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 11
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The constitution of 18.45, adopted May 14, made several impor- tant alterations in that of 1812. Among other things it provided that representatives and senators should be elected on the first
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Monday in November; that the general assembly should meet every second year on the third Monday in January ; that no rep- resentative should be eligible unless he had been in the state at least three years and no senator unless he had been in the state four years; that each parish should have at least one representa- tive; that no parish should be created with less territory than 625 square miles; that the first enumeration under the constitution should be made in 1847, the second in 1855, and thereafter every ten years; that the total number of representatives should not be more than 100 nor less than 70; that electors must have resided in the state two years; that "in all apportionments of the Senate the population of the city of New Orleans shall be deducted from the population of the whole State, and the remainder of the popu- lation divided by the number twenty-eight, and the result pro- duced by this division shall be the senatorial ratio entitling a sen- atorial district to a Senator ;" that the senators should be divided into two classes to be elected biennially ; that the sessions of the assembly should be limited to sixty days; that the state treas- urer should be elected biennially by the joint action of the assembly ; that when a United States senator was to be chosen the assembly should hold such election in the ball of the house on the first Monday following the meeting; that a lieutenant governor should be chosen; that the people and not the legisla- ture should choose the governor and lieutenant-governor, except in case of a tie; that the governor must have been a resident of the state for the preceding fifteen years and should commence his term on the fourth Monday of January ; that the governor should be eligible for one re-election, and that the lieutenant-governor should be president of the senate.
It further provided that the supreme court should consist of one chief justice and three associate justices and be appointed for a term of eight years; that the sessions should be held in New Orleans and elsewhere as determined by the justices; that the next assembly should divide the state into judicial districts and provide judges for the same; that such judges should hold their offices for six years; that the district courts should have original jurisdiction in civil cases of not over fifty dollars; that cases before justices of the peace should not be for over one hun- dred dollars; that a sheriff and coroner should be elected in each parish ; that the house of representatives should be vested with the power of impeaching the governor; that in impeachment proceed- ings against the officers, they should be tried before the senate, a member of the supreme court to preside during such proceed- ings, and that judgments in cases of impeachment should extend
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only to removal from office and disqualification from holding office.
It also provided that the duration of offices not fixed by the constitution should not exceed four years ; that members of either house of the assembly might address such house in either the French or the English language; that emigration from the state should not be prohibited ; that the next assembly, the first elected under this constitution, should designate and fix a new seat of government not less than sixty miles from New Orleans; that when so fixed four-fifths of the members of both houses should determine the removal, the sessions to be held in New Orleans until the end of 1848; that the legislature should not pledge the faith of the state for the payment of any bonds, bills or other con- tracts or obligations for the benefit or use of any person or per- sons, corporations or body politic, whatever ; that the aggregate debt thereafter contracted by the legislature should not exceed one hundred thousand dollars, except in case of war, etc. ; that no lottery should be authorized by the state ; that the selling of lottery tickets within the state should be prohibited ; that the state should not become a subscriber to the stock of any corporation or joint stock company ; that the assembly should never grant any exclusive privilege or monopoly for a longer period than twenty years; that no officer, except justice of the peace, should hold more than one office; that the assembly should provide for the organization of all corporations, except those with banking or discount privileges, the creation of which was prohibited; that the city of New Orleans might change its form of government; that dueling should be punished by deprivation of office and the right of suf- frage; and that the constitution and laws of the state should be published in both the French and the English language. This constitution provided for the election of 98 representatives and 31 senators.
The independence of Texas was succeeded by the earnest wish of Louisiana that it should be soon admitted into the Federal Union. The governor voiced this prevailing sentiment, and the legislature responded as desired, but only after many objections had been urged. It was at this time that the legislature realized the danger to the state of being a stock-holder in many banks, railroads, etc. Steps to end this condition of affairs were now taken. Thus the state debt was reduced by over three million dollars, leaving a balance of less than two million dollars, which could be settled by easy payments prior to 1872. "The new con- stitution was adopted this year.
