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 7

Author: Goodspeed, Weston Arthur, 1852-1926, ed
Publication date: 1904
Publisher: Madison, Wis. : The Weston Historical Association
Number of Pages: 1086


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 7


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Strange as it may seem, Louisiana did not suffer as did the Northern states from a decadence of commerce during the years from 1817 to 1821 inclusive. She continued to prosper exceed- ingly, which fact was specially commented upon by the governor in January, 1820. The phenomenal development of the state from the former languid condition of the people under the gov- ernment of Spain to that of the present, was brought forcibly by him to the attention of the legislature and the people. The yel- low fever of the previous autumn was the only cloud on the com- mercial or health horizons. Again, in November, 1820, upon his retirement from the gubernatorial chair, he still enthusiastically dwelt on the prosperity of his fellow citizens. His successor, Thomas B. Robertson, the former territorial secretary and men- ber of congress under the first state government, also feelingly commented upon the greatness of Louisiana as compared with the past. He even conjured up a beautiful picture of the possible future, when the great river should be thick with happy homes and thronged with a commerce, the extent of which no man could conceive. He extolled the general government, and splendidly compared it with the old world monarchies. He ended with many excellent recommendations for the consideration of the peo- ple and the legislature. He called attention to the Federal tariff, and to the restrictions placed on Missouri upon her request to bc admitted to the Union, meaning the restriction of slavery in the. act known as the "Missouri Compromise." He commented with much sarcasm on the attitude of the North against slavery, and expressed gratitude that Louisiana had been admitted to the Union before such sentiments had come up to injure her prosperity.


In 1820, the following important acts were passed: Incorpor- ating the Academy of Baton Rouge, with authority to raise ten thousand dollars by means of a lottery; providing still further for the pensioners of 1812; incorporating the Physico-Medical Society of New Orleans ; establishing Bogue Chitto as the tempo-


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rary seat of justice of Washington parish ; incorporating the New Orleans Turnpike Company ; authorizing the formation of a lot- tery to raise twenty thousand dollars with which to build a bridge over Thompson's creek on the road from Jackson to St. Francis- ville; granting one thousand dollars to Poydras Female Asylum; authorizing the publication of all laws in French and English, side by side; organizing the militia into companies, battalions and regiments, to be called the Louisiana Legion ; and incorporating the Feliciana Steamboat Company. This legislature further appropriated three thousand one hundred and one dollars and forty-four cents for Lucy B. Holland, widow of Francis Holland, who, in an emergency during his lifetime, delivered to Governor Claiborne at his solicitation the ship "Suffolk," "for the purpose of having the ship sunk in the crevasse that then existed at Macarty's plantation and which threatened the destruction of the property and lives of the citizens of New Orleans and its vicinity to an alarming degree." Provision to raise this amount on the taxables of Orleans parish was made by this legislature. They also passed the following resolution :


"WHEREAS, The Governor of this State is only authorized by law to present, in the name of the State, a stand of colors to each of the regiments or battalions of the Louisiana militia : Resolved, That the Governor be, and he is hereby authorized, to present one stand of colors to the uniformed companies of the city of New Orleans, on the 8th inst., as a token of gratitude for the eminent services of those companies at the time of the invasion of our territory by the British and as an acknowledgement of the ser. vices which they render every day."


Previous to 1820, the legislature adopted a resolution appoint- ing a committee to correspond with the executives of the Western states and territories in relation to the establishment of certain hospitals in Louisiana, particularly along Mississippi and Red rivers, for the care of the traders who came down the rivers and were taken sick, and who otherwise did not receive proper attention. This committee reported in March, 1820, that both commerce and humanity demanded the erection of such hospitals ; that many men in good health came down the rivers with their products, were soon taken sick, owing to the great change in cli- mate, that on their way home they were unable to receive medical or very often any attention and even died in the fields; that they were often landed from their boats at small stations where no assistance could be given them; that they were mostly boatmen from Kentucky, Tennessee and Ohio; that Baton Rouge and


