USA > Louisiana > The history of Louisiana : from the earliest period, Volume II > Part 6
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1. An exemption from duty is granted, during the same period, on negroes imported into Louisiana or West Florida; and permission is given to procure them in the colonies of neutral or allied powers, in exchange for produce or specie; paying only for such produce and specie, the duties mentioned in the seventh article.
5. In order that the colonists may fully enjoy the favours and privileges now granted, they are permit-
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1785]
ted, during the term of two years, to be computed from the proclamation of peace in New-Or- leans, to purchase foreign vessels free from duty, and such vessels are to be considered as Spanish bot- toms.
6. The exportation of pipe and barrel staves from Louisiana to Spain, is permitted, free from duty.
7. It being just that commerce should contribute to the charges of the colony, and the expenses it occa- sions, a duty of six per cent. is laid on all merchan- dise exported and imported by the king's subjects in the peninsula, Louisiana, and West Florida, accord- ing to a moderate assessment.
8. Custom-houses are to be established in New- Orleans and Pensacola.
The preliminary articles of peace between the United States and Great Britain were signed at Paris, on the thirtieth of November.
Le Breton and Morales were the ordinary alcades for the year 1783, and the following one.
Rodriguez succeeded Mazange in the clerkship of the cabildo.
The king having directed Galvez to select a briga- dier-general ofhis armies, to act as captain-general of the province of Louisiana during Galvez's absence on the intended expedition against Jamaica, he made choice of Don Joseph de Espeleta.
'The preliminary articles of peace between Great Britain, France, and Spain, were signed at Paris, on the twentieth of January.
The definitive treaties between Great Britain, the United States, and Spain, were signed, at Paris, on the third day of September.
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By the first, the king of Great Britain acknowledg- ed the independence of the United States, and recog- nised, as their southern boundary, a line to be drawn due east from a point in the river Mississippi, in the latitude of thirty-one degrees, north of the equator, to the middle of the river Apalachicola or Cataouche; thence along the middle thereof to its junction with Flint river; thence straight to the head of St. Mary's river; and thence down along the middle of St. Ma- ry's river to the Atlantic ocean.
The description of this line is important, as it became the dividing one between the possessions of Spain and the United States.
By the eighth article, it was expressly provided that the navigation of the Mississippi, from its source to the gulf, should forever remain free and open to the subjects of Great Britain and the citizens of the United States.
By the second, Great Britain warranted the pro- vince of West Florida, and ceded that of East Flori- da to Spain. Eighteen months were given to British subjects, settled in these provinces, from the date of " the ratification of the treaty, to sell their property, receive their dues, and transport their persons and effects, without molestation on account of religion, or under any other pretext whatever, excepting that of debt or crime.
The claims of Spain and the United States, under this treaty, were not easy to be reconciled, and soon opened a source of contention, which lasted for a series of years. The Catholic king, under an actual possession, and the guarantee of Great Britain, laid claim to all the territory as far as the mouth of the river Yazoo. We have seen, in the last chapter of
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1783]
THE FOURTII. 73
the preceding volume, that immediately after the peace of 1762, on possession being taken by Great Britain, the northern boundary of West Florida was fixed at the thirty-first degree of north latitude; but was afterwards extended to a line drawn due east from the mouth of Yazoo river, in latitude 32. 28. with the view of comprehending, within the limits of the province, some important settlements-Spain contending that the limits being then fixed in the commission of the British governor, had continued the same until the signature of the treaty.
The claim of the United States to the navigation of the Mississippi, below their southern boundary, was also resisted. The Catholic king, as owner of both banks of the stream, claimed the exclusive owner- ship of it, and the consequent right of preventing other nations from navigating is.
The United States contended they had the right of going as far as the southern boundary assigned to them by their title-it being a natural one; because the definitive treaties between Great Britain and Spain and them, bearing thesame date, thatof the pre- liminary articles ought to be resorted to, in order to ascertain the priority of right; and Spain could not urge a warranty stipulated in her preliminary articles against the United States, who had a previous title from her warrantor.
