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 6
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LOUISIANA, UNDER CLAIBORNE.
of Jackson, Claiborne called upon the governors of Kentucky and Tennessee for assistance. In New Orleans a public meeting to aid Jackson was held. Edward Livingston was chairman and Richard Realf, the poet, secretary. Strong resolutions to aid in repelling the enemy were adopted. A committee of nine prepared a long address to the citizens urging assistance against the enemy. But the tone of this address showed that there was already some doubt in the minds of the committee as to the loyalty of all the populace. The address seems too much like an argument to sis- tain the government, when all argument should have been wholly unnecessary. British agents tried to incite the negroes to mutiny. Two proclamations issued by Jackson after the battle of Fort Bowyer did more than all else to unite the community against the common enemy. One of them was addressed principally to the free colored men and militia. This was objected to by many, as placing the colored people on too nearly an equality with the whites. Claiborne speaks at this time of defending Louisiana from attacks within and without. There was thus much disorder and dissension when Jackson arrived on December I. His addresses stirred up every person disposed to assist him. On a proposed suspension of the habeas corpus the legislature promptly descended. On the proposition to tax the state for defensive pur- poses, they likewise fell, but subsequently modified their attitude, and appropriated considerable sums for defense. There was so much opposition to the war from many quarters that Jackson was prejudiced against New Orleans from the start.
Upon the first repulse of the Americans, Claiborne suggested the propriety of an adjournment of the legislature for twenty or thirty days, but they refused to be prorogued. Jackson was unfavorably impressed by this action of the legislature, and promptly proclaimed martial law and the suspension of the habeas corpus and other constitutional rights, and accompanied this act with a stinging address in which he expressed his astonishment to the opposition shown in the state. He proceeded to ignore the legislature and in every way to prepare for defense. Some 600 colored men were put to service. The pirate Lafitte, whose tender of services had been at first refused, was received by Jackson, and his small army was accepted. In the meantime, all judicial pro- cedure against them was temporarily suspended by general con- sent. To aid those who had entered the army, the legislature temporarily suspended the collection of debts and postponed court cases until the first of May. In December, there arrived from
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Tennessee and Kentucky some 5,000 troops,* which greatly strengthened the army under Jackson. News having reached Jackson late in December that the legislature was likely to sur- render the state to the British, he suggested that that body should be temporarily suspended. This was construed into an order, and Claiborne, on the 28th, closed the doors of the assembly, but ordered them opened the next day, when such was found not to be the intention of the legislature. This act led to much dissen- sion afterward. During the preliminary proceedings and the bat- tle of January 8, the city and vicinity was quiet and expectant. When victory was proclaimed all appeared happy, and yet the legislature which adjourned on February 6, refused to appropri- ate eight hundred dollars for a saber to be presented to General Jackson and refused to thank him, although all the other leading officers were publicly thanked. The truth was that the French members of the assembly held secret resentment against Jackson for his having suspected them of being indifferent to American success or of being more or less traitorous; but the facts show that Jackson was justified in his views by the attitude of many of the members. The subsequent arrest by Jackson of several citizens and the attendant circumstances are well known matters of his- tory. Early in the spring came the news of the termination of the war, after which it was remarkable how fast New Orleans and all of Louisiana assumed the cheerful air of commercial prosperity and peace.
In his proclamation granting amnesty to the Barataria pirates, issued February 6, 1815, President Madison said, "It has long been ascertained that many foreigners, flying from the dangers of their own home, and that some citizens, forgetful of their duty, had co-operated in forming an establishment on the island of Bar- ataria near the mouth of the river Mississippi for the purpose of clandestine and lawless trade. The Government of the United States caused the establishment to be broken up and destroyed ; and having obtained the means of designating the offenders of every description, it only remains to answer the demands of jus- tice by inflicting an exemplary punishment. But it has since been represented that the offenders have manifested a sincere peni- tence ; that they have abandoned the prosecution of the worst cause for the support of the best; and particularly that they have ex- hibited in the defense of New Orleans unequivocal traits of cour- age and fidelity. Offenders, who have refused to become the as-
* The newspapers published in New Orleans at this time estimated the number of men from Kentucky and Tennosseo at 5, 000. Historians gonorally fix the figures much lowor.
