USA > Louisiana > The history of Louisiana : from the earliest period, Volume II > Part 16
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west line, beginning on the river Mississippi, on the thirty-third degree of northern latitude, was erected into a distinct government, denominated the territory of Orleans: and the other was annexed, under the name of the district of Louisiana, to the Indiana territory.
'The executive powers of government, in the terri- tory, were vested in a governor, appointed for three years, unless sooner removed, by the president of the United States. He was commander in chief of the militia, and had power to grant pardon for offences against the territory, and reprieve, as to those against the United States, till the pleasure of the president was known: he had the appointment of all civil and military officers, except those for whom other provisions were made by the act.
. A secretary of the territory was to be appointed, for four years, unless sooner removed, by the presi -? " dent. Ilis duty was, under the direction of the governor, to record and preserve all the papers and proceedings of the executive, and the acts of the legislature, and transmit authentic copies of the whole, every six months, to the president. In case of the vacancy of the office of governor, his duties devolved on the secretary.
The legislative power was vested in the governor, and a legislative council, composed of thirteen free- holders of the territory. having resided one year therein, and holding no other appointment under the territory or the United States. The territorial legis- lature was restricted from passing laws, repugnant to the constitution of the United States, laying any re- Straint, burden or disability, on account of religious opinion, profession, or worship, preventing any one from maintaining his own, or burdening him with
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that of others: from the primary disposal of the soil, or taxing the lands of the United States. The governor was charged with the publication of the laws and the transmission of copies of them to the president, for the information of congress; on whose disapprobation they were to be void. The governor had power to convene and prorogue the council.
He was to procure and transmit to the president, information of the customs, habits, and dispositions of' the people.
The judicial powers were vested in a superior court, and such inferior court and justices of the peace, as the legislature might establish ; the judges and justices of the peace holding their offices during four years. The superior court consisted of three judges, one of whom constituted a court. It had jurisdiction of all criminal cases, and exclusively of capital ones, and original and appellate jurisdiction of all civil cases of the value of one hundred dollars and upwards: its sessions were monthly. In capital cases, the trial was to be by jury: in all others, civil or criminal, either party might require it to be so.
Provision was made for the writ of habeas corpus. admission to bail in cases not capital and against cruel or unusual punishments.
The judges, district attorney, marshal, and general officers of the militia, were to be appointed by the president, with the advice and consent of the senate.
The compensation of the governor was fixed at five thousand dollars, that of the secretary and judges, at two thousand each, and that of the members of the legislative council at four dollars a day.
The importation of slaves from foreign countries was forbidden, and that of those brought from the
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United States was allowed only to citizens, bona fide owners, removing to the territory.
All grants for land within the ceded territories, the title whereof was at the date of the treaty of San Ilde- fonso, in the crown, government or nation of Spain, and every act and proceeding subsequent thereto, towards the obtaining any grant, title or claim to such lands; were declared to be null and void. There was a proviso, excepting the titles of actual settlers, acquired before the twentieth of December, 1803. The obvious intention of this clause was to act on all grants made by Spain, after her retrocession to France, and without deciding on the extent of that retrocession, to put the titles thus acquired, under the control of the American government.
The president of the United States was authorized to appoint registers and recorders of land titles, who were to receive and record titles acquired under the Spanish and French governments, and commissioners who should receive all claims to lands, and hear and determine, in a summary way, all matters respecting such claims. Their proceedings were to be reported to the secretary of the treasury, and laid before congress for their final decision.
By two subsequent acts, congress made provision for extending the collection and navigation laws of the union to the territory.
Every vessel possessed of, or sailing under, a Spanish or French register, and belonging wholly, on the twen- tieth of December last, to a citizen of the United States, then residing withun the ceded territory, or to any person being, on the thirtieth of April preceding, a resident thereof, and continuing to reside therein, and of which the master was such a citizen or resident, was declared capable of being enrolled, registered or
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licensed, according to law, and afterwards to be de- nominated and deemed a vessel of the United States. Such inhabitants were, however, required before they availed themselves of these provisions, to take an oath of allegiance to the United States, and to abjure their former one to the king of Spain, or the French republic.
