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 4
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The prejudice which had been manifested against the Ameri- cans since the Revolutionary war by what has ever since been called the "ancient inhabitants" of Louisiana asserted itself almost as soon as Claiborne and Wilkinson had taken formal possession of the Province. The "ancient inhabitants" began by viewing all the acts of the Americans with jealousy and suspicion, resented the implied insinuation that they could not govern themselves, felt insulted because they were not granted at the outset political control of the territory, resigned often from public bodies when
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their dictum was not accepted, publicly derided even the governor himself for the crudities and inelegancies of his manner and appointments, and steadily sowed the seeds of discord between their members and all the other inhabitants. The powers granted to Governor Claiborne, though no stronger than those exercised by the Spanish officials a short time before, were regarded with indignation, either actual or assumed. As a matter of fact, while they were not justified in thinking that the United States medi- tated doing them an injustice, appearances warranted them in believing that they were not to be accorded the rights guaranteed to them by the act of cession. In order to counteract so far as possible this feeling of hostility to his administration, Claiborne studiously endeavored to divide the political favors among the two factions of inhabitants. When he took the oath of office and delivered his address to the inhabitants, the same address was immediately re-read publicly and translated into French by Peter Derbigny. Many of the members of the first legislative council were chosen from the ranks of the "ancient inhabitants." But the three judges, Dominic A. Hall, Ephraim Kirby and John B. Prevost, were not thus chosen. What irritated the "ancient inhabitants" more than any thing else was the assumption of the Americans that they alone knew about all there was to be known concerning republican institutions. The Americans seemed to for- get that the first declaration of independence was declared at New Orleans by these same "ancient inhabitants" against the transfer of the Province from France to Spain more than a quarter of a century before.
'The petition sent to congress by the disaffected was duly con- sidered. The delegates were heard in committee and all phases of the questions fully discussed. . When the substance of these debates became known in the territory, all felt wounded by the aspersions cast upon the "ancient people." It was declared that they did not yet understand the Federal constitution, and that they were not yet susceptible of self-government. As a matter of fact, when one reads between the lines of these debates, it is apparent that neither congress nor President Jefferson believed that the people were incapable of self-government, but they simply . thoughit it wise that the people should become familiar with the Federal institutions before being given too much authority and before being admitted to statehood. But the people took offense, and Governor Claiborne had a hard time of it. Randolph, leader of the administration party in the house, expressed the opinion that the louisianians asked too much and were too precipitate,
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but recommended that every indulgence within reason should be extended to them. This resulted in the act of March 2, 1805, by which the people were permitted to elect their house of repre- sentatives-twenty-five members in all, who were authorized to select ten citizens from whom the president of the United States was to select five to form the legislative council, or the senate. This law was not satisfactory, but was an improvement. The people duly elected the house, and named the following men from whom the council was to be chosen: Derbigny, Bellechasse, Bouligny, Destrehan, Sauvé, Villere, D'Ennemours, Macarty, Gurley and Jones. From them the president selected the fol- lowing council: Destrehan, Bellechasse, Macarty, Jones and Sauvé. This was the first long step toward peace and harmony, but much discontent still remained.
The action taken at this time to quiet land titles and claims did much to appease the people. Commerce was stimulated by the war between Spain and Great Britain. But the Spanish offi- cials still lingered in Louisiana with the expectation that the Province would be retroceded to Spain. They interfered in all the affairs of the territory, and were a thorn in the side of Gov- ernor Claiborne and an impediment to domestic tranquillity. Soon it was manifest that Spain had surrounded Orleans terri- tory with a line of troops, both in West Florida and in Texas, and Claiborne asked Casa Calvo the meaning of it all. 'As a matter of fact, war between Spain and the United States was not improb- able, owing to the rupture over diplomatic negotiations. It was reported and believed by the ancient people that Spain would exchange with the United States for the two Floridas all the country west of the Mississippi. Thus matters were pending when the conspiracy of Burr burst upon the turbulent scene.
