameful eras under a weak and corrupt government, after an ignomini- ous war and dishonorable peace. With this unna- tural abandonment by the mother country, the love, loyalty, and heroic courage of the people of Louisi- . ana formed a noble contrast, with which every heart in France was now moved, and would long preserve the remembrance of. The French still remembered that a portion of the inhabitants of Louisiana were their descendants, with the same blood running in their veins. As soon as France, by a prodigious succession of triumphs, in the late revolution, had recovered her own freedom and glory, she turned her eyes towards Louisiana, the retrocession of which signalized her first peace. But the period was not yet arrived-it was necessary that a man, who is a stranger to nothing that is national, great, magnanimous or just; who, to the most distinguish- VOL. IL 21


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ed talent for conquering, adds the rare one of obtain- ing for his conquests the happiest results, and by the ascendancy of his character, at once strikes ter- ror to his enemies, and inspires his allies with confi- dence-whose expansive mind discovered at once the true interests of his country, and was bent on restoring to France her pristine grandeur and her lost possessions-should accomplish this important work .:


This man, said the prefect, presides over the des- tinies of France and Lonisiana, to insure their felicity. In the latter nothing more was necessary than to improve the bounties of which nature had been so prodigal towards her.


He observed it was the intention of government to do this-to live in peace and amity with the neigh- bouring Indians, and protect the commerce of the colony; encourage its agriculture, people its deserts, promote labour and industry, respect property, opi- " nions, and habits, protect public worship, preserve the empire of the laws, amend them slowly and with the light of experience only, maintain a regular po- lice, introduce permanent order and ceonomy in every branch of administration, tighten the bonds which a common origin and a similarity of manners had already established between the colony and the mother country, was the honorable object of the mission of the captain-general, colonial prefect, and commissary of justice, sent by the first consul.


After a short eulogy of the two high magistrates with whom he was associated, and of the officers who had hitherto governed the colony under the authority of Spain, whom he said the former would endeavour to imitate, he concluded with an assur- ance that the devotion of the people of Louisiana


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to the French republic, their gratitude to those by whom they were re-united to it, and the spectacle of their ; rosperity, were the rewards which he aspired to, and should endeavour to deserve bv a zeal which would know no limits but the fulfillment of his du- ties.


In an address, which was presented to him a few days afterwards, subscribed by a considerable num- ber of the most respectable planters and merchants, assurance was given him that France had done jus- tice to the sentiments of the people of Louisiana, in giving them credit for the attachment they had pre- served for her. Thirty-four years of foreign domin- ation had not extinguished or even diminished in their hearts the sacred love of their country; and their joy on returning under her banner, could only be equalled by the grief which they had felt on see- ing it lowered in the midst of them. They were happy in having lived long enough to witness the reunion of the colony to France-an event which they had never ceased to desire, and which now gratified their utmost wishes.


They added that in an age so fruitful in astonishing events, greater, more important and memorable had : occurred, but none in its history could present a more affecting and interesting spectacle than that of vieto- rious and triumphant France holding out a protect- ing hand to children heretofore cast out from her bosom, by a weak and vacillating government, and calling them to a share in the fruits of a glorious peace, terminating in the most brilliant manner a bloody and terrible revolution.


They observed that the prefect had signalised the return of the French government, by bearing an authentic testimony of its beneficent views. Ilis.


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- proclamation had filled the people with gratitude for . its parental care, and they already felt the happiness of their union with the French republic. The happy selection of some of her most virtuous citizens to govern them, and her choicest troops to protect them, were sure pledges of their future happiness and pro- sperity. They offered in return their love and obe- dience, and swore to endeavour to prove themselves worthy of the title of French citizens.


The answer concludes by expressing the belief that France would attach less value to the assurance the people of Louisiana gave of their loyalty and fidelity, if they did not, at the same time, manifest some regret at the dissolution of their allegiance to a sovereign who had heaped on them his choicest fa- vours, during the time they had lived under him. They protested that their hearts entertained no such guilty indifference; their grief, on separating from him, was mingled with joy on recovering their coun- try ; and they would prove themselves worthy mem- bers of the French republic, in preserving during their lives the remembrance of his paternal care.