In support of their claim to the navigation of the Mississippi to the gulf, the United States contended that Spain derived every right which she had to the river and its navigation, from France, under a treaty posterior to the one by which the latter power had ceded to Great Britain the right of navigating the stream to the gulf; that the United States having succeeded to the rights of Great Britain, to the left
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bank above the bayou Manchac, had equally done so to that of its navigation; which right, moreover, had been expressly ceded by Great Britain in the lat- ter treaty.
The last proposition was not, perhaps, absolutely correct, Great Britain not having ceded her right, but merely a participation in it.
Archives-Gazettes-Stoddard -- Marshal.
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THE FIFTHI.
1785]
CHAPTER V.
Galrez's promotion -- Lepers -- Unzaga's residence. -Census .- Colonial expenditures .- A commis- sary of the holy office .- Acadians .- Commerce. -Bando de buen gobierno-Don Pedro Piernas. -Kentucky .-- Irish priests .- Don Diego de Guardoqui .- Trade with the western part of the United States .- General Wilkinson .- Trade with Philadelphia .- North-Western Territory of the U. S.
The ordinary alcades, on the first of January, 1785, were Forstall and Kernion.
Early in this year, Galvez received a commission of captain-general of the island of Cuba, and of the provinces of Louisiana and East and West Florida, which superceded Espeleta's. In the summer, on the death of his, father, he was promoted to the vice- royalty of Mexico, but retained the captain-general- ship of Louisiana and the Floridas.
'There being a number of personis in the province affected with leprosy, the cabildo erected an hospital for their reception, in the rear of the city, on a ridge ofhigh land between it and bayou St. John, which is probably the ridge anciently separating the waters of the Mississippi from those of lake Pontchartrain.
Miro now received and executed a commission of judge of residence of Unzaga.
Residence is a term, which, in the jurisprudence of Spain, is used to designate an inquiry which takes place into the official conduct of any public functiona-
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ry, whenever by death, removal, or any other cause, he has ceased to execute the duties of his office. The decision of a judge of residence is reviewed, on appeal, by the council of the Indies. The inquiry is made at the principal place of the district in which the late officer exercised his functions. One would suppose that the fear, which the investigation of every act, public or private, of an officer whom any one may accuse, and who is given up, in some mea- sure, to every species of reproach and vexation, even from envy and malice, would insure the zealous and upright discharge of his duties; that those who are governed by an officer surrounded by a vigilance which a thousand motives may call into activity, would find, in the residence, the most effectual safe- guard against his passions, his avarice, and his par- tiality. And yet, there is no part of the world where abuses of authority are of more frequent oceurrence, than in the Spanish provinces; and the rapidity with which officers amass large fortunes, is an evidence that there is no obstacle which the love of gain will not surmount, and that the same want of principle which prompts the commission of dishonest acts, will also suggest the means of avoiding their consequences. Ifany officer thinks of the residence, it is to intimi- date those whom he might fear, or to purchase their silence. There is a league between all persons in pla- ces subjected to a censure, which has alway caused it to degenerate into a mere formality.
An accurate census of the inhabitants of Louisiana and West Florida was taken this year, by order of Galvez, which produced the following results:
Within the city of New-Orleans, 4980
From the Balize to the city, - 2100
At the Terre-aux-Bœufs. 576-7656
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1785]
THE FIFTH.
[brought over,]
7656
On the bayous St. John and Gentilly, 678
'Tchoupitoulas,
7046
Parish of St. Charles,
- 1903
St. John the Baptist,
1300
St. James,
1332
Lafourche,
616
Do. interior,
352
Iberville,
673
Pointe Coupée,
1521
Opelousas,
1211
Atakapas,
1070
New Iberia,
125
Washita,
207
Rapides,
88
Avoyelles,
287
Natchitoches,
756
Arkansas,
196
In Lower Louisiana,
27,016
St. Genevieve,
591
St. Louis,
897
In Upper Louisiana,
1,591
Manchac,
77
Galvezton,
242
Baton Rouge.