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In 1846 Isaac Johnson became governor. Upon him devolved the duty of meeting the demands of the government for troops in the war with Mexico. The first distressed call of General Taylor was met by the immediate dispatch of a strong body of militia to his assistance. Every future demand was promptly met, for this was a war in which Louisiana expected to find advantage. In 1848 the governor expatiated on the sound condi- tion of the banks that had weathered the previous storm of dis- credit. The new penitentiary was ready for occupancy, and great strides had been made under former salutary laws toward the internal improvement of the state. He advised meeting the Wilmot Proviso respectfully and temperately, but with firm and uncompromising resistance. The legislature was called in extra session in December, 1848, to make provision as required by the new constitution for the organization and support of public schools.
The election of Isaac Johnson as governor over William Debuys in 1846 placed the patronage of the state in the hands of the Democrats. At the joint session of the legislature in February, 1847, the following vote was had on the selection of United States senator : S. W. Downs, Democrat, 77 ; J. R. Grymes, 45 ; scatter- ing, 4. Mr. Grymes, though a Democrat, was the candidate of the Whigs. This was the first time in the history of Louisiana, that the Democrats had both houses of the legislature and in addition the governor.
In 1846, when war with Mexico seemed inevitable, the legisla- ture requested congress to erect "such fortifications and arma- ments as would effectually secure the city of New Orleans from invasion ;" passed an act fixing Baton Rouge as the permanent capital of the state; asked to have located the land's granted to the state for school purposes by the Congress of 1826; authorized the organization of four regiments of volunteers "for the army in Texas," and appropriated one hundred thousand dollars for their equipment ; organized district courts in the parish and city of New Orleans; suspended the collection of debts against all persons called into the service of the country against Mexico; authorized the payment to Major Louis Gally, Captain Henry Forno and Captain Bercier of five thousand seven hundred and nineteen dol- lars on their joint warrant "in payment of the officers, non-com- missioned officers and privates of the battalion (Louisiana Battalion of Artillery) according to the amount due to each, by the regulations of the United States, concerning the pay of officers and privates in the army of the United States;" divided the state
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into seventeen judicial districts ; appropriated two hundred thou- sand dollars to pay the expenses of putting the volunteers of Louisiana in the field ; authorized the treasurer of state to borrow that sum on the credit of the state; authorized the governor to organize two other regiments, to be called the Fifth and Sixth ; urged congress to remove from bayou Lafourche the trees and other obstructions placed in that water-way by order of General Jackson in 1814-15 "in such a manner as to prevent the ascent of the British by that route;" borrowed nine thousand dollars from the Canal and Banking Company to pay the expenses of hurrying forward the troops to the relief of General Taylor; resolved, "That the thanks of the state of Louisiana be, and are hereby tendered to General Z. Taylor and the army under his command for the invincible courage, skill and devotion and for the addi- tional lustre with which they have thus far covered our national arms in the war against Mexico;" ordered "that a bounty of ten dollars and one month's pay in advance be allowed to the battalion of Louisiana State Artillery commanded by Major Gally, mus- tered into the service of the United States, provided that said payment be made out of the appropriations already made ;" thank-
ing Gen. Edmund Pendleton Gaines for his services thus far in the war; authorized the state treasurer to sell the Clinton & Port Huron Railroad, which had fallen to the ownership of the state, and passed a resolution presenting to General Taylor a beautiful sword in consideration of his services generally and his services particularly in the battles of Palo Alto and Rio de la Palma.