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many other towns cared for them as well as possible; that the products brought down were absolutely necessary for Louisiana, in large sections of which nothing but cotton and cane was grown ; that therefore, Louisiana, from commercial motives, if from no others, should build the hospitals for the care of these men. It was noted in the case of these men that while the desire to gain was stronger than the fear of death, Louisiana should foster the Western trade, which was fast being absorbed by the East through the medium of canals, turnpikes and steamboats. The lack of enterprise on the part of Louisiana at this juncture, would mean the loss of the Western trade, to gain which New York, Philadel- phia and Baltimore were expending enormous sums of money. While recommending the erection of such hospitals at Baton Rouge, Covington, Natchitoches and other places, the committee submitted to the action of the legislature a resolution authorizing the governor to correspond with the executives of Missouri terri- tory, Illinois, Ohio, Indiana, Kentucky, Tennessee and Mississippi to learn whether they would co-operate in the construction of such hospitals.


At this time, also, the legislature authorized the governor to urge upon the president the importance of completing the unfin- ished military defenses within the state. They took steps to locate and mark the northern boundary of the state and the west- ern boundary of the same from the Sabine to the thirty-third par- allel. They declared it expedient that Louisiana should have a penitentiary or state prison, and authorized the governor to receive plans for such a structure and to pay for the best one submitted the sum of three hundred dollars.


In July, 1820, the candidates for governor were Derbigny, Duncan, Robertson and Destrehan, and the congressional candi- dates were Livingston and Johnson. On July 3, the following communication appeared in the Gazette: "A few days since there appeared in one of the papers of this city an article in which several of the candidates who solicit your suffrages for the Legis- lature were reproached with having openly manifested a resolu- tion formed beforehand, of rejecting an American even should he have a majority of votes for Governor. Instead of a dis- avowal, a manifesto against the Americans is circulated in our streets; they are told that among us they are a proscribed race, and in order that all of them may know what to expect it is in their mother tongue that they are proclaimed outlaws. (Signed) The Friends of Mr. Destrchan." Thus the old factional strife between the "ancient inhabitants" and the Americans continued


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to burn and irritate. Upon the retirement of Villeré,.in Decem- ber, 1820, from the governor's chair the assembly issued him a farewell address, in which his administration was warmly approved and he was thanked for luis devotion, wisdom and patriotism. On November 27, 1820, the joint houses chose Messrs. Thomas, Todd and Grymes for presidential electors : their votes were cast for Mr. Monroe. The vote for governor in 1820 was as follows: Robertson, 1,903; Derbigny, 1,187; Duncan, 1,031; Destrehan, 627. The vote in the legislature was, Robert- son 42, blank 2.


Among the important acts of the session beginning at New Orleans November 12, 1821, were the following: To organize a special volunteer company in the city of Natchitoches, the men to be paid two dollars per day when in pursuit of runaway slaves; to give to police juries, except in incorporated cities and towns, the sole right to establish patrols for the government of slaves; to define the limits of the port of New Orleans as follows: "From the lower limit of Bourg Declouet to the lower limits of Rous- scau's plantation, on the left bank of the river Mississippi, and from the upper limits of the plantation of John McDonough to the lower limits of the plantation of Duverje on the right bank of the said river, including the whole width of the said river between those points ;" to fix the permanent seat of justice for Washington parish at Franklin; to take a census of the electors of the state; to appropriate for the relief of sick and distressed strangers (prob- ably boatmen from up the Mississippi) the sum of one thousand two hundred dollars; to incorporate the town of Opelousas; to extend and improve the system of public education in Louisiana, raising the annual appropriation from six hundred dollars to eight hundred dollars for each parish; to adopt an elaborate code of public health; to incorporate the Society of Mechanics in New Orleans; to pay to the widow and heirs of the late Gov- . ernor Claiborne five thousand four hundred and forty-seven dol- lars for materials purchased on his personal credit to be used in stopping the crevasse at the Macarty plantation in 1816; to author- ize the governor to borrow twenty-five thousand dollars to meet pressing expenses, and to authorize the governor to advertise in the Eastern papers a premium of five hundred dollars for the best plan for a penitentiary.