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Claiborne visited all portions of his territory principally to see that the militia was duly and extensively organized. The famous Orleans battalion of the militia was organized, and afterward in many emergencies rendered excellent service. Late in 1805 it seemed certain to Claiborne that the Spanish would advance in force upon New Orleans. They likewise menaced Natchitoches. In this year he called two special sessions of the territorial legis- lature to consider the state of public affairs. But the legislature was powerless to do anything better than to promote the organi- zation of the militia. Previous to this a mulatto corps had been organized in New Orleans; it was composed of free colored per- sons residing there. In his message to the legislature of Janu- ary, 1806, the governor recommended the revision of the judiciary
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system, the establishment of a penitentiary, the institution of a work-house and a refuge for the helpless, the improvement of the water-courses in the Attakapas and Opelousas country, care of the levees, improvement of commercial intercourse, and better facilities for public education. He said that youth should be considered the property of the state and educated accordingly. It was now that the prospect of war with Spain disappeared. But the legislature, now disposed to be bellicose, owing to the prepon- derancy of the ancient people, passed many objectionable acts, which the governor thought proper to veto. This led to several resignations. But near the close of the session many of the gov- ernor's recommendations were followed.
At the second session of the first legislature, held at New Orleans in January, 1807, the following acts, among others, were passed: To open district courts at New Orleans, Opelousas, Rapides, Pointe Coupce, and Donaldson ; to divide the territory into nineteen parishes as follows: City of New Orleans and its precincts, St. Bernard, Plaquemines, St. Charles, St. John Bap- tist, St. James, Ascension, Assumption, Lafourche, Iberville and Galvez town, Baton Rouge, St. Francis at Pointe Coupee, .Con- cordia, Ouachita, Rapides, Avoyelles, Natchitoches including St. Francis, St. Landry, and Attakapas called St. Martin. These nineteen parishes constituted twelve counties, and the following representation was assigned to the counties: Orleans county 6 representatives, German Coast county 2, Acadia county 2, La Fourche county 2, Iberville county 2, Attakapas county, 2, Opel- ouses county, 2, Pointe Coupee county 2, Rapides county 2, Con- cordia county I, Ouachita county I, Natchitoches county I, total 25. Other laws passed were as follows: To confirm marriages which had been solemnized by certain persons; to regulate mar- riages ; to authorize the governor to settle disputes over boundary questions in parishes ; to fix a fee bill; to emancipate slaves; to authorize the governor to borrow twenty thousand dollars; to regulate roads, levees and the running at large of cattle; to pro- vide a tax on lands and slaves ; to regulate elections ; to promulgate the territorial laws; to prevent the immigration of free negroes into Louisiana; to appoint two jurisconsults to prepare a civil code, and to authorize the governor to urge congress to build cer- tain levees in the Manshac region. At this session, also, the state was divided into five superior court districts, as follows: 1. The parish of the city of New Orleans with its precincts, St. Bernard, "commonly called La Terre aux Boeufs," Plaquemines, St. Charles and St. Jolin : 2. St. James, Ascension, Assumption, set-
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tlement of La Fourche, parish of Iberville with the settlement of Galvez town ; 3. That part of the territory known under the name of Baton Rouge, Pointe Coupee comprehending the parish of St. Francis, and the county of Concordia ; 4. The counties of Ouach- ita, Rapides and Natchitoches; 5. The counties of Opelousas and Attakapas.
During the year 1806 occurred the threatened hostilities between the forces under General Wilkinson and General Herrera in the vicinity of Natchitoches. It was also at this time that Burr's conspiracy burst. It seemed certain that New Orleans would be attacked by a large army under that disaffected man. New Orleans was fortified to receive him, and intense excitement pre- vailed. The arrest of the leaders at that city, the issuance of the. writs of habeas corpus, the suspension of the writs, the resigna- tion of Judge Workman, the dictatorial course of Wilkinson, and the final evaporation of all the trouble in mist, are well-recorded matters of history.