In 1847 the legislature appropriated eight thousand dollars to cover the expense of recruiting and mustering into service the "Regiment of Louisiana Volunteers" enlisted for the Mexican war ; requested congress to grant land to the citizen soldier of 1814-15 or his widow or orphan ; appropriated three hundred dol- lars to buy a stand of colors for the First regiment of Louisiana volunteers then ready for the field; authorized advertising for plans for public buildings at Baton Rouge and appropriated one hundred thousand dollars with which to begin the buildings; established a department of the treasury consisting of the offices of the treasurer and the anditor of state; established at New Orleans, according to the constitution of 1845, the University of Louisiana ; made liberal provision for settlement on the land granted by congress in 1841 for internal improvement ; took steps to set apart a fund for the free schools provided by the constitu- tion of 1845; established an insane asylum at Jackson and appro- priated ten thousand dollars for its support for one year ; assisted
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in completing the Raccourci cut-off ; provided for the liquidation of the Company of Architects of New Orleans; took steps to prevent loss to the state "on account of its liabilities for bonds issued for the use of the 'property banks;' " authorized the taking of a complete census of the state; adopted the plans of James Dakin for the main building of the University of Louisiana and appropriated twenty-five thousand dollars with which to begin work; thanked General Taylor for the victory of Monterey ; thanked the Louisiana volunteers who also participated, particu- larly Col. Persifor F. Smith, Col. Bailie Peyton, Capt. Albert C. Blanchard, Capt. George M. Graham, Lieutenant Ten Brook, Lieutenants Nichols, brothers, Capt. Eugene Musoon, the Phoenix company of Louisiana volunteers and others; presented Gen. WV. S. Worth a beautiful sword for his services at Monterey ; provided for the incorporation of literary, scientific, religions and charitable associations; thanked General Scott and his soldiers for the siege and capture of Vera Cruz, and for the victory. of Cerro Gordo, and presented the general a fine sword; thanked General Taylor for the victory of Buena Vista and appropriated ten thousand dollars for a gold medal to be presented to the gen- eral ; made elaborate provision for an ample revenue for the sup- port of the state government; provided for the establishment of free public schools throughout the state, by the assessment of one mill on the dollar on the ad valorem valuation of the taxable property in cach parish ; established the "Free School Fund" from the revenues derived from the sale of public lands granted by congress in 1811, the fund to be held by the state as a loan, and on which it should pay six per cent interest, and authorized New Orleans to establish a house of refuge for juvenile delinquents.
In January, 1848, the Whigs in an immense meeting at New Orleans endorsed Gen. Zachary Taylor for the presidency. In the call for this meeting were, among others, the following names: Maunsel White, C. M. Conrad, C. Roselius, Bailie Peyton, William Debuys, G. Burke, W. Henderson, T. K. Price, N. W. Wheeler, John Duggan, II. A. Bullard, Jacob Barker, L. Matthews, Ralph King, F. W. Herrick, Cuthbert Bullitt, V. Labatat, J. S. Barrow, Michael De Armas, Thomas Zachaire, C. Ducross, R. C. Nicholas, Henry Renshaw, W. Christy, J. B. Walsh, John Winthrop, P. S. Wiltz, J. M. Cuculla, John Cominger, Jolm Culbertson, P. H. Skipwith, L. Packenham, N. R. Jennings, C. T. Stewart, T. G. Morgan, and J. N. T. Richardson. The legislature in January, 1848, voted as follows for United States senator: First ballot, John Slidell 64, Duncan F. Kenner 61. R. C. Nicholas 1; second
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ballot the same; in the third ballot Pierre Soule was voted for, and soon was elected by a majority of 7. Ile was chosen by what was denominated "a Democratic coup de etat." The Courier said, "We need not tell our readers either at home or abroad who Pierre Soulé is. His reputation as an orator is co-extensive with our Union. His former appearance in the Senate during the brief fraction of a term attracted much attention to our State and gave us a great consideration in that body."