By the act of congress approved April 21, 1806, section number 16 of each township in Orleans territory was reserved for the use of public schools ; and in addition an entire township was set apart for a seminary of learning. By the act of March 3, 1811, another township was reserved for the same purpose. In 1821


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none of this land had yet been located. The legislature of 1821 recited these items, and called the attention of congress to the fact that, by reason of there being very little good land in the state except along the streams, the great majority of sections 16 above mentioned were comparatively worthless. They requested that the two townships above referred to be at once located.


In 1821 Louisiana was divided into the following congressional districts : First district-Orleans, German Coast, Acadia and Lafourche counties ; second district-Iberville, Pointe Coupee and Feliciana counties; third district-Attakapas, Opelousas, Rapides, Natchitoches, Ouachita and Concordia counties, the state being entitled to three members of the lower house of congress. At this time, also, the state was reapportioned, agreeably to the census of 1820, for representatives in the lower branch of the legislature, as follows: Orleans county-Plaquemine parish, one, St. Bernard parish, one, second senatorial district, six, third senatorial district, one; German Coast county, two; Acadia county-St. James par- ish, two, Ascension parish, one; Iberville county-Iberville parish,. one, West Baton Rouge parish, one; Pointe Coupee county, one ; Concordia county, one; Ouachita county, one; Natchitoches county, two; Rapides county-Rapides parish, two, Catahoula parish, one, Avoyelles parish, one; Opelousas county, three ; Atta- kapas county-St. Martin parish, three, St. Mary parish, one ; Lafourche county-Lafourche parish, two, Assumption parish, one, Terrebonne parish, one; Feliciana county-Feliciana parish, four, East Baton Rouge, two, St. Tammany, one, Washington, one, St. Helena, two.


In January, 1822, Governor Robertson found fault with the government because it had not strengthened the defences of Louis- iana, while large sums had been spent on other insignificant points. He further declared that Louisiana had hitherto been unrepresented in the president's cabinet and that the wants of Louisiana were neither considered nor understood by congress. He criticised the dispatch of a naval force to the shores of Africa, when on the Gulf could be witnessed scenes much more atrocious and much more to be desired stopped. He also declared that Louisiana was not given public lands within her borders as many of the Northern states were, and was shown scant attention in this and other regards by the government. He noted that im- mense tracts of land had been granted by congress to other states for educational purposes, and demanded that the same considera- tion should be shown them. He showed that the reservation of the sixteenth sections and the two townships, owing to the immense amount of overflowed land in the state, would yield very


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little school revenue to the state. These strictures on the govern- ment were still further increased in his message of January, 1823. After reviewing what he considered the wrongs that had been heaped upon Louisiana, he asked, "Are we forever to be deprived of rights enjoyed by the original States of the Union?" He demanded that the public lands in Louisiana should be employed to aid her schools, her levees, and her public improvements gen- erally.


The general assembly which convened at New Orleans Janu- ary 7, 1822, passed several important acts: The Eighth judicial district of the state was established; the Partidas which had been translated by Louis M. Lislet and Henry Carleton, attorneys, was ordered distributed; that part of the great national road from Nashville to Madisonville, lying in Louisiana, was ordered built; Pearl and Red rivers, particularly the latter through the big raft, were ordered opened for navigation; New Orleans was authorized to borrow three hundred thousand dollars on its stock, the same to be expended in watering and paving the city; the inhabitants of Ascension, Assumption and Lafourche parishes were author- ized to raise by lottery the sum of eight thousand dollars, with which to improve bayou Lafourche; all of the volunteer com- panies of New Orleans were constituted the First Brigade of the state militia, otherwise known as the Louisiana Legion ; the mar- riage of Joseph Charles de St. Romes, uncle, and Maria Elizabeth Vion, niece, was legalized; in order to make a lottery or to sell tickets thereof, it was required to procure a license; the Female Charity Society of New Orleans was incorporated; the governor was authorized to appoint five commissioners whose duty should be to buy a tract of land within one league of New Orleans upon which they should have erected a penitentiary after the plans of Robert Mills, the whole expense, including ground and build- ing, not to exceed two hundred fifty thousand dollars, which amount was to be borrowed by the governor on the credit of the state.