The inhabitants, thus taking the oath, were entitled to all the benefits and advantages of holding vessels of the United States, as resident citizens.
The ceded territory and all the navigable waters, rivers, creeks, bays, and inlets, within the United States, emptying themselves into the gulf of Mexico. east of the river Mississippi, were annexed to the former Mississippi district.
The city of New Orleans was made a port of entry and delivery, and the town of Bayou St. John a port of delivery.
The district of Natchez was established, of which the city of that name was the sole port of entry and delivery.
Foreign vessels were permitted to unload in the port of New Orleans only, and the same restraint was im- posed on vessels of the United States, coming from France, or any of her colonies.
Vessels from the cape of Good Hope, or any place beyond it, were admitted to an entry, in the port of New Orleans, only.
The president of the United States was authorized, whenever he should deem it expedient, to erect the shores, waters and inlets, of the bay of Mobile, and the other rivers, bays and creeks emptying themselves into the gulf of Mexico, east of the river Mobile and west of the river Pascagoula, into a separate district, and designate within it a port of entry and delivery. The
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territory was erected into a judicial district of the United States, and a district court, with circuit court powers, was established therein.
It having been represented to the President of the United States, that many persons, formerly engaged in the military service of the United States, and hav- ing deserted from it, had become inhabitants of the ceded territory, chiefly in that part of it immediately below the line of demarcation, on the left bank of the Mississippi, where they had establishments of prop- erty and families, and were in such' habits of in- dustry and good conduct, as gave reasons to believe they had became orderly and useful members of soci- ety, he granted to every such deserter, as an inhabitant of the ceded territory, on the twentieth of December, 1803, a free and full pardon for his desertion, and a relinquishment of the term during which he was bound to serve.
In the latter part of that month, Laussat sailed to the Island of Martinico. He concluded his last com- munication to the minister from New-Orleans, with the following observations: "The Americans have given fifteen millions of dollars for Louisiana ; they would have given sixty, rather than not possess it .-- They will receive one million of dollars for duties, at the custom house in New-Orleans, during the pre- sent year, a sum exceeding the interest of their mo- ney, without taking into consideration the value of the very great quantity of vacant lands. As to the twelve years, during which our vessels are to be received on the footing of national ones, they present but an illusive prospect, considering the war, and the impossibility of our being able to enter into competition with their merchantmen. Besides, all will in a short time turn to the advantage of English manufactures, by the great
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means, this place will exclusively enjoy, from its situ- ation, to supply the Spanish colonies, as far as the equator. In a few years, the country, as far as Rio Bravo, will be in a state of cultivation. New-Orleans will then have a population of from thirty to fifty thou- sand souls; and the new territory will produce sugar enough for the supply of North America and part of Europe; let us not dissimulate: in a few years the existing prejudices will be worn off, the inhabitants will gradually become Americans, by the introduc- tion of native Americans and Englishmen; a system already begun. Many of the present inhabitants will leave the country in disgust; those who have large fortunes will retire to the mother country; a great proportion will remove into the Spanish settlements; and the remaining few will be lost amidst the new comers. Should no fortunate amelioration of politi- cal events intervene, what a magnificent Nouvelle France have we lost! The creoles and French established here unite in favor of France, and can- not be persuaded that the convention for the cession of Louisiana is any thing but a political trick; they think, that it will return under the dominion of France."
Wilkinson sailed to New-York, about the same time, leaving the command of the few companies of the regular troops in the district to Major Porter: a company had been detached to Natchitoches, under Captain Turner; there was a smaller command at Point Coupce; the rest were at New-Orleans and Fort Adams.