In 1848 the Taylor and Fillmore electors were Jacques Toutant, J. P. Benjamin, Manuel Garcia, C. Adams, Jr., John Moore and James C. Campbell ; the Cass and Butler electors were C. A. Dannoy, J. B. Planche, Isaac T. Preston, T. W. Scott, Andrew Martin and Henry Phillips. The contest throughout the state was characterized by vigor, enthusiasm and partisan intrigue and vituperation. Particularly was the battle fierce and strong in New Orleans. In 1844 Clay had carried that city by a majority of 412, but in November, 1847, on an election of state senators, it had gone Democratie by a majority of 236. In April, 1848, local interests divided the parties and divided the results. What to expect at the presidential election of 1848, was now the all- important question. The popularity of Taylor in Louisiana betokened, if not his success, at least a greatly reduced Democratic vote. The few weeks just prior to the election were almost a constant public meeting, either of one or the other party. The Daily Delta of November 7 said, "The illuminated procession of the Whigs last night was certainly a gorgeous and splendid affair. In variety of devices, in richness of banners, and in all the ele- ments of a grand pageant it exceeded any similar display that has ever yet been made in our city. The procession extended in length about twenty squares, and was three-fourths of an hour in passing. There were about seven hundred men mounted." When the result of the election was announced it was seen that Taylor had carried New Orleans by a majority of 1,091, liis total vote being 5,470. In the state the vote was as follows: Taylor 18.117, Cass 15,370. The Daily Delta of November 11 said, "There was a decided calin in the political circles yesterday. The Whigs seemed to have relieved themselves of their surplus joy and exultation, and the Democrats had got rid of their excess of horror and indignation and seemed to find much relief in dwelling upon the embarrassments which must surround the administration of General Taylor and the dissensions consequent upon the dis- tribution of spoils. A great deal of apprehension is expressed by our Democratic friends lest the election of General Taylor proves
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the rock upon which the Union must split-that it is the triumph of Free Soil and the surrender of the rights of the South and Millard Fillmore will be the chief instrument by whom it will be accomplished."
The Courier said, "Colonel Hodge, Colonel Bullitt and other Whig editors and leaders are making a strong and apparently an organized effort to brand all individuals in the Southern States who oppose the abolition movement as disorganizers and enemies of the Union. These worthy gentlemen never allude to the causes which have excited alarm and discontent in the South ; they have never raised their voices against the machinations of the Whig Abolitionists who for years past have been striving to destroy all the Constitutional guards and fences by which the property and lives of the Southern people are protected. We have seen the Whig party, North and South, rally round a self-confessed Aboli- tionist as their candidate for Vice-President of the United States and President of the Senate; we have seen the Whig members with only two or three dissenting voices giving their suffrages to elect another Abolitionist to be Speaker of the House of Repre- sentatives."
In 1848 the legislature apportioned the state for representation under the new constitution ; purchased the records, maps, surveys and papers of Francis Gonsolin, late surveyor of the Spanish gov- ernment for the district of Attakapas; appropriated five hundred dollars for the purchase of a sword to be presented to Gen. Per- sifor F. Smith, the "hero of Contreras;" asked congress to estab- lish a navy yard at Algiers; continued to apply the five per cent fund derived from the sale of public lands to the construction of roads and levees; divided the state into four internal improve- ment districts ; employed a large force of men in the construction of levees, etc. ; provided for the incorporation of all sorts of indus- . trial companies; took steps to prevent the deterioration of the sugar cane of Louisiana ; asked the consent of congress to extend the jurisdiction of the state over the strip between the middle of the Sabine river and the western bank; provided for the consoli- dation and revision of the statutes and codes of the state; author- ized the sculptor Hiram Powers to carve for the state a statue of George Washington, and provided for the location of a State Seminary of Learning.
The congressional act of 1835 still further provided for the adjustment of land titles. Two years later the port of New Orleans was extended from the lower to the higher corporate limits. Under act of 1838, Henry M. Shreve was made govern-
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ment agent for the removal of the raft on Red river. In June, 1842, congress gave Louisiana four representatives in that body instead of three as theretofore "and one additional representative to each state having a fraction greater than one moiety of the said ratio." This law took effect March 3, 1843. By act of May, 1846, congress granted one thousand five hundred and sixty- six dollars "for repairing the state artillery of the state of Louisi- ana, injured in the service of the United States in Texas during the summer and fall of 1845." Near the close of the Mexican war, congress built a marine hospital at New Orleans; in 1847 the customhouse at the same place was begun. In 1848 congress appropriated seven thousand five hundred dollars for furnishing the marine hospital, and the same year appropriated twenty thou- sand dollars for a depot of naval stores to be located there. Both of these buildings were a credit to the government, but required several years for their completion.