270
Natchez,
1550
Mobile,
716
Pensacola,
592
In West Florida,
3,477
Grand Total, 32,114
Deducting, from the grand total, 3177 persons, the population of West Florida, and 1053, the number of those brought, at the king's expense, from the Cana- ry islands and Malaga, there remains a balance of
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27,581 souls; which show that the population, at the arrival of O'Reilly in !769, was more than doubled in sixteen years, by ordinary means.
The number of white persons was 14,217: that of coloured free ones, 1203; that of slaves, 10,591.
A statement was made by the intendant, by order of the captain-general, of the expenses of the province for this year, and is as follows:
ÉTAT MAJOR.
The governor and captain-general's salary, $10,000
Assessor of government,
2,000
Secretary of do. 1,000
First clerk in the secretary's office,
600
Town major,
1,200
Aid do.
740
Adjutant,
600
English interpreter,
480
Surveyor-general,
420
Boat's patroon and scamen,
1,380
Officers attached to no particular corps,
1,752
Lieutenant-colonel,
1.752
Two do. with -rank, but pay of $372 only,
744
Four captains,
1,584
One do.
210
'Twelve lientenants,
4,320
Four sub-lieutenants,
1,152
ARTILLERY.
A company complete.
18,417
A storekeeper
510
An assistant do.
300
A master armourer,
220
[Total carried over] 49,451
Colonel with lieutenant-colonel's pay,
1785}
THE FIFTH. 79
(brought over) 49,451
INFANTRY.
A regiment of infantry, DRAGOONS.
300,838
A company complete, 11,230
A house for their barracks, 350
CARABINIERS.
An adjutant, 330
MILITIA.
An adjutant-major,
728
A second do. 240
1,878
A major-commandant of free people of colour,
210
FORTIFICATIONS.
A director, storekeeper, surveyor of the works,
and two servants,
1,620
REVENUE DEPARTMENT. INTENDANCY.
An intendant,
4,000
Assessor,
1,500
Secretary and two clerks,
1,100
Office expenses,
200
Notary of the marine,
500
A boat and crew, COMPTROLLER'S OFFICE.
1,380
A comptroller, (contador)
1,600
Four clerks,
1,950
Office expenses,
100
TREASURY.
A treasurer,
1,200
Two clerks,
700
Office rent and expenses,
800
CUSTOM-HOUSE.
A collector,
1,200
[Total, carried over]
383,125
Seven serjeants and four corporals,
CHAPTER
[1785
[brought over]
383,125
Coursroller,
1,000
Casier.
800
Foor clerks,
1,550
A marcher,
700
Guard major. 600
Twelve guards,
2,400
Boat and crew,
1,104
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ROYAL HOSPITAL.
A comptroller $600, commissary $300, 900
Steward 180, physician 600, 1,080
Chaplain 180, first surgeon 600, 1,080
Assistant surgeon, 360, mate 192, 552
Two minor surgeons 360, apothecary 480, 8-10
A pothecary's servant, attendants and cook, 964
Provisions and medicines, 18,000
· SCHOOLS.
A director, 700
'J'wo masters, 1,050
CHURCHI ESTABLISHMENT.
N. Orleans, a curate SIS0, four assistants 1260, 1,7.10 Terre-aux-Bœufs, a curate, 210
St. Charles, a curate-St.John the Baptist, do. 480
St. James, a do .- Ascension a do. 480
Iberville, a do .- Pointe Coupée, a do. 480
Attakapas, a do .- Opelousas, a do. 480
Natchitoches, a do .- Natchez, a do. 480
St. Louis, a do .- st. Genevieve, a do. 480
Galveston, a do. and Sacr stan 5 10, expenses 50, 590
Allowance for wax lights to country parishes, 300
Boarding of six nuns, at the king's expense, 720
do. twelve orphan girls, 360
['Total, carried over] 423,985
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1785]
THE FIFTHI. 81
[brought over,] . 423,985
CABILDO.