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sociates of the enemy in the war upon the most seducing terms of invitation, and who have aided to repel his hostile invasion of the territory of the United States can no longer be considered as objects of punishment, but as objects of generous forgiveness. It has therefore been seen with great satisfaction that the General Assembly of the State of Louisiana earnestly recommend these of- fenders to the benefit of a full pardon." Accordingly, the presi- dent granted them a full pardon upon certain terms and condi- tions, among which was the following proviso: "That every per- son claiming the benefit of this full pardon, in order to entitle himself thereto, shall produce a certificate in writing from the Governor of the State of Louisiana, stating that such person has aided in the defense of New Orleans and the adjacent country during the invasion thereof as aforesaid." The president or- dered that all "suits, indictments, and prosecutions for fines, pen- alties and forfeitures against any person or persons who shall be entitled to the benefit of this full pardon" should be stayed, dis- continued and released. Congress passed the following resolu- tions on February 22, 1815:
"Resolved, That Congress entertain a high sense of the patri- otism, fidelity, zeal and courage with which the people of the state of Louisiana promptly and unanimously stepped forth un- der circumstances of imminent danger from a powerful invading army in defense of all the individual, social and political rights held dear by man. Congress declare and proclaim that the brave Louisianians deserve well of the whole people of the United States.
"Resolved, That Congress entertain a high sense of the gener- osity, benevolence and humanity displayed by the people of New Orleans in voluntarily affording the best accommodations in their power and giving the kindest attentions to the wounded, not only of our own army, but also of the wounded prisoners of a van- quished foe.
"That the President of the United States be requested to cause the foregoing resolutions to be communicated to his excellency, the Governor of Louisiana, accompanied with a request that he cause the. greatest possible publicity to be given to them for the information of the whole people of Louisiana."
With the close of the year 1816, the administration of Governor Claiborne honorably if not gloriously terminated. He compli- mented the legislature of November, 1816, on the conclusion of peace, and observed "that its auspicious influence on agriculture, commerce, and indeed all the pursuits of civil left was sensibly
III-5
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felt." After giving excellent advice to Louisiana, he took an af- tectionate farewell and retired to private life. Thus after he had served the state for about thirteen consecutive years, his responsi- bilities were assumed by another. During all that time he was ever faithful to the welfare of Louisiana, both as a territory and as a state. Amid the most exacting and exasperating circum- stances, when severe measures would have been wholly pardon- able, he acted with a moderation that proved his wisdom, his patri- otism, his integrity and his love for all the people under the Fed- eral constitution. Although elected to the United States senate in 1817, he did not serve as such, but passed away on November 23 of that year.
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LOUISIANA, FROM 1816 TO 1828.
CHAPTER IV
1.
Events from 1816 to 1828
T HE GOVERNORSHIP of the state was assumed by Gen. Jacques Villere in December, 1816. That gentleman had
served with distinction in the recent defense of the state, " and was rewarded by his fellow citizens. In his message to the legislature of January, 1817, he noted the great prosperity of the people, congratulated them on their liberty and laws, compared their present condition with that under the European kings, recom- mended more stringent laws against crime, suggested the adoption of measures to require good conduct from foreigners, and ended with the following sage conclusion : "By these additional means we shall be able to keep from our land ill-disposed persons, and to secure ourselves from the dangers to which we are exposed from those who are already among us." In his message of January, 1819, he congratulated the legislature that much of the internal disorders of which he had previously complained had disappeared, and attributed the improvement to a better execution of the exist -- ing laws against public offenses. He noted that party spirit had largely subsided, a fact then common to all the United States. This was the "era of good feeling" under President Monroe. The great prosperity of the state was glowingly commented upon. He recommended the passage of several laws which he deemed would still further improve and ameliorate the condition of the people of Louisiana.
