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 5
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When rumors of war with England were circulated, the Jeffersonians opposed the measure as one of Madison's follies. In the selection of the first state ticket, Jean Noel Destrehan was the candidate of the "ancient inhabitants" for the office of governor ; Jacques Villere was the candidate of another branch of that faction. At this time there were strong calls for a "native Louisianian" for the chief magistracy, but Claiborne and the American element was too strong to be turned aside. In the selection of a name for the new state, it was suggested that the appendix "Lower" should be added to the term "Louisiana," but this movement in the legis- lature of the territory did not prevail. 'An article in one of the newspapers of that date signed "A Creole" ran as follows: "Let the free citizens of Louisiana vote for Mr. Destrehan or Mr. Vil- lere for their chief magistrate; one or both will be returned to the General Assembly. Every man has his favorites but let no favor- itism induce any one to throw away his vote on a member for either House of the General Assembly, that will not give his quali- fied vote for a "Louisianian" for chief magistrate." A hand- bill circulated in June, 1812, contained the following extract : "Louisianians : Awake from your slumbers. After having been
·
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THE PROVINCE AND THE STATES.
in a state of apathy for a century, light is restored to you. The Goddess of Liberty presides at your altars; scepters are at your feet ; the usurpers of your rights are vanishing; and your hap- piness and prosperity are within your own control. It is therefore by nominating a Creole as your chief magistrate that you will prove your national spirit and secure your welfare; that you will satisfy the world that you are capable of self-government. It is then for you to select the man whose character, heart and qualities may inspire those sentiments which you ought to feel toward your chief magistrate. In whom can you find that man better qualified than in Mr. Jacques Villere, or one more entitled to your suf- frages? The worthy son of a father who sacrificed his life in the defence of his country, can never forget that virtue, justice and honor are attached to his name. A Louisianian." The Louisiana Gasette of June 30, 1812, said, "The election opened yesterday at nine o'clock, for Governor, Senator and Representatives; the votes were, it is supposed, much in favor of the Creole ticket- not quite 400 votes were given. Let every independent elector come forward to the polls today and give his vote in favor of a change, a radical change-the happiness of our State depends on a change of officers."
The following is a partial result of the election for first gover- nor of the state :
Counties.
Claiborne.
Villere.
Destrehan.
Livandais.
New Orleans.
537
918
46
3
German Coast
136
10
93
0
Iborville
210
17
2
0
Aoadin
183
59
4
0
Pointe Coupee
118
81
1
0
Opelousas.
198
159
0
0
Concordia.
56
0
4
0
Lafourche
366
7
0
0
Thus Claiborne was elected by a large comparative majority in the whole territory. On the 28th of July, the legislature elected Claiborne by "a very large majority," according to the Louisiana Gazette. In his first message the governor dwelt largely on the war with Great Britain ; advised the selection of electors for presi- cent and vice-president ; recommended the revision of the judici- ary system and the improvement of cducation. It was evident at this time that several important amendments to the new state con- stitution were absolutely and immediately necessary. It was imperative also to select United States senators. Eligius Fromen- tin was announced as a candidate for that position.
55
LOUISIANA, UNDER CLAIBORNE.