From 1850 to 1853 inclusive the gubernatorial chair was occu- pied by Joseph Walker. In his first message he deprecated the' constant agitation of the abolition question. He declared that in his opinion the dissolution of the Union would be the greatest of calamities, but that the citizens would not weigh it in the bal- ance with a tame submission to the abolition movement. The Board of Currency reported the banks of the state to be in a pros- perous condition. The area of land granted by congress to the state in 1849 aggregated considerably over 2,000,000 acres. Thus the desires of Louisiana, expressed through many anxious years, . were finally satisfied. 'Against the advice of the governor, the legislature decided to adopt a new constitution, and accordingly made arrangements to that effect.
In 1850 the legislature convened in Baton Rouge. They urged congress for a daily mail between New Orleans and Baton Rouge; appropriated three hundred dollars for a daily mail between those points during the session of the general assembly ; gave to police juries the exclusive right to establish ferries and toll bridges; urged congress to grant bounty land to officers of the Mexican war ; appropriated five hundred and fifty-three dollars to prepare the state library for the immediate use of the legislature; urged congress to remove the big raft on Red river ; gave New Orleans large powers to save the city from overflow; granted many pen- sions to soldiers of the War of 1812; granted the right of way over state lands to any railway company that should build a line between New Orleans and Jackson, Miss. ; provided for the gov- ernment of New Orleans in case the three municipalities should
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be united; made large appropriations for all departments of the University of Louisiana; authorized the sale of all that portion of the batture not needed for public purposes; established a mayor's court in New Orleans; made appropriations for the sup- port of the battalion of Louisiana state artillery, the Washington artillery, the Cannoniers of Donaldsonville, the Crescent hussars, the Clinton light artillery, the West Feliciana cavalry, and the Washington guards of Baton Rouge, and asked congress for the co-operation of two or more of the members of the corps of topo- graphical engineers "to assist in making a topographical and hydrographical survey of the delta of the Mississippi" with the view to prevent the annual inundations of many of the best por- tions of the state.
Again in 1850 Preston W. Farrar, a Whig, was elected speaker of the Louisiana house. The vote was, Farrar 54, E. W. Moise 43. At this time Gen. Joseph Walker was inaugurated governor. Hle had been elected by over 1,000 majority after a sharp con- test. During the campaign the Whigs had sung doggerel songs set to negro melodies ridiculing the pretensions of General Walker. They had nominated as his opponent Col. Alexander Duclouet. The election of Walker was a Democratic victory. Governor Johnson, on retiring, said, "It is with feelings of lively satisfaction I see the South poising herself in a lofty and patri- otic attitude in defense of her rights. The repeated, galling and unprovoked aggressions of anti-slavery leave no room to anticipate a cessation of hostilities, and the South, I think, has been sufficiently warned that if it is wise to hope for the best it is equally prudent to prepare for the worst." Hle denounced the measures of the Wilmot Proviso, and recommended sending dele- gates to the Southern Rights convention to be held at Nashville in June, 1850. Governor Walker, upon taking the reins of gov- ernment, said, "The anti-slavery agitation in the Northern States which has long been a source of irritation in the South, has within the last two years taken such a shape that fears are enter- tained by some that it is about to reach a crisis unfavorable to the stability of the Union. Situated as we are, I think we owe it to ourselves-to our sister States of the South and to our Northern brethren-to declare that if unhappily the anti-slavery agitation, which has so long been allowed to insult our feelings, should be carried to the point of aggression upon our rights- if the equality between all the members of the Confederacy and the Constitution should be destroyed or trenched on by the action of the general Government, then we are prepared to make com-
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mon cause with our neighbors of the slave-holding States and pronounce the Union at an end. For myself I do not hesitate to say that I should look upon the dissolution of the Union as the greatest calamity that could befall us; but that great as this calamity would be I am certain there is not one of our citizens who would be willing for a moment to weigh it in the balance against the dishonor of submission." He also recommended send- ing delegates to the Nashville convention. At this time the Dem- ocrats were outspoken in their condemnation of President Taylor for having done about all he could against the interests of the South. He had been elected, it was claimed openly, by Democratic votes.
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