The treaty of 1819 with Spain settled the western boundary of Louisiana in the Sabine, and in March, 1823, the examination and adjustment of titles to the land between that stream and Rio Hondo was ordered. In 1820 congress decided to build an addi- tion to the custom-house in New Orleans, and two years later three representatives in congress were assigned to Louisiana. In 1822 and 1823 many titles east of New Orleans and in the vicinity of Bastrop's grant were confirmed. In March, 1823, congress divided the state into two districts for the United States court : I. Western district-Attakapas, Opelousas, Rapides, Natchito -.


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ches and Ouachita ; 2. Eastern district-all the rest of the state. Three courts were to be held annually in New Orleans for the Eastern district, and one annually at Opelousas for the Western. One judge was deemed sufficient for both districts.


In June, 1822, it was announced through the newspapers that the French, Creoles and Americans had united in the selection of a ticket for congress and the state legislature, Edward Living- ston being their candidate for congress. Later it appeared that the discordant factions had not united, because there were three separate tickets. The tickets were usually selected at a public meeting, and the announcements had headings similar to the fol- lowing: "The following ticket for Representatives to the Legis- lature is presented for the consideration of the electors, particu- larly the American population of this city." In 1820 Josiah S. Johnston who was chosen to represent the Western district in congress became a strong factor in the political controversies. Owing to the terrible visitations of yellow fever, the quarantine question became all important. The protection of commerce from the Gulf pirates commanded attention. Private land titles con- tinued to absorb attention. The ownership of the public land within the state was the particular object of comment and criti- cism. Governor Robertson said in 1822, "The sovereignty of the United States over the territory within our limits, if not utterly incompatible with the sovereignty of the State, is in the highest degree vexatious and inconvenient." He declared that no other state was treated so shabbily in this regard.


The administration of Governor Robertson came to an end in November, 1822, through his acceptance of the appointment as judge of the United States court for the district of Louisiana. H. S. Thibodeau, then president of the state senate, became gov- ernor according to the provisions of the state constitution until another governor should be elected and qualified. Henry John- son was thus chosen; he took his seat in December, 1824. In his message he commented on the excellent financial condition of the state; but deplored the ill-feeling existing between certain factions of the people. In January, 1826, he reported the con- tinuation of general prosperity. He had recently visited many distant portions and had found the people happy and contented. There was some trouble with the Texans along the Sabine, which had not been checked, although a detachment of troops had been stationed there by the government. He observed that the attach- ment of Texas to the United States was a matter of great im- portance to Louisiana. He sharply criticised the attitude of the government in regard to the public lands within the state, and


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like several of his predecessors complained bitterly of the inat- tention of congress to the wants of Louisiana. He laid before the legislature resolutions from several Northern states on the abolition of slavery. He commented stringently on the impu- dence and meddlesome nature of these resolutions.


The legislature which met in New Orleans on January 5, 1824, enacted the following laws: Dividing the parish of Plaquemine into wards; laying out Vermillionville in Lafayette parish ; abol- ishing the parish of Feliciana and creating the county of Feli- ciana, with the two parishes East and West Feliciana ; incorporat- ing a library society in Alexandria; appointing commissioners to survey West Pearl river ; incorporating the Hibernian Society of New Orleans; authorizing the governor to borrow thirty thou- sand dollars; appointing three jurisconsults to prepare a civil code, a code of practice and a commercial code, for which service each should receive four thousand dollars; providing for the inspection of beef and pork ; incorporating the Touro Free Library Society of New Orleans, which already had about 1,000 volumes and had been promised a suitable building by Judah Touro, its benefactor ; incorporating the Bank of Louisiana, with a capital of four million dollars, of which the state subscribed one-half, and with five branch offices of discount and deposit at Donaldson- ville, St. Francisville, St. Martinsville, Alexandria and Baton Rouge, each with a capital of two hundred thousand dollars and each to loan money in the parishes in its vicinity.