The people of Louisiana, especially in New-Or- leans, were greatly dissatisfied at the new order of things. They complained that the person, whom Congress had sent to preside over them, was an ut-
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ter stranger to their laws, manners and language, and had no personal interest in the prosperity of the country-that he was incessantly surrounded by new comers from the United States, to whom he gave a decided preference over the creoles and European French, in the distribution of offices-that in the new court of pleas, most of the judges of which were ignorant of the laws and language of the country, pro- ceedings were carried on in the English language, which Claiborne had lately attempted to introduce in the proceedings of the municipal body, and the suitors were in an equally disadvantageous situation, in the court of the last resort, in which he sat, as sole judge, not attended, as the Spanish governors were, by a legal adviser ; that the errors into which he could not help falling, were without redress. They urged that, under the former government, an appeal lay from the governor's decision to the Captain General of the Island of Cuba, from thence to the Royal Audi- - ence in that island, and in many cases from them to the council of. the Indies at Madrid.
To these, a new cause of complaint was superad- ded by the late act of Congress, establishing the new form of government. The people murmured at the division of the province, which put off, to an almost indefinite period, their admission into the Union, as an independent state. They saw with displeasure that their rights continued, in the new supreme court, at the discretion of one individual, and that the introduction of slaves, from foreign countries, was absolutely pro- hibited, and that from the United States allowed only to new comers.
Considerable distress was felt from the great scar- city of a circulating medium. Silver was no longer brought from Vera Cruz by government, and the
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Spaniards were not very anxious to redeem a large quantity of liberanzas, or certificates, which they had lefi afloat in the province, and which were greatly depreciated. Claiborne sought a remedy for this evil, in the establishment of the Louisiana Bank, the ex- tension of the capital of which, was allowed to two . millions of dollars: but the people being absolutely unacquainted with institutions of this kind, and having suffered a great deal by the depreciation of p. per securities, heretofore emitted în the province, werc tardy in according their confidence to the bank.
The former militia was completely disorganised .- Most of the individuals, who had lately arrived from the United States, had enrolled themselves in inde- pendent companies of volunteers, rangers, riflemen, artillery and cavalry, which Claiborne had formed and patronised. These military associations, in which very few of the natives entered, gave a more marked character to the new government, and more distinctly . drew the line between the two populations.
The exploring of the region between the Pacific Ocean and the Mississippi was an object, in which the then President of the United States, had felt an early and lively interest. While he was at the court" of France, about twenty years before, he had em- ployed a countryman of his, Ledyard, the famous tra- veller, to proceed to Kamschatka, take passage in some of the Russian ships, bound to Nootka Sound, and, landing in the middle states of the Union, to seek his way to them by land. Passports had been ob- tained from the Empress of Russia, and Ledyard took his winter quarters, within twenty miles from Kams- chatka. In the spring, he was about to proceed, when he was arrested by an officer, sent after him by the Empress, whose disposition had changed. Jlc
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was shut up in a close carriage, and driven with great rapidity and without interruption, till he was left on the frontiers of Poland to follow the route his incli- nation pointed out. He took that of Egypt, with the view of reaching the sources of the Nile, and died at Cairo, on the 15th of November, 1788.
In the year 1792, Jefferson proposed to the Ame- rican Philosophical Society, a subscription for attain- ing the same object, in the opposite direction; funds were raised and the services of Michaux, a botanist, sent by the French government to the United States, were engaged. This man left Philadelphia, with a single companion, to avoid existing suspicion among the Indians: but he had scarcely reached Kentucky, when he was overtaken by an order of the French Minister at Philadelphia, to desist from his under- taking and pursue his botanical inquiries in the wes- tern states.
In 1803, the act of Congress for establishing trad- ing houses with the Indians, being about to expire, some modifications of it were recommended by a confidential message of the President, on the 18th of January, with an extension of its views to the tribes on the Missouri. In order to pave the way for that purpose, the message proposed to send an exploring party to trace that stream to its source across the high- lands, and seek a water communication to the Pacific Ocean. Congress entered into the views of the President, and an appropriation was accordingly made.
