USA > Louisiana > The history of Louisiana : from the earliest period, Volume II > Part 20
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No attempt was made to occupy the town of Mobile, nor any part of the country around it, and the Spanish garrison of Fort Charlotte was left un- disturbed ; Claiborne having been especially instructed not to take possession, by force, of any post in which the Spaniards had a garrison, however small it might be.
We have seen, that in the latter part of the preced- ing year, Wilkinson had been ordered to the seat of government: he reached it towards the middle of April. There were then two committees of the house
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of representatives, charged with enquiries on matters that concerned him, viz: the cause of the great mor- tality among the troops on the Mississippi, during the preceding year ; his public life, conduct and character: and while the attention of the house was thus arrested on the general, the executive deemed it proper to sus- pend any proceeding in regard to him. Congress ad- journed, without either of the committees making a report. Soon after the meeting of congress, in the winter, the first committee made a report, which did not implicate Wilkinson's conduct; the other, without an expression of their opinion, submitted to the house the whole evidence before them: without acting on it, the house directed it to be laid before the president of the United States.
Claiborne came to New-Orleans early in January, to meet the third territorial legislature, at its second session; but an uncontrollable event induced him to prorogue it till the fourth Monday of that month.
The slaves of a plantation, in the parish of St. John the Baptist, on the left bank of the Mississippi, about thirty-six miles above New-Orleans, revolted and were immediately joined by those of several neighbor- ing plantations. 'T'hey marched along the river, to- wards the city, divided into companies, each under an officer, with beat of drums and flags displayed, compelling the blacks they mnet to fall in their rear; and before they could be checked, set fire to the houses of four or five plantations. Their exact num- ber was never ascertained, but asserted to be about five hundred. The militia of the parish and those above and below, were soon under arms; major Mil- ton came down from Baton Rouge, with the regular force under his orders, and general Hampton, who was then in the city, headed those in Fort St. Charles
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and the barracks. The blacks were soon surrounded and routed: sixty-six of them were either killed dur- ing the action, or hung on the spot, immediately after. Sixteen were sent to the city for trial, and a number fled to the swamps, where they could not be pursued: several of these had been dangerously wounded, and the corpses of others were afterwards discovered. The blacks, sent to New-Orleans, were convicted and executed. Their heads were placed on high poles, above and below the city, and along the river as far as the plantation on which the revolt be- gan, and on those on which they had committed de- vastation. To insure tranquility and quiet alarm, a part of the regular forces and the militia remained on duty in the neighborhood, during a considerable time.
The general assembly made provision for the rep- resentation of the inhabitants of the new part of the territory in the legislature. They erected two new judicial districts, viz: those of Feliciana and Cata- houla; the town of Vidalia, in the parish of Concor- dia, opposite to the city of Natchez, was established; a charter of incorporation was granted to a number of individuals, who had formed themselves into companies, for establishing two banks, the Planters' bank and the bank of Orleans: these institutions ap- peared to be called for by the expiration of the char- ter of the bank of the United States. The first had a capital of six hundred thousand dollars, and the du- ration of its charter was fifteen years; the capital of the other was five hundred thousand dollars, and its charter had the same duration.
An act was passed, granting to Livingston and Ful- ton, the sole and exclusive right and privilege to build, construct, make, use, employ and navigate boats, ves- sels and water crafts, urged or propelled through the
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water by fire or steam, in all the creeks, rivers, bays and waters whatsoever, within the jurisdiction of the territory, during eighteen years from the first of Jan- uary 1812.
Before the adjournment of the legislature, official information was received, that congress had, on the eleventh of February, passed an act, to enable the people of the territory to form a constitution and state government, and the admission of such state into the union.
Congress had not, as yet, determined that the part of the ceded territory, of which possession had been taken a few months, should be part of the new state, and its inhabitants were not authorized to appoint members of the convention, for framing the consti- tution.
The qualifications of the electors were citizenship of the United States, one year's residence in the terri- tory and having paid a territorial, county, district or parish tax: persons having, in other respects, the legal qualifications for voting for representatives in the gen- cral assembly of the territory, were also authorized to vote.
The act was silent as to any qualifications, with re- gard to the members of the convention: their number was not to exceed sixty ; the third Monday of Septem- ber was named for their election, and they were di- rected to meet on the first Monday in November. The members who were to compose it, were to be ap- portioned among the counties, districts and parishes , by the legislature.
The election was to be held at the same places and conducted in the same manner, as that for members of the house of representatives.
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The convention was to assemble in the city of New- · Orleans.
That body was first to determine, by the majority of the whole number elected, whether it be expedi- ent or not, at that time, to form a constitution or state government, for the people of the territory, and if it was determined to be expedient, was to declare, in the same manner, in behalf of the people, that it adopted the constitution of the United States.