The Marquis de Casa Calvo, who had acted as military governor after the death of Gayoso, arrived from the Havana on the tenth of April, having been joined to Salcedo in a commission for the delivery of possession of the province to the commissioners of France. On the eighteenth of May, Salcedo and he issued a proclamation, announcing the intention of their sovereign to surrender the province to the French republic, and that his majesty, retaining the same affection as ever for the inhabitants of the pro- vince, and desiring to continue to them the same protection which he had hitherto extended to thems. had determined


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1. That the cession of the colony and island of New-Orleans should be on the same terms as that of his Most Christian to his Catholic majesty; and consequently the limits on both sides of the river St. Louis, or Mississippi, should continue as they re- mained by the fifth article of the definitive treaty of peace concluded at Paris on the tenth of December, 1763; and accordingly, the settlements from the bayou Manchac, as far as the line which separated the dominions of Spain and those of the United- States, should remain a rart of the monarchy of Spain and be annexed to the province of West Flo- rida,


2. Every individual, employed in any branch of the king's service, and wishing to remain under his government, might proceed to Havana or any other part of his dominions, unless he preferred entering into the service of the French republic, which he might do: but if any just reason prevented his im- mediate departure, he might urge it in proper time.


3. The king's generosity induced him to continue to widows and others their respective provisions, and he would make known, in due time, in what manner he wished they should avail themselves of this favour.


4. He declared his expectation, from the sincere friendship and alliance which existed between him and the French republic, that orders would be given to the governors and other officers employed by France in Louisiana, that the clergy and religious institutions should be permitted to remain in the dis- ' charge of their offices, within their respective cura- cies and missions, and enjoy their former cmolu- ments, privileges and exemptions-that the tribunals established for, the administration of justice, and or-


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dinary judges, should be allowed to continue to ad- minister it according to the former laws and usages of the province-the inhabitants maintained in the peaceable possession of their property, and all grants made to them by the former governors confirmed, even when not finally ratified by the king -- and finally, that the French government should continue to the people of Louisiana the favour and protection they had enjoyed under Spain.


Every thing seemed now ready, and the arrival of Victor, the commissioner of France for receiving possession, was hourly expected-every one had his tri-coloured cockade ready to be stuck in his hat as soon as the Spanish flag was lowered and the French hoisted, when a vessel from Bordeaux brought ac- counts of the sale of the province, by Bonaparte, to the United States.


By a treaty concluded at Paris on the thirtieth of April, the first consul had ceded, in the name of the republic, to the United States, for ever and in full so- vereignty, the province of Louisiana, with all its rights and appurtenancies in full, and in the same manner as they had been acquired by the republic from the Catholic king.


2. In the cession are included the islands adjacent to Louisiana, all public lots and squares, vacant lands, and all public buildings, fortifications, bar- racks, and other edifices, which are not private pro- perty. 'The archives, papers, and documents rela- tive to the domains and sovereignty of the province, are to be left in the possession of the commissioners of the United States, and copies given afterwards in due form to magistrates and principal officers, of -such papers and documents as may be necessary to them.


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3. It is provided that the inhabitants of the ceded territory shall be incorporated into the union of the United States, and admitted as soon as possible, ac- cording to the principles of the federal constitution, to the enjoyment of all the advantages and immuni- ties of citizens of the United States; and in the mean time be unrestrained and protected in the free enjoy- ment of their liberty, property, and the religion which they possess.


4. The government of France is to send a com- missioner to Louisiana, to the end that he may do all aets necessary to receive possession of the coun- try and its dependencies, from the officers of Spain, in the name of the French republic, and deliver it over to the commissioners or agents of the United States.


5. Immediately after the ratification of the treaty, by the president of the United States, in case that of the first consul shall have been obtained, the com- missioner of the French republic shall surrender all military posts in New-Orleans, and in the rest of the ceded territory, to the commissioners of the United States, and the troops of France are to be withdrawn. 6. The United States promise to execute all trea- ties entered into by Spain with the Indians.


7. French vessels coming directly from France or her colonies, loaded only with the produce or manu- factures of France or her colonies; and those of Spain, coming directly from the peninsula or her colonies, loaded only with the produce or manufac- inres of Spain or her colonies, are to be admitted, during twelve years, into the ports of the ceded ter- ritory, in the same manner as vessels of the United States coming directly from France, Spain, or any of their colonies, without paying any higher duty on


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tonnage or merchandise than citizens of the United States. During these twelve years, no other nation shall enjoy the same advantages.


8. Afterwards and forever, French vessels are to be treated upon the footing of the most favored na- tions, in these ports.