The command of the expedition was given to Mer- riwether Lewis, a captain of the Army of the United States, who had for some time acted as private secre- tary to the President and, who being desired to select the officer next in command, made choice of
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William Clark, a brother of Colonel Clark, who, wc have seen, distinguished himself as a partizan officer, on the banks of the Mississippi and the Wabash, du- ring the revolutionary war. Fourteen soldiers, some voung men from Kentucky, two French boatmen, a hunter, and a negro man belonging to Captain Lewis, with the two commanders, composed the party.
Passports were obtained from the Spanish, French and British ministers at Washington City.
The expedition did not reach St. Louis, until De- cember; and Delassus, the commandant general there, having no official direction, refused, notwith- standing the passport of the minister of the catholic king, to premit an armed force to cross his domin- ions, in that part of America. The party, therefore, wintered r. the left side of the Mississippi, and did not set ofruill the fourteenth of May, possession of upper Louisiana having then been taken by the United States.
In the meantime, the dissatisfaction of the inhab- itants of New-Orleans, rose to such a degree, that & 'determination was taken, by a few individuals, to in- duce their countrymen to solicit relief from con- gress at its next session. For this purpose a meeting of the most influential merchants in the city and planters in the neighborhood was called for the first of June, when it was almost unanimously determined to make application to congress for the repeal of so much of their late act, as related to the division of the ceded territory and the restrictions on the impor- tation of slaves, and to require the immediate ad- mission of Louisiana into the Union. Jones, Liv- ingston, Pitot and Petit were appointed a committee, charged with preparing and submitting to the next meeting the draft of a memorial to congress.
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They made their report to a much more numerous meeting towards the beginning of July, by whom it was approved, and who made choice, from among themselves, of a committee of twelve, who were charged with circulating copies of the memorial in the parishes. and procuring the signatures of the most notable inhabitants, and to collect voluntary contributions for defraying the expenses of a depu- tation to be sent to Washington City with the memo- rial. They were further instructed to lay before a future me: ting the names of six individuals, out of whom there were to be chosen for the deputation.
At this last meeting, on the eighteenth, Derbigny, Detrehan and Sauve were chosen, and they set out in the fall.
We have seen, in the preceding volume, that on Great Britain having obtained possession of the left bank of the Mississppi, in the former century, there had been a great migration thithe", from her colonies. It had since increased at various periods, and the Spanish government, in : ouisiana, had favored it. Few French and Spanish families had come to settle in a neighborhood in which the English language alone was spoken. An annexation to the United States was as much desired by the inhabitants of Thompson's Creek. B you Sarah and Baton Rouge, as a continuation of the government of the French republic, below Manchac, or on the right bank of the
Mississippi The people, immediately below the line of demarcation, were disappointed at the omis- , sion of the commisioners of the United States to in- sist on receiving possession of the country, as far as Rio Perdido. The late acts of congress, for extend- ing the collection and navigation laws of the United States, having made provision for the establishment of a port of entry and delivery at Mobile, and ports
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of delivery in its vicinity, had satisfied them. that the federal government considered the country they inhabited, as part of the territory it had lately ac- quired. A considerable number of them assembled and determined on an attempt to drive the Spanish garrison from the fort at Baton Rouge. The stand- ard of revolt was raised, and a number of men armed themselves and rode through the country, in vari- ous directions, to induce others to join them. Their efforts were not at first absolutely unsuccessful. and about two hundred men were collected; but some mis- understanding having taken place among the princi- pal leaders, the project miscarried, and the latter crossed the line, to seek a refuge in the Mississippi territory.
· The government lately provided for the territory of Orleans, went into operation on the first of Octo- ber.
Claiborne had been appointed governor, and Brown, secretary.
. Bellechasse, Bore, Cantrelle, Clark, Debuys, Dow, Jones, Kenner, Mongan, Poydras, Roman, Watkins, and Wikoff, had been selected as members of the legislative council.
Duponceau, Kirby and Prevost, were appointed judges of the superior court.
Hall was the district judge of the United States ; Mahlon Dickens n, district attorney, and Le Breton d'Orgeney, Marshal
Prevost opened the first territorial court, alone. on the ninth of November, Dupon eu having declined his appointment, Kirby having died.