Congress required, that the constitution to be form- ed, should be republican; consistent with the consti- tution of the United States; contain the fundamental principles of civil and religious liberty; secure to the citizen's the right of trial by jury in criminal cases, and that of the writ of habeas corpus, conformably to the provisions of the constitution of the United States; and that, after the admission of the new state into the union, the laws which suit a state may pass and be promul- gated, and its records, of every description, be pre- . served, and its legislative and judicial written proceed- ings be conducted in the language, in which the laws, the legislative and judicial written proceedings were then published and conducted.
The convention was further required to provide, by an ordinance irrevocable, without the consent of the United States, that the people of the territory do agree and declare that they do forever disclaim all right or title to the waste or unappropriated lands, lying within the territory, and that the same shall be and remain at the sole and absolute disposition of the United States; and, moreover, that cach and every tract of land sold by congress, shall remain exempt from any tax laid by the order, or under the authority of the state, county, township, parish or any other purpose whatever, for the term of four years from the respec-
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tive days of the sale thercof: further, that the lands of citizens of the United States, residing without the state, shall never be taxed higher than the lands be- longing to persons residing therein; and no tax shall ever be imposed on lands belonging to the United States.
Congress agreed that five per cent. on the neat pro- ceeds of the sales of the public lands of the United States, should be applied to laying out and construct- ing public roads and levees, in the state, as the legis- 'lature may direct.
The act finally provided, that if the constitution or form of government, to be made, was not disapproved by congress, at their next session after they received it, the new state should be admitted into the union, upon the same footing with the original states.
The legislature apportioned the number of mem- bers of the convention among the parishes, and made provision for the expenses attending it, and adjourned in the latter part of April.
In the summer, a court martial was ordered, for the trial of Wilkinson, to meet at Frederickstown, and, on the 11th of July. he was furnished with a copy of the charges against him. He was accused of having cor- ruptly combined with the government of Spain, in Louisiana, for the separation of the western people from the Atlantic states; of having corruptly received large sums of money from Spain; of having connived at the designs of Burr; of having been an accomplice in them; of waste of public money; and finally, of disobedience to orders.
In the month of November, the convention assem- bled at New-Orleans. The constitution of the Unit- ed States was adopted; a constitution was formed,
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and received the signatures of all the members of the convention, on the 22d of January.
The preamble of this document, describes the limits of the new state, and declares the erection of the terri- tory into a state, by the name of Louisiana.
The powers of government are divided into three distinct branches; each of which is confided to a sepa- rate body of magistracy, the legislative, executive and judiciary ; and it is declared that no person or number of persons, of any of the magistracies, shall exercise any power confided to any of the others.
The legislative powers are vested in a general as- sembly, composed of a senate and house of represen- tatives.
The election is to take place on the first Monday of July, in every other year.
The qualifications of electors are the same, in re- gard to the senate and house of representatives.
Every free white male citizen of the United States, having attained the age of twenty one years, and re- sided one year in the country, and having, within the last six months paid a state tax, or being a purchaser of lands of the United States, is entitled to a vote.
Free white male citizens of the United States, hav- ing attained the age of twenty-one years, resided in the state during the two preceding years, and during the last in the county or district, and holding landed property therein to the value of five hundred dollars, are eligible as members of the house of representa- tives.
The number of representatives is to be ascertained and regulated by the number of qualified electors; a census thereof is to be taken in every fourth year
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tricts, which are forever to remain indivisible, and each of which elects a senator.
Each senator must be a citizen of the United States, have attained the age of thirty years, and have double the time of residence and value of property, required of a member of the house of representatives.
Senators are elected for six years, one third of them going out every second year.
In either house, a majority of its members consti- tutes a quorum, but a less number may adjourn and compel attendance.
Each is judge of the qualifications and elections of its own members ; appoints its officers ; determines the rules of its proceedings; may punish, and, with the concurrence of two thirds, expel a member, but not a second time for the same offence; keeps and publishes a weekly journal of its proceedings, and enters, there- on, the yeas and nays, at the desire of two members.
Neither, during the session, can, without the con- sent of the other, adjourn for more than three days, nor to any other place, than that in which they respec- tively sit.
The members of each house receive a compensa- tion for their services, from the treasury. - Except in cases of treason, felony and breach of the peace, they are privileged frorn arrest, while sitting in, going to, or returning from the house, and for any speech therein, cannot be questioned elsewhere. They are, during the period of their service and the following year, in- eligible to 'any office created, or the emoluments of which were increased during the period for which they were elected, unless the office be filled by the suf- frages of the people.
CHergymen, priests or teachers of any religious per- su'asion, and collectors of public taxes, not duly dis-
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charged, are ineligible as members of the general as- sembly.