By two separate conventions of the same date, the United States engaged to pay sixty millions of francs to France, and discharge certain claims of their citi- zens on that power. A stock of eleven millions, two hundred and fifty thousand dollars, was created, bearing interest at six per cent, payable in London, Amsterdam, or Paris; the principal to be reimbursed at their treasury in annual instalments of not less than three millions, the first of which was to be paid fif- teen years after the exchange of the ratifications. The French government promised, if disposed to sell the stock, to do so to the United States, on the best terms. The value of the dollar of the United States was fixed at five livres eight sous.


The Catholic king made a solemn protest, on be- ing informed of the sale of Louisiana by the first consul; and his minister at Washington-city sent to the department of state a representation on the de- fects which, in the opinion of the cabinet of Madrid, impaired the alienation ; detailing the motives which had induced his sovereign to protest against it-the principal of which was, that France had promised never to alienate the ceded territory. After this re- presentation, an opinion prevailed, both in Europe and America, that the king had given, or would give, orders to prevent the delivery of the province to the French. The minister of the United States at Ma- drid, was therefore instructed to ascertain whether there was any ground for the rumour.


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In the month of June, the Spanish nuns in the convent of the Ursulines, unwilling to live under the government of the French republic, sailed for Hava- na, where the government gave them a house, and they established a convent of their order.


Congress, on the last day of October, authorised the president of the United States to take possession of the ceded territory; and in order to maintain therein the authority of the United States, to employ such a part of the navy and army of the union, and of the militia of the neighboring states and territory, as he might deem necessary. In the meanwhile all the military, civil and judicial powers exercised by the existing government, were to be vested in such person or persons, and to be exercised in such a manner, as the president of the United States should direct, for the maintenance and protection of the inhabitants of Louisiana, in their liberty, property, and the religion which they professed.


The President of the United States appointed, ac- cordingly, governor Claiborne, of the Mississippi territory, and general Wilkinson, commissioners for receiving possession of the ceded territory from the commissioner of France; and he gave to the former a commission, authorising him provisorily to exer- cise, within the ceded territory, all the powers with which the Spanish governor-general and intendant were cloathed, except that of granting lands.


In the meanwhile, the first consul had, on the sixth of June, appointed Laussat commissioner on the part of France, to receive possession of the province from those of Spain, and deliver it to those of the United States.


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On Wednesday, the thirtieth of November, the Spanish colours were displayed from a lofty flag staff, in the centre of the public square. At noon, the Spanish regiment of Louisiana was drawn out, with a company of Mexican dragoons on the right, and the militia of the city on the left. The commis- sioners of Spain proceeded to the city-hall, where the commissioner of France came soon after. He produced to them an order from the king of Spain for the delivery of the province, and the powers of the first consul to receive it; whereupon Salcedo immediately handed him the keys of. New-Orleans, and the Marquis de Casa Calvo declared that such of his majesty's subjects in Louisiana as made it their election to live under the authority of the French republic, were absolved from their oath of fidelity and allegiance to the crown of Spain. A record was made of these proceedings, and the three com- . missioners walked to the main balcony, when the Spanish flag was saluted by a discharge of artillery . on its descent, and that of the French republic greeted in the same manner, on its ascent.


Thus ended the government of Spain in Louisi- ana, after the lapse of thirty-four years and a few months.


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In a proclamation, which Laussat issued immedi- ately afterwards, he informed the inhabitants that the mission which brought him among them, and on which he had built many fond hopes, and entertain- ed many honorable expectations for their welfare and happiness, waschanged; and that of which he was now charged, though less gratifying to him, was equally flattering, as it afforded him the consolation that it was more advantageous to them. The flag of


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the republic now displayed, and the sound of her cannon, announced the return of French domina- tion; but it was for an instant only, as he was on the eve of delivering possession of the colony to the , commissioners of the United States.


He observed that the commencement of a war un- der the most sanguinary auspices, carrying terror into all parts of the world, had induced the French government to turn its views towards Louisiana: considerations of prudence and humanity, connected with vast and permanent objects, worthy of the genius who balanced the grand destinies of nations, having given a new direction to the benevolent intentions of France towards the colony, it was ceded to the Uni- ted States, and its inhabitants became the surest pledge of the increasing friendship between the two republics.


. He drew their attention to that part of the treaty of cession, by which their incorporation into the union was secured; and congratulated them on be- coming part of a nation already numerous and pow- erful-a people renowned for their industry, patriot- ism, and enlightened understanding.


He remarked that, however pure and benevolent the intentions of the mother country might be, the people of a distant colony were ever exposed to the cupidity and malversations of those who were sent to govern them. Distance affording the means of concealment, operated as a temptation, and often corrupted the most virtuous -- while the nature of the government, under which they were about to pass, rendered rulers dependent on the will of the people, and connected their political existence with public suffrage.