Bore, Bellechasse, Jones and Clark, having taken an active part in the meetings of the inhabitants. deemed it inconsistent to give their aid to a form of government, against which they had remonstrated.
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and declined accepting their seats. An ineffectual attempt to procure a quorum was made in the latter part of November; many of the other members re- fusing, or being tardy in giving, their attendance : so that the formation of the legislative council must have been protracted to a very distant period, had not Claiborne availed himself of an accidental circum- stance. The christian names of the persons selected by the president not being known at the department of state, blank commissions had been transmitted to Claiborne. He filled those for the four gentlemen who had declined, with the naires of Dorciere, Flood, Mather and Pollock, and a mere quorum was ob- tained on the fourth of December.
The territory was divided into twelve counties, in each of which an inferior court was established, com- posed of one judge. Acts were passed, to regulate the practice of the superior and inferior or county courts. Suits were to be institated by a petition, in the form of a bill in chancery. The definition of crimes and mode of prosecution in criminal ca es, according to the com- mon law of England', were adopted. Provision was made for the inspection of flour. pork and beef. Char- ters of incorporat on were given to the city of New Orleans, and to library, navigation and insurance com- panies. An university was established, which was charged with locating schools in each county; but as no appropriation was made, nor funds provided, for these semin ries, the views of the legislature were not successfully carried into execution, and the plan, in a few years, absolutely failed.
The council adjourned in February, after having appointed a committee to prepare a civil and a cri- minal code, with the assistance of two professional men, for whose remuneration five thousand dollars dollars were appropriated.
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The bank of the United States, having procured an amendment to their charter, to authorize them to establish offices of discount and deposit in the terri- tories, established one in New Orleans.
This winter, William Dunbar and Doctor Hunter, with a party, employed by the United States, explored the country, traversed by the river Wa- hita, as high up as the hot springs, in the vicinity of that stream.
Another party, led by a Mr. Freeman, ascended Red river, to a considerable distance above Natchi- toches ; but, being met by a detachment of Spanish troops, were compelled to retrogade.
Previous to the acquisition of Louisiana, the minis- ters of the United States had been instructed to endeavour to obtain the Floridas from Spain. After that acquisition. this object was still pursued, and the friendly aid of the French government towards this attainment was requested. On the suggestion of Talleyrand, that the time was unfavourable, the de- sign was suspended. The government of the United States, however, soon resumed its purpose : the settlement of the boundaries of Louisiana was blended with the purchase of Florida, and the adjustment of heavy claims, made by the United States, for Ameri- can property condemned in the ports of Spain, during the war which terminated by the treaty of Amiens.
On his way to Madrid, Monroe, who was empow- cred, in conjunction with Pinckney, the American minister at the court of his catholic majesty, to con- , duct the negotiation, passed through Paris, and addressed a letter to the minister of external relations. in which he declared the object of his mission, and his views respe, ting the boundaries of Louisiana. In his answer to this letter, dated the twenty-first of December, 1804, Talleyrand declared in distinct terms, that, by the treaty of San Idelfonso, Spain
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retroceded to France no part of the territory east of Iberville, which had been held and known as West Florida, and that, in all the negociations between the two powers, Spain had constantly refused to cede any part of the Floridas, even from the Mississippi to the Mobile. He added, that he was authorised by his imperial majesty to say, that in the beginning of the year 1802, Bourronville had been charged to open a negociation, for the acquisition of the Floridas; but this project had not been followed by a treaty. Soon after Monroe's arrival at his place of destination, the negotiation commenced at Aranjuez. . Every word in that article of the treaty of San Ildefonso, which retro- ceded Louisiana to France, was scanned by the ministers on both sides, with all the critical acumen, which talents and zeal could bring into their service. Every argument drawn from collateral circumstances, connected with the su'ject, which could be supposed to elucidate it, was exhausted. No advance towards an arrangement was made, and the negotiation was terminated, leaving each party firm in its original opinion and purpose ; each per-evered in maintaining the construction with which he had commenced.
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