Every bill is to be read three times, in each of the houses
Bills for raising a revenue originate in the house of representatives; but the senate may propose amend- ments.
The executive power is vested in a governor.
He must be, at least, thirty-five years of age, have resided six years in the state, immediately before the election, and hold, in his own right, a landed estate of the value of five thousand dollars, according to the tax list.
Members of congress, persons holding any office under the United States and ministers of any religious society, are incligible as governor.
Every fourth year the electors of members of the legislature vote for a governor, at the time and place at :which they vote for the legislature; and, on the se- cond day after the meeting of that body, the members of both houses meet in the house of representatives, choose a governor out of the two individuals having received the greatest number of votes from the people: but, if more than two have such a number, the mem- bers vote for them in the same manner: but if more than one individual have an equal number of votes, next to the one who had the highest, they vote for one of the former, to be voted for with the latter.
In this, as in all other elections, the votes are taken by ballot.
The governor is commander in chief of the army and navy, and of the militia, except when the latter is in the service of the United States; but does not act personally in the field, unless so advised by the legisla- ture. He nominates and appoints, with the advice - .
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and consent of the senate, judges, sheriff's and all other officers, created by the constitution, whose appoint- ment it does not vest in other persons; he fills, pro- visionally, all vacancies happening during the recess of the legislature; he has power to remit fines and for- feitures; except in cases of impeachment, he grants reprieves, and, with the approbation of the senate, pardons; in case of treason he grants reprieves till the meeting of the general assembly, who alone may pardon.
HIe may require information, in writing, from any officer in the executive department, on any matter re- lating to their respective offices.
He gives, from time to time, to the general assem- bly, information respecting the situation of the state, and recommends measures to their consideration, and takes care that the laws be executed.
On extraordinary occasions, he convenes the gene- ral assembly, at the seat of government, or elsewhere in cases of danger. If the houses disagree, at the time of their adjournment, he adjourns them to any day within four months.
Ile visits the several counties, at least, once in every two years.
Every bill, after having passed both houses, is sent to the governor, who signs it, if he approves of it; oth- erwise he returns it to the house from whence it came, with his objections, where, after they are entered on the journal, the bill is reconsidered, and if two thirds of the members elected, vote for it, it is sent, with the objections, to the other house, and becomes a law, if voted for there, by two thirds of the members elected.
Resolutions, to which both houses made assent, are sent to the governor in the same manner as bills.
If the governor do not return a bill or resolution within ten days after receiving it, his approbation is
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presumed, unless the house, in which it originated, prevents its 'return by an adjournment.
A secretary of state is appointed for the same peri- od as the governor: he attests the latter's official acts, and is the keeper of the archives.
The governor's compensation cannot be increased or diminished during the incumbent's period of ser- vice.
The judicial power is vested in a supreme and infe- rior courts. The first is composed of not less than three nor more than five judges. It sits at New-Or- leans during the months of January, February, March, April, May, June, July, November and December, for the eastern district; and at Opelousas during the rest of the year, for the western. 'The legislature may change the place of sitting, in the western circuit, eve- ry fifth year. Its jurisdiction is appellate only, and extends to civil cases, in which the value of the matter in dispute, exceeds three hundred dollars.
Inferior courts are established by law.
The judges are conservaters of the peace through- out the state ; they hold their offices during their good behavior. They are removable on impeachment, and, for any reasonable cause, not sufficient for impeach- ment, they may be removed by the governor, on the address of three fourths of each house of the general assembly.
'The power of impeachment is vested in the house of representatives alone. The senate is the sole judge, and conviction cannot take place without the concur- rence of two thirds of the senators present.
The governor and all civil officers are liable to im- peachment for any misdemeanor in office. The judg- - ment extends only to removal and disqualification; but is subject to prosecution in other courts.
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In case of the governor's impeachment, death, re- signation or removal, his functions devolve on the pre- sident of the senate.
Provision was made for the freedom of the press; the writ of habeas corpus; the trial by jury, and the due administration of justice in criminal cases; ad- mission to bail, and the exclusion of cruel and unu- sual punishment.
The clauses, recommended by congress, were in- serted.
A mode for revising the constitution was provided.
Arrangements were made. in a schedule, for the march of the state government, at the expiration of the territorial, by continuing the officers of the former, until superseded by law.
Those who prepared the first form of a constitution, submitted to the convention, took the constitution of Kentucky for a model: they made several alterations, and others were introduced by the convention.
One of the principal was a provision for the salary of the judges of the supreme court, which was fixed at five thousand dollars: another was the obligation imposed on the judges of all couris, as often as it may be possible, in every definitive judgment, to refer to the particular law, in virtue of which, the judgment is rendered, and, in all cases, to adduce the reasons on which it is founded.