Six regidors, 300 .
POSTS.
Balize-a pilot 200, two patroons 210,
4.10
Sixteen seamen, each 72, 1,152
Head pilot, 360
Allowance for seamen and troops, purchase of boat, &c. 4,500
Natchez, a garrison, and sixty men,
6,000
Adjutant, 480
ST. LOUIS.
An adjutant 510, two storckeepers 738,
1,218
A surgeon 360, Indian presents 214, 574
CIVIL COMMANDANTS.
Two who do not belong to the army,
200
A keeper of boats in town, 180
Extra expenses, 10,000
'Total expenses in Louisiana, MOBILE.
$149,389
A governor 2000, chaplain 360,
2,360
Sacristan 180, chapel expenses 50,
230
English interpreter 180, storekeeper 600,
780
Adjutant 300, guard 180, Do. of artillery 300, armourer 360, 1 660
480
Surgeon, mate, and nurses, 1,140
1,296
Patroon and hands of city launches, DAUPHINE ISLAND.
A pilot and four sailors, CATTLE PLANTATION.
696
A herdsman, an assistant, and a labourer, Extra expenses, 1
5,000
[Total, carried over]
462,931
VOL. II. 11
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,
[brought over] PENSACOLA.
462,931
A governor 300, town-major 900,
: 3,900
Adjutant 720; his aid 600. 1,320
Storekeeper 600, engineer 1180, 1,280
Armourer 360, adjutant of artillery 420, 780
Blacksmith 350, keeper of the works 2240,
800
Military storekeeper and assistants,
1,200
Comptroller 1200, two clerks 780, office ex- penses 50, 2,030
Treasurer 1200, clerk 360, office expenses 50, 1,610
Hospital director 780, steward 360, 1,110
Surgeon 780, mate 440, two aids 600, 1,820
Apothecary 600, an assistant 300, 900
Four nurses and a cook, 1,080
A curate 410, assistant 360,
800
Sacristan 180, chapel expenses 50,
230
Pilot 300, patroon 111, twelve sailors 1410, 1,884
A carpenter, cooper and caulker, 360 each, 1,080
Extra expenses, 12,000
New settlers and Indian affairs,
A contador 1600, two clerks 960, 2,560
House rent 180, office expenses 50, 230
Storekeeper 360, commissioner 360, 720
Interpreter 510, assistant 300, 840
360
A commandant 300, surgeon 360. Galvezton 660
A surgeon 360, commissary 180, Valenzuela
5.10
A pensioner,
320
An armourer at New-Orleans,
300
Indian interpreters at Natchez, Natchitoches, and Pointe Coupée. 372 276
Interpreter and armourer at Arkansas,
[Total, carried over] 504,462
..
A surgeon at Terro-aux-Berufs,
£
8,3
THE FIFTH.
1785]
[brought over] . 504,462
Interpreter and armourer at St. Louis, 310
Commissary and do. at Mobile, 1,080
A storekeeper and two interpreters at Pen- sacola, 1,620
Presents and extra expenses,
29,782
$537,285
Let us contrast these expenses with those of a re- publican state, that of North Carolina, in the preced- ing year :
The governor,
$2,000
Private secretary,
400
Conacil of state, 200
Secretary of state,
350
Comaroller,
1,600
His five clerks, .
1,100
Stationary,
200
Three judges of the supreme court,
5,200
Attorney-general,
1,320
'Three delegates in congress,
6,720
Treasurer,
1,460
Clerks and stationary,
1,100
Ten boards of auditors,
4,800
Commissioners of account,
240
The legislature,
30,000
Public printer,
1,000
$56,930
The population of North Carolina was, at this pe- riod, 377,721 pec-on ; so that her expenses were that year a little more than fifteen cents per head- while those Louisiana were sixteen dollars and fifty-five cents. Those expenditures, in the first case,
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[1785
were paid by the inhabitants; in the latter, by the sovereign.