The constitution of Louisiana, adopted at New Orleans, Janu- ary 22, 1812, provided that the government of the state should be divided into three distinct departments: Legislative, executive and judicial. It divided the legislative branch into two depart- ments : Senate and house of representatives; the two together to be the general assembly. Representatives were to be chosen every two years and senators every four years. The general assem- bly was to convene on the first Monday in January of each year. Only free white males could become members of either branch of the assembly. To be eligible, representatives must be twenty-one years and senators twenty-seven years, of age. Free white male citizens of the United States, who had attained the age of twenty- one years and had resided in the county one year, and within six months had paid a poll tax, could vote at the elections for all state. officers. The state was divided into fourteen senatorial districts. Upon the assembling of the first legislature, the senators were to be divided into two classes, the seats of the first class to be vacated in two years and of the second class at the end of four years. . Senators were required to hold landed property to the valuation of one thousand dollars at least. 'A majority of the members of the general assembly was necessary to do business. Each branch was authorized to judge of the qualifications of its members. Compensation was fixed at four dollars per day. Members were privileged from arrest while attending the sessions, except in cases of treason, felony, breach or surety of the peace, and "for any speech or debate in either house they shall not be questioned in any other place." During his term of office, each was prohib- ited from holding any office of emohiment created while he was a member of the assembly. Clergymen, priests and teachers were ineligible while exercising the functions of such. Collectors of state taxes were ineligible until they had obtained a quietus for the amount of their collections. It was also provided that no bill should have the force of a law until on three successive days it had been read in each house and free discussion invited thereon, unless four-fifths of such house should agree to a suspension of the rule in case of emergency. It was required that all revenue bills should originate in the house of representatives, but that the senate might propose amendments.
'The governor .was made the chief executive officer and was to be elected for the term of four years. His election was provided for as follows: The citizens throughout the state should first vote for the various candidates, after which the returns should be opened in the presence of both houses of the legislature, and the
56
THE PROVINCE AND THE STATES.
two candidates having the highest number of votes should be ballotted on and the one receiving the highest number of the votes of the general assembly should be chosen governor. He was made ineligible for re-election, was required to be thirty-five years of age and the owner of landed property worth at least five thou- sand dollars. His term was to begin on the fourth Monday suc- ceeding his election. No member of congress nor minister of a religious society was eligible to the office of governor. He was made commander-in-chief of the army and navy of the state. He was required to report regularly to the assembly the condition of the state, could call a session of the assembly on extraordinary occasions, was expected to see that all laws were faithfully exe- cuted and was required to visit the counties of the state at least once in two years to inform himself of the conditions of things. In case of a vacancy in the office of governor, the president of the senate was empowered to exercise the functions of the office. It was provided that every bill passed by both houses should be sub- mitted to the governor for his approval or rejection ; if approved, he should sign it, but if not he should return it with his objections, after which, in order to become a law, it was necessary that it should pass both houses by a two-thirds majority, the vote to be by ayes and nays and be entered on the journals. If any bill was held by the governor longer than ten days, it should become a law without his signature. "The free white men of this state shall be armed and disciplined for its defense; but those who belong to religious societies and whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for personal service." The organization of the militia was provided for.
The judiciary power was vested in a supreme court and infer- jor courts. The supreme court was given appellate jurisdiction only-in civil cases to amounts of over three hundred dollars. The court should be not less than three nor more than five, a majority forming a quorum, and their salaries were fixed at five thousand dollars. The state was divided into two districts: East- ern and Western, and the sessions were to be held in New Orleans and Opelousas. After five years the court might sit elsewhere than Opelousas, if so decided by the assembly. An attorney- general was provided for, as well as other prosecuting attorneys. The judges could hold office during good behavior.
Treason was defined to be levying war against the state or adhering to its enemies and giving them aid and comfort. A per- son who had given or offered a bribe to secure his election, was
57
LOUISIANA, UNDER CLAIBORNE.
disqualified from serving as governor. Money could not be drawn from the state treasury except in pursuance of appropria- tions made by law, "nor shall any appropriation of money for the support of an army be made for a longer term than one year." An account of the receipts and expenditures was required to be pub- lished annually. The right of every person charged with a crime to be heard was defined, and the "privilege of the right of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Free speech and free press were specified, every citizen "being responsible for the abuse of that liberty." The seat of government was fixed at New Orleans, and all laws contrary to the constitution were declared null and void. The constitution might be amended by first sub- mitting the proposed amendment to the people. The territorial government was merged into the new state government. "All laws now in force in this Territory, not inconsistent with this constitution, shall continue and remain in full effect until repealed by the Legislature."