In 1824 congress granted to the inhabitants of Pointe Coupee a tract there forty by forty arpents, fronting on the Mississippi, "on condition that said parish shall at all times hereafter keep a good and sufficient levee in front of said land upon the river." By act of 1820 congress granted to Anthony Cavalier and Peter Petit a tract of 2,065 acres, "being an island in the Mississippi river known by the name of Apple Island." In June, 1832, the claims of ninety-five persons on bayou Terre aux Boeufs in St. Pernard parish were confirmed in a bunch by congress. By act on June, 1834, congress granted to Gen. Philemon Thomas 1,280 acres in Louisiana "in consideration of the military services ren- dered by him in taking possession of that portion of West Florida included in the district of Baton Rouge." The act of March 2, 1849, was important to Louisiana. It provided that all swamp and overflowed lands unfit for cultivation should be granted to the state "to aid in constructing the necessary levees and drains to reclaim the swamp and overflowed lands of the state." Big grants of unoccupied, alternate sections were given to several railroads. Large grants were made to the owners of La Nana


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and Las Ormegas claims to recompense them for tracts which had been sold by the United States from their lands. It was provided that such certificates or "floats" should not exceed a total of 17,477.62 acres.


So pacific and healing had been the administration of Governor Villeré that in 1824 he was again brought forward for the pur- pose of uniting the hostile factions. Opposed to him was Ber- nard Marigny, also a Creole. It was claimed that Marigny had been induced to become the standard bearer of a faction of the Creoles in order to divide the forces of Villere. At this time the cry was for a Creole governor. But a short time before it was thought by many Americans that the election of a Creole governor meant the ruin of the young state. But the adminis- tration of Villeré had opened the eyes of these self-important gentlemen. The people had never before been so happy. The two languages were impoverished to find congratulatory words to express the general satisfaction. Now, when it was seen that the old hostilities were likely to be renewed, the cry again arose for Villere, or in any event a Creole. He accordingly consented to stand. Johnson was the American candidate brought forward to oppose him. Jolinson was elected, probably by reason of the division in the other ranks. This was again a success of the Fed- eralists, or Democrats as they had been denominated, but which a few years later were merged into the Whigs. Livingston had become popular by reason of his having fought successfully for many years the substitution of the English Common Law for the Code Napoleon and the Spanish Civil Law. So that now he was much in evidence. The appointment of Mr. Brown, United States senator, as ambassador to France in 1823, neces- sitated the election of his successor in the senate. Livingston was prominently mentioned in this connection.


The strong protective tariff of 1824, which "changed the coun- try from an agricultural and commercial one to a manufacturing one," was thought to be the ruin of Louisiana. The bill was car- ried by only a narrow margin in congress; every Louisianian voted and worked against it. But strange as it may seem the Louisianians strongly favored a high protective tariff on sugar and other products deemed vital to the interests of the state and the South. This was the attitude of the Louisiana delegation in congress almost from the War of 1812 to the Civil war of 1861-65, and even after the latter war. So that in nearly all instances, the Louisianians opposed a protective law as a whole, but favored it when it would benefit Louisiana.


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The year 1824 is distinguished in Louisiana by the many pub- lic meetings held in advocacy of the election of General Jackson to the presidency. In nearly all such cases resolutions demand- ing the election of members of the legislature who should pledge themselves in Jackson's interest were adopted. He was extolled everywhere, and there seemed no end to the enthusiasm. A Jack- sonian ticket for the legislature was placed before the people in June, 1824, all the candidates being pledged to Jackson. This ticket included the governor, and was as follows: Governor, James Villeré ; congressman, Edward Livingston ; state represen- tatives, J. B. Labatut, J. R. Grymes, C. G. Dearmas, A. Morphy, R. A. Rousseau, and A. Davezac ; this ticket being for the Orleans district. Other tickets were presented to the public. The sober yet exciting scenes of political contention were not without their witty and amusing incidents. A correspondent of the Courier suggested the following ticket: "Be pleased to publish the fol- lowing ticket ; it consists of gentlemen in favor of Villere, Clay, Adams, Jackson, and seems to me the most independent of all those that have hitherto appeared :- State Representatives: F. Grima, C. G. De Armas, G. Eustis, E. Mazureau, C. Maureau and A. Morphy."




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