Among the more important acts of the first session of the third legislature begun in New Orleans, November 18, 1816, were the following: Providing for the public printing; buying thirty copies of Martin's reports; providing for the publication of the full proceedings of the judicial practice throughout the state ; pro- hibiting the importation of slaves or free colored persons who had
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been convicted of crime; granting James Renker the right for twenty years to tow vessels through the English Turn on the Mississippi ; granting special privileges to the towns of St Mar- tinsville, St. Francisville and Madisonville; supplementing former regulations concerning the practice of medicine; establishing a medical board in each of the two districts of the supreme court; locating a seat of justice for St. Tammany parish ; providing for a census of the electors of the state; instituting such bankruptcy proceedings as would make it possible for a debtor to avoid imprisonment by surrendering his property; accepting from the state of Pennsylvania the grant of five thousand dollars for a charity hospital in Louisiana, and the further grant of five hun- dred dollars annually for ten years for its support, the entire fund to be devoted to the care of Pennsylvanians taken sick in Louis- iana and annual reports to be made to the Keystone state; estab- lishing an explicit fee bill; specifying the punishment for many crimes and misdemeanors; incorporating the Female Orphan Society of New Orleans; ordering the purchase of all the papers, drawings, books, maps and plans of Laveau Trudeau, late survey- or-general of Louisiana. The following resolutions were adopted : Directing that a Te Deum be sung in the parochial church of New Orleans, January 8, 1817, to commemorate General Jackson's famous victory, the entire legislature and all public officials to attend in a body.
The Livingston resolutions of September, 1814, were signed by the following men: Edward Livingston, Pierre Foucher, Dusuau de la Croix, Benjamin Morgan, George M. Ogden, Dominique Bouligny, Joel N. Destrehan, John Blanque and Augustin Macarty. In 1815, Moreau Lislet, became a candi- date for the United States senate, vice Urquhart resigned, as did also J. B. Labatat, James Sterrett and Dr. William Flood. The summer of 1815 brought extraordinary prosperity to all of Louis- iana. In 1816, an extreme effort was made in congress by the Louisiana delegation to have the duty on sugar placed at five cents per pound instead of at two and one half cents as proposed in the bill then pending. They succeeded in having it fixed at three and twelve one hundredthis cents. They also tried hard for a lower duty on claret, declaring that it was a necessity to the people of Louisiana, owing to the peculiarities of the climate. Represen- tative Robertson declared it was "not only necessary to the health but to the morals of the people." They were a sober people, he declared, and it was to save them from the ravages of Kentucky whisky that he wished to reduce the duty on claret.
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LOUISIANA, FROM 1816 TO 1828.
In 1816, the candidates for governor to succeed Claiborne were Jacques Villeré and Joshua Lewis. A strong effort to unite the outsiders and the ancient inhabitants, or rather to prevent their open hostility to each other, was made at this time. The congres- sional candidates in the Orleans district were T. B. Robertson and Henry Johnson. During this campaign there was circulated throughout the state a hand-bill, recommending Villeré for gov- ernor and "denominating the native Americans by the sneering appellation of a 'New Population,' as alien to the true interests of the State and as enemies of our laws, usages and institutions." This and other efforts to widen the gulf occasioned a large public meeting at New Orleans, of which Martin Gordon was chairman. They passed the following resolutions: "Resolved, That we view our union with the American Confederation as the only true foundation of our political happiness; as having raised us from colonial vassalage, from subservience to foreign tyranny, avarice and caprice into the dignity and happiness of a sovereign State; Resolved, That penetrated with this sentiment we view with great regret any measures tending to draw a line between American citizens natives of Louisiana and American citizens natives of other States of the Union as measures springing from a spirit hostile to the stability, prosperity and tranquillity of the State: Resolved, That it is contrary to the spirit of the Constitution and an affront to the sovereign power of the State to endeavor to bind representatives by any pledge to disregard the possible voice of the people in the election of the Governor: Resolved, That this meeting will support