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He reminded them that the period was not distant when they would adopt a form of government for themselves, adapted to the maxims of the federal constitution, and suited to their manners, usages, and localities. They would feel and appreciate as a singular attribute of a free constitution, the invalua- ble advantage of an upright, impartial and incorrup- tible administration of justice, in which the public and invariable forms of proceeding would combine, with the moral and national character of judges and jurors, to ensure to the citizen security for person and property.


Monopoly, he added, more or less exclusive, is peculiar to, and invariably attendant on, colonial . government; but from the United States the people of Louisiana ought to expect, at the same time, pro- tection from such abuses, by the faculty of exporting, free from duty, every article of their produce. The ports of the Mississippi ought to be expected to be- come vast places of deposit, as this Nile of America, flowing not through parched deserts but across fer- tile plains, would be navigated by vessels of all na- tions.


He expressed a hope that, among different flags, the people of Louisiana would ever view that of France with complacency; as, in securing to his countrymen certain advantages, during a limited time, in their intercourse with the ceded country, the first consul had a view to the renewal, strength- ening, and perpetuating the ancient bonds between the French of Europe and those of Louisiana -- so that Louisianians and Frenchmen would never hereafter meet, in any part of the world, without mutually feeling a tender emotion, and exchanging


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the affectionate appellation of brothers-alike ex- pressive of their lasting friendship and dependance on reciprocal kind offices.


On the same day, the colonial prefect issued a number of other proclamations, in regard to the government of the province; the principal of which was for the substitution of a municipality to the ca- bildo. A mayor, two adjoints, and ten members, constituting the new body. The mayoralty was given to Boré : Destrehan and Sauve were associated with him. The members were Livandais, Petit Cavelier, Villere, Jones, Fortier, Donaldson, Faurie, Allard, Tureaud, and Watkins. Derbigny was secretary, and Labatut treasurer.


By a special proclamation, the black code, given by Louis the fifteenth to the province, excepting such parts of it as were inconsistent with the con- stitution and laws of the United States, was declared to be in force.


The citizens of the United States in New-Orleans, about one hundred and twenty in number, formed themselves into a company of infantry, under Daniel Clark, the consul, and offered their services to the colonial prefect for the preservation of order and tranquility; and, at his request, performed regular duty until the commissioners of the United States received possession of the province.


From the disposition manifested a few years be- foro, by the colonial government, to retain possession of the posts above the thirty-first degree, and the protest of the Catholic king, apprehensions were entertained by the government of the United States that difficulties might arise. The president ordered


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a part of the militia of the states of Ohio, Kentucky, and Tennessee, to be held in readiness to march at a moment's warning. The military force in the west had been assembled at Fort Adams, and five hun- dred men of the militia of 'Tennessee came as far as Natchez, under the orders of colonel Dogherty.


Claiborne had given orders to the volunteer com- pany of horse of the Mississippi territory, to prepare to accompany him, on the tenth of December.


Wilkinson who, since his return from the Atlantic states, had been employed as a commissioner in the treaties, lately entered into with the Choctaws, Chic- kasaws, and Creeks, was, at the time of his appoint- ment as joint commissioner with Claiborne, engaged in running the line between the lands of the western states and those of the latter Indians. He reached New-Orleans on the day after Laussat had received possession, and did not hear of his appointment 'till then. Crossing the lake, he met his colleague at Fort Adams. Oa the seventeenth of December, the two commissioners, the troops of the United States, and the Mississippi volunteers, camped within two miles of New-Orleans. On the following day Claiborne and Wilkinson paid a visit to Laussat, who came to their camp on the next. accompanied by the muni- cipality, and a number of militia officers.


On Monday the twentieth, the tri-coloured flag was displayed at the top of the staff in the middle of the public square, at sunrise. At eleven, the militia paraded near it. and precisely at noon, the commissioners of the United States, at the head of their forces, entered the city. The American troops occupied the side of the square opposed to that on which the militia stood. The colonial prefect, attend-


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ed by his secretary and a number of his countrymen, left his house under a discharge of cannon, and pro- ceeded to the city hall, where the municipality and a large concourse of the most respectable inhabitants attended.


The commissioners of the United States now came, and the prefect gave them formal posses- sion of the province by the delivery of the keys of the city. He then declared such of the inhabitants as chose to pass under the government of the United States, absolved and released from their allegiance to the French republic.




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