- An attempt was made to introduce the Inquisition into the province. A clergyman of New-Orleans received a commission of commissary of the holy of- `fice in Louisiana. Miro had it particularly in charge not to allow the exercise of any inquisitorial functions, within the colony committed to his care. He gave carly information of this to the commissary, who thought himself bound to attend to the orders of his spiritual, rather than those of his temporal, superi- ors: and one night, whilst he was peaceably slum- bering, he was disturbed by an officer heading eigh- teen grenadiers, who lodged him on board of a ves- sel, which, at break of day, sailed with him for Spain.
According to an arrangement between the courts of France and Spain, the province received this year a very considerable accession of population, by the arrival of a number of Acadian families, who were supported by the French king, and came over to join their friends who had migrated to Louisiana, as we have already mentioned, in 1753. They settled, mostly, on both sides of the Mississippi river, near Plaquemines; but a number of the families went to increase the settlement on 'Terre-aux-Bœufs, on the bavon Lafourche, and in the districts of Atakapas and Opelousas.
The period of eighteen months, which had been granted to British settlers to sell their property, col- lect their debts, and remove their persons and effects from East and West Florida, by the late treaty be- tween Spain and Great Britain, being expired, Miro, with the approbation of Galvez, extended the time, to settlers in West Florida, till the pleasure of the king was known.
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THE FIFTH.
1786]
The royal schedule, of 1782. had revived the trade of Now-Orleans; and a number of commercial hou- ses from France had established themselves there. The planters, however, regretted the time when British vessels plied on the Mississippi, stopping be- fore every house, furnishing the farmer with whater- er he wanted, accepting in payment whatever the lat -. ter had to spare, and extending a credit almost un- limited in extent and duration. A number of agents had arrived from Jamaica to collect debts due to merchants of that island, the recovery of which had been impeded during the war. As the trade these creditors had carried on, could not now be continu- ed, they pressed for settlement and payment. In some cases, legal coercion was resorted to; but Miro, with as much prudence as Unzaga, on a similar oc- casion, exerted his influence to procure some respite for those who were really unable to comply with their engagements, and allowed a resort to the last extremity against those only, whose bad faith appear- ed to require it. Instances are related, in which, un- able to obtain a creditor's indulgence for an honest debtor, he satisfied the former out of his own purse.
The cabildo made choice of Orue and Dufossat for ordinary aleades, on the first of January, 1786.
By a royal order, issued at the Pardo, on the fifth of April, the king approved the conduct of Miro in the indulgence granted, last year, to the British sub- jects at Baton Rouge and Natchez, and declared his will that permission might be granted to such indi- viduals, residing in Louisiana and Florida, to remain where they were, on taking an oath of allegiance and fidelity, provided they should not move out of their respective districts without the permission of the go-
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CHAPTER [1786
vernor. Those who neglected to take the oath, were to depart by sea for some of the colonies of North America; and if they were unable to defray the ex- penses of the voyage, it was to be paid by the king, who was to be reimbursed, as far as possible, by the sale of their property.
The king further ordered that, at Natchez and other places, where it might be done conveniently, parishes might be formed, and putunder the direction of Irish clergymen, in order to bring over the inhabit- ants and their fannlies to the Catholic faith, by the mildness and persuasion it recommends For this purpose, the king wrote to the bishop of Salamanca, to choose four priests, natives of Ireland, of approved zeal, virtue and learning, from among those of his university, to be sent to Louisiana at the king's ex- pense.
Miro, on whom the provisional government had devolved on the departure of Galvez, now received a commission of governor, civil and military, of Lonisi- ana and West Florida, and issued his bando de buen gobierno on the second of June. -
A bando de buen gobierno, is a proclamation which · the governor of a spanish colony generally issues on assuming its government, to make known the princi- ples by which he intends to direct his conduct, and to introduce necessary alterations into the ordinances . of police.