About this time the famous. batture cases were originated under . the claims of Edward Livingston, an able lawyer. They were destined to establish an important precedent that has become per- manent law in every state of the Union. The legislature of Janu- ary, 1808, took steps to assist the state university, which had been left to the mercy of private contributions that were not forth- coming. It was now that the legislature saw with pleasure that the revenue of the territory was sufficient to meet the expendi- tures. The house of this legislature also passed an act to remove the seat of government about a hundred miles up the river from New Orleans, presumably to Donaldsonville. The legislature adopted a digest of the civil laws, that had been prepared by two able lawyers named Brown and Lislet, pursuant to an act of 1805, and was based upon the Code Napoleon and the Spanish judicial system.
The first delegate in congress from the territory of Orleans was Daniel Clarke, his appointment bearing date March 4, 1805. He served his term of two years and was reappointed. He was succeeded by Julian Poydras March 4, 1809. The latter had sided with Governor Claiborne in the disputes with the ancient inhabitants, and the selection of Poydras seemed proof that the old antipathy was dying out. In 1808 occurred the embargo acts of the United States, whereupon the militia of the territory was rendered still further efficient. In January, 1809, the legislature restimed its annual sittings. The governor deplored the failure of the legislature to provide public schools throughout the territory.
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An act had been passed, but it had proved of no effect. Pointe Coupee was the only parish that had in any degree taken advan- tage of the measure. The governor expressed great gratification that private schools had started up in all portions of the territory. He advised the revision of the criminal jurisprudence and the construction of a penitentiary, called attention to the fact that war with Great Britain was probable, urged the better organization of the militia, advised that steps be taken to prevent the large escape of slaves to the Spanish dominion of Texas, and recom- mended internal improvements. In the spring of 1809 there were in and around New Orleans over 2,000 United States regular troops, placed there to be in readiness for any hostile move- ment against the mouth of the Mississippi. The legislature of 1809, passed a memorial to congress, asking the admission of Orleans territory to statehood, but Claiborne advised against it, as in his opinion the people were not ready for self-government. A census taken in 1806 had shown a total population of 52,998, of which 26,069 were white. The memorial to congress asking for statehood met considerable opposition in the house of repre- sentatives of the territory. It finally prevailed by the result of II affirmative against 7 negative votes. Claiborne said: "I much doubt whether, if a question as to the early reception of the Territory into the Union as a State was submitted to the people, there would be found a majority in its favor." He said further that, owing to probable war with Great Britain and to the pending revolt of the Spanish provinces, to ask for statehood at this time was inopportune.
Previous to the autumn of 1809 the citizens generally and par- ticularly the "ancient inhabitants" were careless as to whether they exercised the elective franchise, but by that date they had learned that it made a great difference who made their laws and collected and spent the revenues. In his message of 1810 the gov- ernor said, "By the recent returns from the several counties, it is apparent that the body of the people are becoming sensible of the importance of the elective franchise and that its exercise is justly considered to be a duty." He reviewed the state of foreign affairs, and in view of a probable war with England, advised the thorough organization of the territorial militia. He noted that a large increase in the population, some 10,000, had recently arrived from St. Domingo; he also announced that in the territorial treas- ury was about forty thousand dollars. Claiborne complimented the legislature of 1810 upon the interest shown for the first time in their election. He advised special attention to the raising of
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cotton and wool, urged that precautions against yellow fever should be taken, and asked congress to make some provision for the support of the public schools of the territory, particularly for the support of seminaries of learning. During this year the gov- ernor visited Baltimore, and during his absence the territorial secretary, T. B. Robertson, acted as governor.
