USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 10
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The legislature, in 1839, increased the supreme judges to five members; incorporated the Milne Asylum for destitute orphan girls and a similar one for destitute boys, due to the generosity of Alexander Milne ; established a commercial court in New Orleans ; appropriated one thousand dollars annually for five years for the support of Spring Creek Academy ; reinstated certain banks which had violated their charters in 1837 by suspending specie payments, and incorporated many towns. This legislature also anthorized
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the governor and treasurer to issue to the three municipalities of New Orleans, bonds of the state to the par value of one million four hundred thousand dollars for an equal amount of the bonds of those municipalities, providing that each municipality should first create a sinking fund for the retirement of its own bonds. The state bonds were to bear five per cent interest and run for thirty years, and the municipal bonds were to bear six per cent interest and run twenty-five years. The object of this act was to assist the city of New Orleans to make vast and much needed improvements. This legislature also went to the relief of the Clinton & Port Hudson Railroad, by lending it five hundred thou- sand dollars of state bonds and taking in pledge therefor the cap- ital stock and the other property of the corporation. It was pro- vided that the road should retire the bonds at maturity, and that, should it fail to do so, the property in pledge should belong to the state, though the company should have five years in which to redeem the same. This legislature passed a resolution to the fol- lowing effect : "That in the opinion of this Legislature a national bank properly constituted (dne regard being had to the rights of the states), cannot fail to be an important auxiliary in carrying into effect the power of Congress to create and regulate a currency of equal value, credit and use wherever it may circulate and to facilitate the fiscal operations of the general Government." For many years Louisiana had, through petitions and memorials, endeavored to induce congress to make arrangements for the final settlement of certain old Spanish and French claims, but appar- ently for no good reason that body had failed or neglected to comply wholly with the request. The legislature now passed a set of pungent resolutions courteously insisting on some definite action.
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CHAPTER VI
The Overthrow of the Whigs
T' NIE CAMPAIGN of 1840 for presidential electors was as momentous and memorable as had been those of 1828 and 1832; the Whigs swept the state as Jackson had previously done. For years the cry of the Whigs had been for Henry Clay, but now the cry was for "Tippecanoe and Tyler too." Harrison was now deemed the only man who could save the country from ruin. The Democrats argued that as Harrison's nomination was effected by the influence of the abolitionists, Harrison, if elected, would favor those fanatics and prove hostile to slavery. In fact it was shown that Harrison had previously expressed a wish for the accumulation of an enormous revenue to be used in emanci- pating the slaves. The Whigs denounced the course of the Southern members in congress in refusing to have publicly read the many petitions of the abolitionists ; they declared that the right to petition and the right to have them read and discussed by the people's representatives was a right guaranteed by the Federal constitution. The Courier of February 7, 1840, said, "The people of the South should no longer close their eyes to the danger which threatens their institutions and tranquillity-dangers which have greatly increased since a combination has been formed between the Blue-light Federalists of the Hartford convention School and the Abolitionists and Anti-Masons of New York and other States."
During the summer and autumn of 1840 numerous mass meet- ings of the adherents of both parties were held throughout the state with the greatest enthusiasm. All of the important public questions then agitating the minds of the people were fully discussed with
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much rancor, bitterness and intrigue. The Democrats clung to the principles of Jefferson and Jackson; the Whigs to those of Adams, Clay and Webster. The Democratic state convention on February 22, was one of the largest in the history of the state. Bernard Marigny presided; T. W. Scott, C. Mouton, Cyrus Ratliffe, Dennis Prieur, George Blaire and E. G. W. Butler served as vice-presidents, and Iloratio Davis, P. A. Morse, E. A. Canon and M. Morgan, as secretaries. The following electors were chosen : J. P. Plauche, T. W. Scott, Trasimond Landry, S. Hiriart and P. E. Bossier. Many strong and interesting speeches were made, and the principles of Deniocracy were sus- tained in stirring resolutions, reported by a committee consisting of Messrs Slidell, Davidson, Kenner, Hiriart and Downs. One of the resolutions was as follows :
"Resolved, That we look upon political abolitionism as a cor- roding cancer in the vitals of our country; that we deem such organization of party as not only mischievous and revolting, but anti-social, anti-national, anti-constitutional ; that we behold'in all its movements and its principles an utter disregard of all those sacred compromises in which the Constitution 'lives, moves and has its being' ; the certain rupture of those fraternal ties which held together our fathers throughout all the storms of the Revolution and eventually brought the triumph of freedom and independence."