In this document, Miro begins by stating that re- ligion being the object of the wise laws of Spain, and a reverend demeanor in church a consequence of it, the bishop having lately published an ediet, with regard to the respect and devotion with which the faithful are to attend the celebration of the holy mysteries, the proceedings of the vicar-general
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1736]
THE FIFTH. 87
against delinquents will receive every necessary aid from government. Working on the Sabbath and other holy festivals is prohibited, except in cases of necessity, without the license of the vicar. He forbids the doors of shops or stores being kept open during the hours of divine service, and the dances of slaves on the public square, on those days, before the close of the evening service.
He declares his intention to proceed with severity against all persons living in concubinage. He ob- serves, that the idleness of free negro, mulatto, and quarteroon women, resulting from their dependence for a livelihood on incontinence and libertinage, will not be tolerated. He recommends them to renounce their mode of living, and to betake themselves to honest labour; and declares his determination to have those who neglect his recommendation, sent out of the province-warning them that he will consider their excessive attention to dress, as an evidence of their misconduct.
Ile complains that the distinction which had been established in the head dress of females of colour, is disregarded, and urges that it is useful to enforce it; forbids them to wear thercon. any plumes or jewelry, - and directs them to wear their hair bound in a hand- kerchiet.
He announces that the laws against gambling and duelling, and against those who carry about their persons, dirks, pistols, and other arms, shall be rigorously enforced.
1
The nightly assemblages of people of colour are prohibited.
The inhabitants of the city are forbidden to leave it, either by land or water, without a passport; and those who have the province are to give security for the payment of their debte.
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CHAPTER [1786
Persons coming in, by land or water, are to pre- sent themselves at the government house.
Those who harbour convicts, or deserters, from the land or naval service, are to be punished.
Any large concourse of people, without the know- ledge of government, is inhibited.
None are to walk out at night without urgent ne- cessity, and not then without a light.
No house or apartment to be rented to a slave.
Tavern keepers are to shut their houses at regular hours, and not to sell spirituous liquors to Indians, soldiers or slaves.
Purchases from soldiers, Indians, convicts, or slaves are prohibited.
Regulations are made to prevent forestalling, hogs running at large in the streets, to restrain the keeping too great a number of dogs, and the removal of dead animals.
Measures are taken to guard against conflagrations, for draining the streets, and keeping the landing on the levee unobstructed.
Verbal sales of slaves are forbidden.
Don Pedro Piernas succeeded Miro as colonel of the regiment of Louisiana.
At the close of the war. there had been considera- ble migrations to the banks of the Ohio and the west- ern part of Virginia. A district had here been form- ed called Kentucky, the population of which exceed- ed twelve thousand souls. 'There was also a large number of settlers in the state of North Carolina, on the western side of the mountains, and many had sat down on the banks of Cumberland river. These found the inconvenience of their situation, from the
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1787]
THE FIFTH. 89
immense distance of the seat of government, near the shore of the Atlantic,so grievous, that in the preceding year they had made an attempt to erect themselves into a separate government, under the style of the state of Franklin.
The people of Kentucky had the same wish, and those of Virginia were not averse to its gratification. They enjoyed no part of the attention of the general government. Their communication with the Atlan- tic was obstructed by an immense wilderness and lofty mountains; and where these obstacles were surmounted, the distance to a sea port was still im- mense. 'The climate was favourable to agriculture; and although their land produced much more than they could consume, they could find no market for the surplus. Attempts had been made to seek one on the Mississippi, but their boats had been met and seized by Spanish officers ascending the stream with supplies for St. Louis. A convention of the people met at Danville to deliberate on the propriety of an application to congress, soliciting admission into the Union as an independent state; but the majority of that body concluded that the population of the district was too small and sparse to support the ex- penses of a separate government. Congress seemed unwilling to take any measure to procure them a free navigation of the Mississippi.
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