the following ticket at the ensuing election : For Governor, Joshua Lewis; Congress, Thomas B. Robertson," In addition to these resolutions, the meeting issued an address to the public, in which occurred the following passage : "We lament that there is reason to believe that the real though unavowed motive of opposition is that on the list of candidates there are any citizens who trace their origin to any other part of the United States." This contest resulted in the election of Villeré for governor, the vote in Orleans standing for Villeré 590, for Lewis 292. The final result as announced by the general assem- bly was as follows: Villeré, 2,256; Lewis, 2,187. The legisla- ture voted as follows: Villere, 43, Lewis, 3, blank, I. This elec- tion, so far as the governor was concerned, was a triumph of the Creole element, Villeré receiving in addition enough American votes to elect him. The Gasette of November 20, said, "This election excites in the minds of those who best know how to appre- ciate the true interests of Louisiana as a member of the American
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Union forebodings that we sincerely pray may never be realized. Much will depend on the choice which the Governor elect will make of a Secretary of State-perhaps still more on that of a priv- ate secretary. Our opposition to him whilst the election was pend- ing was undisguised. He has now been chosen to govern the State by a majority of the persons who voted-we are willing to believe that he will not intentionally do anything injurious to the country, but his friends in the Legislature have already shown that as regards appointments the enquiry will not be, 'Is the man fit for the office,' but 'did he vote on our side?' " The misgiv- ings of the editor were groundless, because the administration of Villeré was wise and pacific in the extreme.
In fact the administration of Villeré was "quiet, prosperous and healing." His election which took place after a hot contest, where two languages were sharply opposed to each other, was a pacific concession to the ancient inhabitants, who, it was at last seen by the Americans, did not intend wholly to upset the state and pitch it in the Gulf. It was largely through the diplomacy of Villeré that good result was accomplished. Afterward his admin- istration "drew together the American and French populations and by making them better acquainted, threw down the barriers which a difference of language and heated prejudices had raised between them. By this union those evil and ambitious spirits who fattened on our differences which their artful calumnies had alone excited, were banished from political influence," said a correspond- ent of the Louisiana Courier July 19, 1822. It was revealed in the campaign of 1822 that out of 199 lucrative offices in the state, the following appointments had been made: 115 yielding two hundred and seven thousand three hundred dollars were occupied by Americans; 50 yielding one hundred and two thousand two hundred dollars were occupied by Frenchmen, and 34 yielding sev- enty-five thousand and fifty dollars were occupied by Creoles. Be- sides this, all the three congressmen and the two United States senators were Americans. The question was, who had the best right to the offices? It was pointed out that the Creoles had not thus been properly treated.
In January, 1817, Villere took the oath of office before the two houses. A few days later Claiborne was elected to the United States senate by the following vote: Claiborne 27, James Brown 22. About this time the following correspondence appeared in the Louisiana Gazette. "When the inhabitants of Louisiana passed under the protection of the United States, some divisions arose among them. The privileged class of rich propri- ctors regretted the colonial system which favored their private
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LOUISIANA, FROM 1816 TO 1828.
interests, but the greater number rejoiced at an event which ren- dered all citizens equal in the eye of the law and guaranteed public liberty. These divisions no longer exist. The minority after some vain attempts wisely yielded to the general will. They con- sidered that it was useless and dangerous to struggle against the force of things and consented to be free and happy with the rest of the nation."
In January, 1818, the legislature elected Henry Johnson, United States senator on the second ballot, he having a total of thirty votes. This was a Federalist victory. The resignation of Congressman Robertson, in June, 1818, necessitated the election of a successor, the candidates being Thomas Butler and Edward Livingston, the former being elected by a large majority. The presidential campaign of 1816 occasioned very little interest. Monroe received the electoral vote of the state. This was the cra of good feeling.