The act of April 8, 1812, admitted Louisiana to statehood, but required that the Mississippi and all the rivers within the state borders should be free forever to all the people of the United States, without taxation and that all the other conditions imposed should be accepted and should be binding. It was further pro- vided that until the next census and until the state's apportionment should be made, Louisiana should be entitled to one representative in congress. All laws of the United States not locally inapplic- able were extended to the new state. All of the new state and all other territory comprehended in the territory of Orleans under the act erecting Louisiana province into two territories were formed into a United States district for judicial purposes with one judge who was authorized to hold four sessions of court each year at New Orleans. Provision for the appointment of the necessary marshal, clerks, etc., was also made. The act of May 12, 1812, transferred all causes, actions, indictments, libels, pleas, processes and proceedings from the courts established under pre -. vious laws to this court ..
Among the many important decisions of the United States supreme court growing out of the purchase of Louisiana province, was one in Foster et. al. vs. Neilson ; 2 Peters 254, where it was stated that the declaration of France that West Florida had not been ceded to her by Spain on October 1, 1800, was not conclu- sive, because "political considerations have too much influence over the conduct of nations." It was further held that the supreme
58
THE PROVINCE AND THE STATES.
court was bound by the acts of Spain and the United States regarding the boundary of Louisiana in the absence of any definite previous boundary. The court could not act on questions involv- ing the boundary of Louisiana, until the two governments should first settle such limits. It was likewise held that all grants of land in Louisiana by Spain after the treaty of San Ildefonso, on October 1, 1800, should be invalid.
The act of April 12, 1814, and other acts confirmed all rightful Spanish and French claims in Louisiana province. Such claims were defined as those existing "by virtue of an incomplete French or Spanish grant or concession, or any warrant or order of survey, which was granted prior to the twentieth of December, 1803, for lands lying within that part of the state of Louisiana which com- posed the late territory of Orleans," but with certain limitations and provisos. All persons who had really occupied and cultivated land not claimed by others were given the first right to pre-empt such tracts. The act of April 25, 1812, provided for ascertaining titles and claims to land in Louisiana east of the Mississippi and the island of New Orleans. The act of May 11, 1820, extended the time for completing all titles.
The terms upon which Louisiana was ceded by Napoleon to the United States, gave to the people of that province, for the first time, a fixed constitution, stable laws and self-government. Napoleon himself wrote that the people "should be incorporated in the Union of the United States, and admitted as soon as pos- sible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and that they should in the meantime be maintained and protected in the free enjoyment of their liberty, property and the religion which they profess." Even without these stipulations of Napoleon, the inhabitants of the Purchase would have been accorded all the rights and privileges enjoyed by the other colonies of the United States; but it must be con- ceded that the foresight of the first consul prevented the United States, had she wished to do so, from keeping the inhabitants of Louisiana for an unreasonable and indefinite time in a state of colonial dependency and subjection. It was made compulsory upon the United States to admit them in due time to all the rights and privileges of independent states. It thus came to pass, when Louisiana applied for admission into the Union, that she did not humbly sue on bended knees for the privilege, as later states were compelled to do; but she courteously demanded such admission as her right under the terms of the cession, and felt that congress
59
LOUISIANA, UNDER CLAIBORNE.
could find no justification for refusal or delay. Napoleon wrote, "Let the Louisianians know that we separate ourselves from them with regret ; that we stipulate in their favor everything that they can desire; and let them hereafter, happy in their independence,. recollect that they have been Frenchmen, and that France, in ceding them, has secured for them advantages which they could not have obtained from a European power, however paternal it might have been." Napoleon also bound the United States to carry into execution previous treaties made by Spain with the Indian tribes until other suitable articles could be mutually agreed upon.