But despite all the efforts of the Democrats, the Whigs tri- umphed throughout the state, not only in national affairs, but in nearly all towns and parishes. Their meetings were character- ized with a fervor, vigor, strength and ring that alone betokened victory. Alexander Mouton was named thus carly as the Demo- cratic candidate for governor. The Whigs controlled the legisla- ture and hence named the United States senators. The Courier said in March, 1840, "Democracy has vast odds to contend with in Louisiana-for years the influence of 1,000 office holders under the State has been against us and a back-stair influence at Wash- ington has been exerted in favor of old Federalists wearing the cloak of republicanism." In the spring of 1840 the Whigs elected their candidate for mayor of New Orleans-Freret-over the Democratic candidate-Genois. After recounting all the evils suffered by Louisiana, the Courier of January 1, 1840, asked : "Who are the authors of all these evils ?- who but the imbecile or corrupt representatives calling themselves Whigs, but in reality aristocrats, to whom the people of Louisiana blindly confided the task of legislating for them?" At the July clection the Whigs only about held their own for state offices, which fact greatly
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encouraged the Democrats. At the November election the Whigs carried Orleans parish by about 933 votes. They also carried the state for Harrison by the following vote: Harrison 11,297; Van Buren, 1,617. The legislature on joint ballot was substantially Whig.
In 1840 the governor attributed the destruction of credit throughout the country to the refusal of President Jackson to charter the United States Bank. He observed that the suspension of specie payments by the banks had been resorted to again, because it was found impossible to meet the steady drain upon them for specie. It thus came about that there was a revival of the panic though in a milder degree. Great hardship ensued throughout the state, and continued during the year 1841, though the banks had by that time resumed under the protection of the legislature. In 1841 congress granted to Louisiana 784,320 acres for the benefit of her public schools. Thus after so many years of waiting and pleading, were the overflowed sixteenth sections made good. The year 1842 is principally noted for the assistance given to the banks by the legislature. That body provided for the liquidation of such banks as might be insolvent. Those that were really solvent were benefitted, but those the reverse were compelled to sink in the financial slough of depression. The con- sequent business disasters were numerous and were felt for many years afterward. The state revenues fell off immensely, and col- lections were the lowest ever recorded in the state. Aid to many worthy industries and institutions was refused. Public expend- itures were curtailed in every manter consistent with honor. Repudiation was denounced by Governor Roman, though openly advocated by many.
In 1840 large appropriations were given to the cause of educa- tion throughout the state, and many institutions were incorpo- rated. The act of March 28, 1840, abolished the old writ capias ad satisfaciendum, or imprisonment for debt, but only in a some- what modified form. It was ordered that all debtors in actual custody on the tenth of May, 1840, should be discharged. The Louisiana Society of Natural Ilistory and Sciences and the Jef- ferson & Lake Pontchartrain Railroad Company were incorpo- rated.
The legislature of 1841 passed laws providing for the submis- sion to the people at the next election of the question of calling a convention to revise the state constitution ; prescribing a heavy penalty for all lotteries not authorized by law ; repealing the act incorporating the Agricultural Society of Louisiana and ordering
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the sale of the model farm, the proceeds from which to be used in paying the state bonds that had been issued many years before in favor of the heirs of Thomas Jefferson ; making it unlawful for any bank to issue for circulation any notes or other obligations "except such as are payable in gold or silver and on demand;" reviving the charters of all banks that should at once take effectual steps to resume specie payments ; asking from congress an appropria- tion to complete the survey of all the lands that had not been surveyed; demanding that a stop should be put to the many wrongs and outrages committed by the Mexicans upon citizens of the United States; authorizing an election to decide upon the question of a constitutional convention ; authorizing an investiga- tion of the claim of Bernard Osmanlis that he had devised a pro- cess to manufacture white sugar by an inexpensive process ; appropriating a sum of money to pay W. M. Carpenter, C. G. Forshey and V. Trastour for making a geological survey of Louisiana ; providing for the liquidation of banks; incorporating the Louisiana Association, the object of which was to establish a national library in New Orleans and "to contribute by all hon- orable means to the political progress and improvement of the Louisianians ;" preventing more effectually free persons of color from settling in the state; improving the discipline of the militia of Louisiana ; providing for the assessment of a direct tax on real estate; making important changes in the school law; giving the officers of Charity Hospital the right to collect from vessel mast- crs for the use of the hospital a per capita tax on all passengers brought in by such vessels ; paying the interest on certain railway Fonds which could not be met by the companies; employing colored male convicts on the public works, and urging the import- ance of a final settlement of the claims on the Maison Rouge grant.