Among the important acts of the second session of the third general assembly, which convened at New Orleans, January 5, 1818, were the following: Exempting the Ursuline nuns from legal process in certain cases ; punishing with death any slave or other colored person, who should assault a white female; incor- porating the Medical Society of New Orleans; ceding to the gov- ernment for light-house purposes, Frank's island, near the north- east pass of the Mississippi; establishing an additional court of criminal jurisdiction ; granting ferries and opening roads; found- ing the Louisiana State Bank with capital of two million dollars, in which the state took a large block of stock, the bank to have branches at St. Francisville, St. Martinsville, Donaldsonville, Baton Rouge and Alexandria, each with one hundred thousand dollars capital; establishing a seat of justice for St. Tammany parish; dividing Feliciana parish into election districts; permit- ting the Charity Hospital to change its location ; permitting Mr. Raoul, senior, to charge a bounty for the use of his discovery to destroy the grass nut (Coco Americana) ; appropriating five hundred dollars for the relief of the Female Orphan Asylum; reorganizing the militia; establishing a board of health with lazaretto, quarantine, etc .; creating the office of surveyor-general of Louisiana ; amending the penal laws so that murder in the sec- ond degree should thereafter be known as manslaughter; provid- ing for the relief and protection of persons brought to the state as redemptioners, and apportioning county and parish representa- tion in the legislature as follows: Orleans county nine, German Coast county two; Acadia county-St. Jacques parish one, Ascen- sion parish one; Iberville county-Iberville parisli one, West
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Baton Rouge parish one; Lafourche county-Lafourche Interior parish two, Assumption parish one, Pointe Coupee county one; Rapides county-Rapides parish two, Catahoula parish one, Avoyelles parish one; Ouachita county, one; Natchitoches county, two; Concordia county, one; Opelousas county, three; Attakapas county-St. Martin parish three, St. Mary parish one; Feliciana county-Feliciana parish three, East Baton Rouge parish two, St. Helena parish one, St. Tammany parish two.
At the first session of the fourth legislature begun in New Orleans, January 5, 1819, the following among other important laws were passed: To relieve the widow and heirs of the late Governor Claiborne; to pension certain persons injured in the War of 1812; to relieve the managers of the Hancock College lottery; to supplement the act incorporating the Masonic Grand Lodge; to authorize the Medical Society of New Orleans to raise fifteen thousand dollars for library, apparatus, etc., by means of a lottery ; to require many of the inhabitants to keep clear the small streams, bayous, etc., on their lands ; to improve the navigation of many of the smaller streams of the state; to authorize the transla- tion of such parts of the Partidas as were considered to have the force of law in Louisiana ; to grant the Louisiana Bank two years in which to liquidate; to appropriate annually thereafter for the use of public schools in each parish, the sum of six hundred dol- lars, the same to be dispensed by the police juries ; to increase the annual appropriation to the College of New Orleans from three thousand dollars to four thousand dollars; to authorize the regents of the university to raise twenty-five thousand dollars by means of two lotteries ; to relieve and support the Poydras Female Asylum of New Orleans; to incorporate an academy in the town of Natchitoches, giving it authority to raise six thousand dollars by lottery; to incorporate the College of Rapides, granting it authority to raise twenty thousand dollars by one or more lotter- ies ; to incorporate the New Orleans Water Company; to allow the state treasurer, in lieu of a stated salary, four per cent of all the collections ; to provide for recording all births and deaths; to incorporate several navigation companies to clear various streams and lakes for boats.
This legislature passed a resolution providing for the annual celebration of the 8th of January, on which occasion a Te Deum should be sung in the parochial church and an assemblage of all the public functionaries should fittingly observe the day. They further called on congress for the 1,500 stands of arms granted the state about six years before; requested that the conflicting land claims in the state should be settled as soon as possible;
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LOUISIANA, FROM 1816 TO 1828.
demanded that a sufficient naval force should be stationed on the gulf coast to protect the state from pirates, who ruined the trade with Vera Cruz and other commercial ports, and requested the governor to procure copies of the ordinances rendered on land grants in Louisiana under the Spanish government: viz, the ordinances of O'Reilly dated February 18, 1770; the proclamation of M. de Galvez after taking Baton Rouge; the ordinances of Gayoso de Lemos dated January 1, 1798, and the ordinance of the Intendant Morales dated July 17, 1799.
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