It was to be expected, when once the war of 1812 had begun, that Great Britain would attempt the conquest of the lower Mississippi and the gulf coast. Indeed, there is good evidence to prove that the war was instigated by that country largely for the purpose of acquiring Louisiana and perhaps West Florida. Notwithstanding the fact that these designs of Great Britain were soon fathomed, and notwithstanding the repeated protests of Governor Claiborne, the government withdrew the Third regi- ment of regulars stationed in Louisiana, leaving the young state apparently incapable of repelling an invading army. Only about a regiment of regulars remained in the state; but Governor Clai- borne issued orders for the mobilization of strong bodies of militia and otherwise prepared to meet the emergency with all the resources at his command. However, he was greatly handicapped by scarcity of arms and want of discipline. In addition to this, there was discernable here and there a pronounced feeling of lukewarmness easy to be accounted for.
Prior to 1803 the French and Spanish inhabitants had been taught to dislike the Americans, and after that date it was not easy to shake off the old feeling. Now, that they were called upon to fight for the people toward whom many of them still. entertained unfriendly sentiments, it was but natural that there should be some hesitation and complaint. But it is probable that this condition of things would have cut no serious figure had it not been for the course of the British in sending emissaries among the people to incite them against the Americans. That this was done extensively cannot be denied. The result was considerable opposition to the course of Governor Claiborne in organizing the militia to resist the expected invasion of the British. However, such opposition was easily and speedily overcome, and in the end the Louisianians more than redeemed all former hesitation by their fidelity to the Union and their splendid courage in the field ..
60
THE PROVINCE AND THE STATES.
Everything possible to augment the forces in the state was done in congress by Senator Brown, of Louisiana; but troops were scarce, the coast line to be defended was long, the frontiers were ravaged by the savages and the wants of Louisiana could not be wholly supplied. Governor Claiborne ordered a detachment of militia to be held in readiness for actual service, and took steps to draft the necessary number should' other measures fail to secure them. Quotas were assigned to the several brigades of militia throughout the state. It is not improbable that had a draft been necessary and had it been ordered, open resistance to its enforce- ment would have been encountered. As it was every act of the governor met with considerable opposition, but more from polit- ical motives than from an unwillingness to assist in expelling the enemy from the state or in fighting the battles of the government.
On the third of September, 1812, the legislature proceeded to the election of two senators of the United States, the final ballot standing Destrehan 21, Magruder 21, James Brown 16, Eligius Fromentin 5, Edward Livingston 3. In the selection of congress. man the vote was as follows: Thomas B. Robertson 875, John- son 567, Hopkins 450, Livingston 299, Fromentin 288. During the campaign for this office Fromentin had come out in a "book" as a strong Madisonian ; the Gazette in speaking of this "book" as it was called said, "'I'lie book is below criticism."
The legislature was called to meet in extraordinary session on November 23, 1812, the object being the passage of the legislation necessary for choosing electors of the coming presidential election. The general assembly formally chose Messrs. Poydras, Thomas and Hopkins to be such electors. Thomas L. Posey succeeded Destrehan as United States senator, but Posey was succeeded by James Brown in December, 1812. Destrehan resigned before the state was admitted. He seems to have been in a very great hurry : in recent years the hurry seems to be to get in rather than get out. There were many resignations from the first state legis- lature, doubtless owing to the prejudice existing against the American members by the members who belonged to the elite of the ancient inhabitants. In March, 1813, Governor Claiborne issued a proclamation ordering the pirates at Barataria bay to disperse, but they continued, with the aid of many of the citizens, to carry on their unlawful proceedings. The governor finally offered a reward of five hundred dollars for the arrest of Lafitte, the leader of the pirates. There were two brothers of that name, Frenchmen, both formerly blacksmiths in New Orleans, their names being John and Peter, the former being chief of the pirates.
61
LOUISIANA, UNDER CLAIBORNE.
Eligius Fromentin succeeded Mr. Magruder in the United States senate in 1813.