In 1841 the Whigs named Henry Johnson for governor, and the Democrats named Alexander Mouton. The campaign was unusually warm, and Governor Roman advised the curtailment of party enthusiasm and all unfair measures. He said, "That party spirit, which has often confounded subjects entirely local with those which belong to the Federal administration must hence- forth disappear from among us." He noted the enormous debt of the state to the banks, and called attention to the important fact that the expenditures were greater than the revenue. He denounced log-rolling in the assembly. The legislature of 1841 voted as follows for United States senator: Alexander Barrow 36, W. C. Nicholas 20, blank 1. The vote for governor in 1842 was as follows in Orleans parish : Mouton 977, Johnson 1,228;
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but Mouton triumphed in the state as a whole, his majority being approximately 1,600.
The people having voted at the general election in the year 1842 in favor of holding a constitutional convention, the legislature appointed July 1, 1843, for an election of delegates to such con- vention. The legislature of 1843, took steps to remodel the insolvent laws of the state. It also incorporated the Medico-chi- rurgical society ; made a new apportionment of the state for con- gressmen, now being entitled to four representatives instead of three, as heretofore; demanded the restoration to General Jackson by congress of the one thousand dollars which had been imposed upon him as a fine in March, 1815, by Judge D. A. Hall, and directed Louisiana to refund the same in case congress should refuse to do so; amended the black code; incorporated the New Orleans Female Orphan Asyhun; incorporated the Louisiana Association of Veterans of 1814-15, and extended the thanks of the state "to Francis Gardere for his able, efficient and faithful achininistration of the finances of the state during the last fifteen years."
In 1843 Alexander Mouton succeeded Mr. Roman as governor of Louisiana. At the outset of his administration he called the attention of the people and the legislature to the fact that the government might in the end interfere with the institutions of the individual states, meaning with slavery. He tokl the people to rely more upon themselves and less upon the government in the days of financial depression. Ile likewise dwelt on the injustice of congress in neglecting for so many years to grant Louisiana lands similar to those granted to other states. He observed that many unadjusted claims to land in the state, after more than forty years of waiting, were still unsettled. Bills to that effect had been often introduced, but had; failed of passage in that branch of congress having a majority of Northern members. He noted that the finances were in extremely bad condition, that the state owed heavily in many quarters, that interest on the state debt was unpaid, that the expenses of the state exceeded its income by about two hundred thousand dollars annually, that the treasury was exhausted, and that taxation was as much as the people would bear. He contrasted the present deplorable condition of commerce with that which had prevailed before the panic. But he made several wise recommendations, and the legislature passed several efficacious laws. Ile seemed to think the banks largely responsible for the prevalent distress.