In 1810 the people on the east side of the Mississippi in the vicinity of Bayou Sara, wishing to be freed from Spain, now determined to secure their independence. They captured Baton Rouge and set up a state government, and reported their proceed -. ings to the president of the United States. The president refused to recognize the new state, and directed Governor Claiborne to take possession of West Florida and to organize counties or par- ishes and institute courts therein. It was announced that this was but a temporary step, to be settled later with Spain, when her neck should no longer be under the august feet of the First Napo- leon. Claiborne went to Natchez in December, 1810, and from that point advanced at the head of a considerable body of militia to St. Francisville, where he hoisted the stars and stripes and formally took possession of West Florida. Thus that province was a colony of Spain, the state of West Florida, a part of Orleans territory and part of the state of Louisiana-all within two years. Thus do revolutions make swift changes.
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'The last territorial legislature assembled in January, 1811, and passed several important acts, among which were the following : To establish the Bank of Orleans and the Planters' Bank, to grant Livingston and Fulton the exclusive right to build and navigate boats of all kinds on the waters of Louisiana for the period of eighteen years, and to provide for the constitutional convention to determine the question of statehood. They made provision for the election of delegates to such convention, but did not thus in- clude West Florida. Previous to their adjournment in April, 1811, the legislature was informed of the passage of the act by congress for the admission of Orleans territory into the Union, with per- mission to select their own name. With the adjournment of this legislature of 1811, the territory of Orleans came to an end.
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CHAPTER III
The State Under Governor Claiborne
T HE enabling act was passed by congress on the 20th of February, 1811. By it the inhabitants of Orleans territory were authorized to form a constitution and state government preparatory for admission into the Union. The limits were the Sabine in part on the west, the thirty-third parallel on the north, and the rivers Mississippi and Iberville and the lakes Maurepas and Pontchartrain on the east. The proposed state was to include all islands in the Gulf within three leages of the shore. Representa- tives not exceeding sixty, who were to meet at New Orleans on the first Monday in November, 1811, were to be elected by the inhab- itants on the third Monday of September, 1811. The representa- tives were to determine whether to form a constitution and state government. The act provided that the government should be republican in form and the constitution should not be inconsistent with the laws and constitution of the United States. The people were required to disclaim title to the unappropriated and waste land within the state limits; and such land was required to be exempt from taxation. All navigable rivers were to be public highways. When the convention should assent to the require- ments of the United States; when a copy of the constitution and the proceedings should be sent to Congress and when the proceed- ings of the convention should be approved by the latter body, the state, it was announced, would be duly admitted to the Union. Five per cent of the net proceeds arising from the sale of public lands after January 1, 1811, "shall be applied to laying out and constructing such public roads and levees in said state as the leg- islature thereof may direct."
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'The delegates having been duly elected, the convention to deter-
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mine the question of statehood, assembled in New Orleans on the 4th of November, 1811. Julius Poydras, the territorial delegate to congress, was elected president of the convention. Mr. Wat- kins introduced the resolution looking to the formation of a state government. But it at once encountered emphatic opposition. Destrehan, Morgan, Porter and Hubbard spoke against the res- olution. The vote upon it showed a large majority in its favor, the negative voters being as follows: Morgan, Destrehan, Dunlap, Goforth, Porter, Thibodeau and Hubbard. There was then appointed a committee of seven to prepare a plan for a state constitution, as follows: Destrehan, Magruder, Brown, Cant- relle, Johnson, Blanque and Bry. In six days they submitted a plan and it was duly considered. Whether West Florida should constitute a part of the new state, was the question of a long debate. Congress had not included that province in the bound- aries of the proposed state, because the ownership of West Florida was still in dispute betweet Spain and the United States. . Finally, all the conditions exacted by congress were adopted, the constitution was approved and accepted, and two delegates, Fromentin and Magruder, were sent with all the proceedings, to lay the same before congress for ratification. The convention adjourned without day on January 28, 1812, after having been in session over two months.