During the last few years of the territorial administration, the finances were in excellent condition ; in fact, the state found itself with a large sum in the treasury. But it was soon expended in holling the statehood convention, in donations to state institu- tions, in building levees, and in relieving sufferers from the insur- rection of 1810. So that almost from the start, the governor, · from a state of affluence was plunged into financial straits from which it was hard to emerge. The legislature of 1814, in order to meet this state of affairs and the drains incurred by the pending war, made suitable provision for an increase in the revenue. The pirates having killed several of the state's officers, it was resolved to wholly break up the band. But delays occurred, and . the pirates continued to thrive. In March, 1814, the governor checked and thwarted a hostile expedition to the Spanish province of Texas. He brought the militia, with the assistance of the legislature, up to a high state of efficiency, a measure that was amply rewarded in the subsequent expulsion of the British. He suppressed several hostile movements of the Indians within the borders of the state, and was told that it was the intention of the British to wrest Louisiana from the United States and restore it to Spain. It may have been reports of this character that influenced some of the ancient inhabitants to oppose the organiza- tion of the militia. But when the war finally broke forth in Louisiana, Claiborne was ready to assist Jackson. Indeed, he contributed not a little to the success of the latter. Strange as it may seem, the pirates offered their services to assist in repelling the British and were accepted.
In November, 1812, Stephen A. Hopkins succeeded Mr. St. Martin as speaker of the house. The assembly at this time voted as follows for presidential electors : Madison ticket 23, Clinton ticket 16. This meant that the state favored the war with Great Britain, that being the principal subject of controversy at the time. But the anti-war element was strong at first, though it eventually softened and assisted General Jackson in his heroic defense of New Orleans. It was at this session also that the assembly voted for United States senator to succeed Destrehan resigned, the vote being as follows: First ballot, James Brown 20, Thomas Posey 14, Fulwar Skipwith 6, no choice; second ballot, Brown 26, Posey 14. By 1814 the opposition to the war had become decided and pronounced. The carly defeats of the Americans were compared to the disasters that befel! the army of
62
THE PROVINCE AND THE STATES.
Napoleon in Russia. In addition there was raised the cry against embargoes, loans, stamp duties and taxes. In June, 1814, the candidates for congress in the Orleans district were John B. Prevost who favored peace and free trade, and Thomas Bolling Robertson who supported the war and commercial restriction. At the election Robertson received in Orleans 599 votes and Prevost 152. Robertson received a large majority in the district. The war party of Mr. Madison was in the ascendant. At this time there was very little opposition to the annexation of West Florida : all were wildly in favor of it.
In September, 1813, came the news of the massacre at Fort Mimms in Mississippi territory by Indians who had been incited and assisted by British emissaries and by runaway slaves. Clai- borne promptly sent circulars to all the regimental commanders of the militia, urging them to increased vigilance to prevent similar massacres in the exposed portions of Louisiana. He even visited several of the parishes, going as far as Natchitoches, to see per - sonally that the militia were in readiness, not only to quell any outbreak of the Indians, but to perform service against Great Britain. At Natchitoches, where many refugees had gathered for protection, he held a council with the Caddo chiefs for the pur- pose of securing a continuance of their existing friendship and of thwarting the hostile designs of the British emissaries. The rumors of impending invasion by a British army and the call of the government for a regiment of Louisiana militia for service outside of the state, still further roused Governor Claiborne to the seriousness of the situation and to the necessity of redoubled efforts.
While General Jackson was making preparations to repel the British, the legislature continued in session to be in readiness to act in any emergency that might arise; but, as the sequel showed, this legislature was destined to cause many disagreements and misunderstandings. They began by disagreeing with the gover- nor concerning the organization of the militia. The Creoles and French objected to be commanded by American officers, and scem to have been sustained by the "ancient" members of the legis- lature. The legislature thus managed to thwart in a measure the course of the governor in preparing for war. All of this was fully depicted to General Jackson. In the meantime British emissaries among the people stirred them up against the Ameri- cans. The requisition of the governor for militia was opposed by the legislature, although they voted five thousand dollars to cover the expenses of a temporary muster. To meet the demands
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