In early years Louisiana was largely neutral on the question of national politics. At first her population took little interest in the
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questions which agitated the East, but with the candidacy of General Jackson for the presidency she changed her apathy for active support of the "Hero of New Orleans." But previous to the war with Mexico, the state was in reality a Whig common- wealth, with occasional Democratic successes, sufficient to whet their appetite for the emoluments of office. From 1836, when Texas gained her independence, to 1844, when it became neces- sary for the state to decide on the question of Texas annexation, the state may be said, except in 1840, to have steadily changed from Whig to Democracy. In 1844, largely through the influ- ence of Jolm Slidell, the electoral vote of the state was cast for Mr. Polk and his election was thus made certain. This election settled the fate of Texas, because it was succeeded by the annex- ation of that immense domain and at the same time precipitated the war with Mexico. It was claimed by the Whigs at the time that Mr. Slidell had practiced gross frauds at the polls and in the campaign, but there is nothing to show that his enterprising course was illegal. After this memorable campaign, Mr. Slidell continued to wield great influence in the councils and campaigns of his party. The sugar interest had supported Mr. Clay for the presidency, because it was thought that the annexation of Texas would result in an overproduction of that staple. Many had sup- ported Mr. Polk in order to secure an extension of slave territory. The vote for presidential electors in 1844 was as follows: Polk 13,782, Clay 13,083.
In the presidential campaign of 1844 the Whigs of the state pointed to the fact that Mir. Polk had voted in 1842 for a lower duty on sugar. The Whigs generally supported Clay, who had been defeated twice by General Jackson-1824 and 1832-and had been thrust aside in 1840 to make room for Harrison, but who now in 1844 was again brought forward to lead them to victory. In the state, Roman, White and Johnson had for years been the "trin- ity" of the Whigs, but the campaign of 1844 completely crushed the Whig power in Louisiana. Among the Democratic leaders at this time were John Slidell, Alexander Mouton, Pierre Soulé, Felix Huston, Seth Barton, George Eustis, J. R. Grymes, Charles Gayarre and J. B. Planche, who was called the "Father of New Orleans Democracy." Among the leading Whigs were J. P. Benjamin, Christian Roselins, Charles M. Conrad, Henry John- son, E. D. White, A. B. Roman, W. C. C. Claiborne, John Albert- son, A. Mazurean, M. Cruzat, A. Pilie, J. Lavergne, A. D. Cross- man, D. F. Butler, F. Gardere and L. Druguand. The Whigs declared that the election of Clay meant the restoration of a high duty on sugar and would thus greatly benefit Louisiana. In June,
LOUISIANA, OVERTHROW OF THE WINGS.
1844, a large Democratic mass meeting denounced the two Whig United States senators-Barrow and Johnson-as "having for- feited the confidence of the people of their State and being no longer fit to represent it in the national councils and that they should at once resign." This meeting demanded the immediate annexation of Texas. The election laws were in such a crude condition in 1844 that great confusion resulted at the polls. The Democratic leaders declared that the Whig inspectors wrongfully threw out over 1,600 Democratic votes, but this was denied by the Whigs, who likewise denounced the Democrats for their wrongs upon the elective franchise.
In 1844 the legislature urged upon congress the importance of confirming the remaining French and Spanish grants, as the delay was interfering with the settlement of the state; continued the policy of employing the convicts on the public works; divided the state into six electoral districts instead of five, as heretofore; asked for the protection of the Gulf that the harbor at Pensacola should be made "accessible to vessels of every class and to the placing of the navy yard there as speedily as possible in a condi- tion to build, repair and equip men-of-war;" urged the clearing of the mouth of Red river, which was in danger of stoppage; ordered for July, 1844, an election of seventy-seven persons to serve as delegates to the state constitutional convention ; provided for the establishment of a house of refuge for juvenile delin- quents ; created the office of state librarian; took steps for the settlement of the state debt proper ; incorporated the State Agri- cultural and Mechanics Association and the Grand Lodge of Odd Fellows, and made full provision for the constitutional conven- tion at Jackson.
In 1845 the legislature declared "that it is their deliberate opinion that a majority of the people of Louisiana are in favor of the immediate annexation of Texas to the United States by any lawful and constitutional means ; provided, it be stipulated in the act of annexation that Texas shall enjoy all the rights and priv- ileges now secured to that portion of territory ceded by France to the United States under the name of Louisiana and lying south of thirty-six degrees and thirty minutes north latitude." This assembly also urged congress to build a custom-house in New Orleans; complained of the inefficiency of the postal service between Washington and Louisiana ; appropriated thirty thousand dollars additional to the fifty thousand dollars previously appro- priated to cover the expense of the constitutional convention at Jackson; revised and reduced the fee bill of the state, and
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amended the act of 1841 authorizing New Orleans to establish therein public schools.