Wilkinson-Archives .- Gazettes.
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First steam boat on the Mississippi .- Apostolic adminis- tration .- Wilkinson's acquittal .- Louisiana admitted into the Union .- Conditions .- Extension of limits .- Proclamation of the president of the convention, order- ing elections, under the authority of the state .- War declared against Great Britain .- Wilkinson assumes the command of the seventh military district .- First session of the first state legislature .- Governor Clai- borne .-- The extension of limits assented to .- Hurri- cane .- Second session of the legislature .- Judicial sys- tem .- Congress directs posssession to be taken of the territory west of the Rio Perdido .- Wilkinson drives the Spanish garrison from Fort Charlotte at Mobile .---- He is ordered to the northern frontier of the U. S., and is succeeded by gen. Flournoy .- Attack of fort Mimms. The Creeks chastised at Tallusatche and other places. Embargo .- One thousand militia of Louisiana called into the service of the U. S .- Third session of the lc- gislature .- The Indians further chastised .- A fur- ther requisition of the militia -Peace with the Creeks. Brig Orpheus .- Colonel Nichols -His proclamation. He attempts to secure the assistance of the Barrataria people -Attack on fort Boyer - The Barrataria pco- ple dispersed .- Committee of defence in New-Orleans. Jackson marches to Pensacola, and compels the gover- nor to remove garrisons of his army in the forts.
On the tenth of January, 1812, the inhabitants of New-Orleans witnessed the approach of the first ves-
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sel, propelled by steam, which floated on the Missis- sippi, the New-Orleans, from Pittsburg. The cap- tain stated, he had been but two hundred and fifty-nine hours, actually on the way.
We have seen that soon after the cession, the Pope had placed the ecclesiastical concerns of the success of Louisian, under the care of bishop Carrol, · of Baltimore, he now confided them to the abbe Du- bourg, a French clergyman, who had resided for sev- eral years in Baltimore, and who came to New-Or- leans with the appointment of Apostolic Administra- tor.
The president of the United States approved, on the 14th of February, 1812, the sentence pronounced by the court martial, on the 23d of December preced- ing, acquitting Wilkinson of all the charges exhibited against him.
Early in the month of April, congress passed an act for the admission of the territory of Orleans, as a state, into the union ; but the act was not to be in force till the 30th of the month, the ninth anniversary of the treaty of cession. It was declared to be a con- dition of the admission of the new member, that the river Mississippi, and the navigable waters leading into it, and into the gulf of Mexico, should be com= mon highways, and forever frce, as well to the inhab- itants of' that state as to those of the other states and territories of the United States, without any tax, duty, impost or toll therefor, imposed by the state, and that this condition and all others, stated in the act of the preceeding session, for chabling the inhabitants of the territory to form a constitution &c. should be consid- cred, as the fundamental terms and conditions of the admission of the state into the union.
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A few days after, another act was passed, for ex- tending the limits of the state, by annexing thereto, the country south of the Mississippi territory, and east of the Mississippi river and the lakes, as far as Pearl river.
The legislature was required, in case it assented to this accession of territory, to make provision, at its next session, for the representation of the inhabitants, in the legislature, according to the principles of the constitution, and for securing to them equal rights with those enjoyed by the people of the other parts of the state: the law passed for this purpose, being liable to revision, modification and amendments by con- gress, and, also, in the mode, provided for amend- ments to the constitution, but not liable to change and amendment by the legislature of the state.
On the 12th of the same month, Wilkinson was di- rected, by the secretary of war, to return to New-Or- leans and resume his command.
Authentic copies of the late acts of congress having reached New-Orleans in the beginning of June, Poy- dras, the president of the late convention, in compli- ance with a provision of the schedule, annexed to the constitution, issued his proclamation for the election of a governor and members to the legislature.
General Wilkinson reached New-Orleans on the 8th of June.
Congress declared war against Great Britain, on the 18th.
The senate and house of representatives, according to the constitution, assembled on the 27th, and on the following day, proceeded to the election of a governor: Claiborne and Villere, the son of the gentleman who, we have seen, fell under the bayonets of a Spanish guard, in 1769, were the individuals who had receiv- ed the highest number of votes from the people: the
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former, who had a larger number than the latter, was chosen.
The first act of the legislature, was that by which the proposed extent of territory was assented to; and the next was that providing for the representation of the new citizens of the state, in its legislature, and the extension to them of all the rights enjoyed by the in- habitants of the other parts of the state. They were allowed three senators and six members of the house of representatives.
It was thought best to postpone the establishment of the judiciary department, till the new members of the legislature could be elected and take their seats; and after attending to such matters as required imme- diate attention, the legislature adjourned early in Sep- tember, to the 23d of November.
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