These important events had scarcely transpired before congress formally tendered to the new state the province of West Florida. It was promptly accepted by the first state legislature. Before congress had determined on this course, the question was fully and ably debated in committee of the whole house. Several important constitutional questions were involved. As able a man as John C. Calhoun, opposed the step on constitutional grounds. Henry Clay could see no constitutional objections. What amounted to the attachment of West Florida to the new state, was finally passed by the house by 77 yeas to 23 nays. But the United States senate disagreed, and that provision was stricken from the bill admitting Louisiana to statehood. Later, as above stated, West Florida was tendered, and accepted. This was done under the bill entitled, "An act to enlarge the limits of the State of Louisiana, etc.," approved by the president, April 14, 1812. Louisiana accepted the province on August 4.
At the election of the first state officers, Mr. Claiborne was chosen governor. This was ample evidence of the high esteem in which he was held. He appointed L. B. Macarty, secretary of state. Julian Poydras was the first president of the senate, and
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P. B. St. Martin, first speaker of the house. Thomas B. Robert- son, the former territorial secretary, was sent to congress. A. B. Magruder and J. N. Destrehan became the first United States senators from Louisiana. Claiborne appointed Derbigny, Hall and Mathews, judges of the state supreme court. The gov- ernor, in addressing the legislature, advised the elaborate organi- zation of the militia to meet the requirements of the war just declared against England.
At the first session of the first general assembly, begun at New Orleans, July 27, 1812, the following among other important laws were passed: Accepting from congress an enlargement of the state by the addition of that portion of West Florida west of Pearl river, the language of acceptance being as follows: "Be it there- fore resolved, and it is hereby resolved, that the Senate and House of Representatives of the State of Louisiana in General Assembly convened, do approve of and consent to the enlargement of the limits of the said State of Louisiana in manner as provided by the above in part recited act of Congress hereby declaring that the same shall forever be and remain part of the State of Louisiana;" fixing the governor's salary at seven thousand five hundred dollars per annum; giving that portion of Louisiana recently annexed due representation in the general assembly; establishing the bound- aries of New Orleans from the Nuns' plantation above, down the river to Canal des Pecheurs, including the settlements of the Bayou St John, and dividing the city into eight wards ; providing for the election of state and congressional officers, the latter at a special election; stating how vacancies in office should be filled; defining the boundaries of Natchitoches county; authoriz- ing the governor to borrow twenty thousand dollars for one year to meet current expenses; appropriating three thousand dollars for the Charity Hospital in New Orleans; continuing the repair- ing and opening of certain roads; making appropriations for various contingent expenses ; paying Bernard Tremoulet for the use of the building in which sat the general assembly; allowing Mr. Laizer a sum of money for certain repairs to the state house or government house, which had been damaged in a recent furi- ous hurricane; authorizing the formation of a militia corps from among the Creoles of the state, the officers to be Creoles. At this session the following resolutions were passed: Declar- ing it expedient that the state should have a different seat of gov- ernment-a place handier to the rest of the state-and appointing a commission of two members of the senate and three of the house to vi: w the different proposed locations, ascertain what dona-
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tions could be secured and obtain estimates of cost; directing the removal of all the papers of the constitutional convention and of the territory of Orleans in the keeping of temporary officers, and the enrolled constitution of the state deposited in the Bank of Louisiana, to the office of the secretary of state, and authorizing the governor to borrow from the government 4,000 stands of muskets, 400 sabres, and as many pieces of artillery as he needed, and appropriating five thousand dollars for ammunition and five thousand dollars to pay transportation and other charges.
One of the first political contests was over the selection of the first delegate to congress. The majority in the legislature wanted a man in accord with the Madisonian administration, but a suit- able man of that stripe could not be found, and the old delegate was permitted to hold over. A sharp contest occurred between the legislature and the governor in regard to the measures of the proposed bankrupt bill. As it had first been passed it was vetoed, but after it had been modified in accordance with his recommen- dations, he signed it. At this time no conventions were held for the purpose of nominating candidates for office. Tickets were made out and endorsed by meetings of citizens called for the pur- . pose. In the vote for statehood, the territorial legislature had stood 35 for and 7 against, but the opponents were actuated by political motives, rather than by hostility to the step.
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