In 1845 the vote for governor was as follows: Debuys, Whig, 11,101 ; Johnson, Democrat, 13,380. The Democratic party was now all-important in Louisiana. In nearly all public meetings of cither party the course of the Abolitionists was regarded with alarm and indignation, and with a growing determination to resist any interference with slavery. Giddings, in particular, was condemned, because he favored disunion in order to get rid of slavery. The Wilmot Proviso was likewise bitterly opposed. The Daily Delta of January, 1848, said, "We hold that any attempt to impose the anti-slavery clause upon any new territory which we may acquire would be a violation of the Constitution-a vio- lation of natural right and an outrage not only upon the people of the South, but also upon the people of the new territory. If we acquire any new territory, it must be in terms of equal rights with the rest of our territory." In 1846-47, although the Dento- crats had a small working majority on joint ballot in the legisla- ture, they gave the speakership to the Whigs in order to secure harmony and a unity of action. Thus P. W. Farrar of Orleans parish, was chosen over H. Phillips of DeSoto parish. Again, in 1847-48 Farrar was chosen over Phillips by a vote of 48 to 46. In 1848 the governor assailed the provisions of the Wilmot Proviso and the acts of ten states in instructing their representatives in congress to oppose an extension of slave territory, or any exten- sion of territory where slavery was to be introduced.
From an early period the North and the South came in conflict in many ways on the subject of slavery. Soon it came to be a common occurrence for runaway slaves to seek and obtain refuge from their masters on board the ships from the North vis- iting Southern harbors. It was even the case that slaves who had long before escaped and had reached the free states came back as sailors to the South on board such vessels. The vessel masters made no scruple against assisting the runaways, and as a conse- quence the Southern owners were forced to invade the vessels with the necessary officers and force for the purpose of reclaim- ing the runaways. If a slave who had previously escaped was recognized he was arrested with the other runaways. It naturally occurred that sometimes free colored persons were arrested under the claim that they were escaped slaves and were taken on shore and reduced to slavery. The legislatures of several of the North- ern states passed resolutions denouncing such action of the slave owners. Massachusetts authorized her governor at his option to appoint an agent at New Orleans to observe to what extent "free-
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colored citizens of Massachusetts were seized, imprisoned and whipped" under such circumstances. This did not deter Louis- iana from continuing her previous course, and the governor of Massachusetts found that no one at New Orleans would consent thus to act as his agent.
In 1842 Massachusetts resolved that the imprisonment of any citizen of that state by the authority of any other state "without the allegation of the commission of any crime, and solely on account of his color, is a gross violation of the Federal Constitu- tion, as well as the principles of rational liberty." The governor was authorized to take such cases into the courts but still no relief came. In 1843 Massachusetts authorized her governor to send to New Orleans for one year an agent instructed to note all cases complained of and to institute legal action for the purpose of setting free such free colored persons as were thus unlawfully arrested and held in Louisiana. Henry Hubbard was appointed as such agent at New Orleans. Samuel Hoar, who was sent to Charleston, S. C., for the same purpose, was driven from the state by the people, on the ground that he was "a dangerous emissary of sedition." Mr. Hubbard, though not driven from Louisiana, made no headway, as he was recognized in no way by the gover- nor or other officials.
In March, 1845, Massachusetts strongly protested against the course of Louisiana as a violation of the Federal constitution ; but the South took the ground that free negroes were not the citi- zens referred to in the constitution, where it is said that "the citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states." Later in March, 1845, Massachusetts passed resolutions demanding such an exten- sion of the laws of the United States as would give the citizens of Massachusetts ( free colored persons) exemption from the acts of the South complained of. In response Louisiana passed the fol- lowing resolution : "That the General Assembly of Louisiana do hereby protest against the interposition of the state of Massachu- setts between the police regulations of this state and persons affected by them as an interference subversive of our domestic order and dangerous to the public peace; that this state will not recognize nor tolerate any mission, private or public, for the pur- pose of bringing and prosecuting suits in behalf of colored per- sons at the expense of that state with the view of testing the legality of their imprisonment."
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